试析我国刑法中的严格责任理论

我国刑法理论中,关于严格责任有若干代表性的观点。英美刑法中的严格责任应该从实体和程序两方面来理解;虽然我国目前的司法实践中尚不存在真正的严格责任制度,但是结合我国刑法的具体背景,其实严格责任是能够为我国刑法所包容的。在我国刑法制度中,无论从可能性还是必要性看,其都应该有一席之地。其本质为一种推定过错责任,注意义务是其中的关键问题。     

基于灰色理论的青少年犯罪预测模型及其应用

用灰色系统理论中的灰色预测方法对青少年犯罪进行趋势预测。根据某地区统计资料建立灰色动态数列预测模型,对该地区未来几年青少年犯罪进行预测研究,通过算例可知,预测结果是令人满意的。     

The Unconscious Conscience: Implicit Processes and Deception in Negotiation

Deception is pervasive in negotiations, and proponents of bounded ethicality propose that the decision to use deception reflects the influence of (unconscious) implicit processes. In this article, we empirically explore the bounded ethicality perspective. In the first experiment, we found that an implicit association between business and morality interacted with the competitive and cooperative characteristics of a negotiation to influence both negotiators' attitudes toward deception and their intentions to use deception. But in a second and third experiment, we found that these did not interact to influence negotiators' actual deception decisions. The results of our studies provide important insights into the deception decision process and complicate our understanding of bounded ethicality.     

DISTINGUISHING FACTS AND ARTIFACTS IN GROUP-BASED MODELING*

Group-based methodology (SPGM) has been presented as suitable to test for the existence of subpopulations not directly observable. Several criminological studies have used this methodology, and it is fair to say that typological theorizing has been spurred by its development. In particular, much of the empirical support for Moffitt's taxonomy (1993, 2006) is from studies using SPGM. In a small simulation experiment, I investigate whether SPGM is suitable for such tests, and I examine the extent to which similar trajectories might equally well result from mechanisms suggested by general theories. I conclude that, as it is usually applied, SPGM cannot provide evidence either for or against a taxonomy and that the usual findings can be explained by competing theories. I argue that this result is not only because of the methodology characteristics but also because of the modeling strategy applied.     

Circumnavigating de-Westernisation: Theoretical reflexivities in researching political communication in Africa

Abstract

Based on theoretical considerations in the course of the author's current research on the conducting of and changes in political campaign communication in post-1990 Cameroon, this article revisits central discourses on the de-Westernisation of communications studies and outlines culturally-nested theoretical considerations to comprehensively study the practices and changes in political campaign communication in Africa. The article argues that although drawing on supposedly ‘Western’ theories, overall the proposed theoretical considerations constitute an example of a more viable approach to de-Westernise communications theory. The considerations have strong potential to improve our understanding of political campaign communication practices and the changes they may effect in Africa, if they are incorporated into research and not discarded simply on the grounds of regional exceptionalism, as is predominantly the case in Africa.     

论构成要件理论的违法·有责行为类型说

日本刑法学中有关构成要件理论的违法.有责行为类型说是由小野清一郎在二战前提出的,二战后经过团藤重光定型说的阐发而成为一段时期内日本刑法学中的通说观点。但是这个学说受到了行为类型说、违法行为类型说的挑战,在刑法学中的影响已是大不如前。现在有学者,认为不同的学说都是以不同的机能期待为前提,学说之间并无优劣、高低之分。     

人民法院司法改革的基本理论与实践进程

人民法院司法改革是社会主义法治国家建设的重要组成部分。值此纪念改革开放三十周年之际,为了深入推进人民法院司法改革,促进中国特色社会主义司法制度的科学发展,我们有必要回顾三十年来人民法院司法改革的发展历程,梳理人民法院司法改革的思想理论与实践进程,总结人民法院司法改革的基本成就、经验与教训,并在此基础上展望新时期新阶段人民法院司法改革的前景和趋势。     

改革开放三十年我国法律本质理论的回顾

从20世纪70年代末期开始,中国进入了一个新的历史发展时期,中国社会内部的变革因素开始推动法理学和法律本质理论向前发展。法学界围绕法律的阶级性与社会性的相互关系,对法律本质进行了多视角、多层面的探讨,力图论证法律本质是正义性、阶级性、社会性和物质制约性的统一,主张用马克思关于阶级意志性和物质制约性相统一的原理、市民社会和政治国家相互关系的原理、法与法律关系的原理来深化和发展法律本质理论,建构与社会主义初级阶段相适应的、集自治性与开放性于一体的法律本质理论体系。     

Implicit Ingroup Favoritism,Outgroup Favoritism,and Their Behavioral Manifestations

Three broad themes that emerge from the social psychological research on unconscious or implicit prejudice and stereotypes are highlighted in this article. First, individuals who belong to socially advantaged groups typically exhibit more implicit preference for their ingroups and bias against outgroups than do members of socially disadvantaged groups. This research suggests that intergroup preferences and prejudices are influenced by two different psychological forces—people's tendency to prefer groups associated with themselves as a confirmation of their high self-exteem versus their tendency to prefer groups valued by the mainstream culture as a confirmation of the sociopolitical order in society. Second, these inplicit prejudices and stereotypes often influence people's judgements, decisions, and behaviors in subtle but pernicious ways. However, the path from implicit bias to discriminatory action is not inevitable. People's awareness of potential bias, their motivation and opportunity to control it, and sometimes their consciously held beliefs can determine whether biases in the mind will manifest in action. Finally, a new line of research suggests that implicit biases exhibited by individuals who belong to socially disadvantaged groups towards their own group may have unintended behavioral consequences that are harmful to their ingroup and themselves.     

Cross-national differences in female offending and criminal justice processing

The purpose of this study is to assess whether four key theoretical perspectives on female criminality—emancipation, economic marginalisation, net-widening, and modernisation—explain female representation in the criminal justice system equally well for both developed and developing countries and to assess whether the same factors that can explain women’s levels of criminal offending can also explain their representation in subsequent stages of criminal justice processing. Analyzing pooled data for 37 highly developed and 38 less developed countries from 2003 to 2013, the results provide support for modernisation, emancipation, and net-widening theories, but not for economic marginalisation theory. Emancipation and net-widening theories have more explanatory power for more developed countries than less and they can explain women’s representation at different levels of criminal justice processing.