On the Typo-Construction of Tort Capacity of Minors

The system of liability for damage caused by minors has always been a difficult problem in the field of the civil law, and there are also major disputes during the drafting of the tort liability law and civil code. The core of the liability system of the damage caused by minors lies in the system of the tort capacity of minors, which depends on the internal value system that the legal system aims to realize. Since the publication of the General Principles of Civil Law(1986), the Chinese tort law has completely denied the responsibility capacity of minors, so that their guardians should bear the legal responsibility. Although this legislation mode has realized the value of fully protecting the interests of victims and minors, it does not take into account the value pursued by other modern tort laws. The new research results in jurisprudence, psychology, anthropology, sociology, pedagogy and economics point out that the capacity of minors should be further classified according to their age, that is to say, into absolute incapacity and relative incapacity. Only in this way many values pursued by the modern civil law systems can be balanced,such as preventing damage,compensating victims,cultivating minors,and encouraging parents to bear and raise children.     

我国未成年人监护立法的不足与完善

长期以来,有关监护问题在我国并未受到足够的重视,法律现有的规定也过于笼统,已经不适应新时期我国社会关系特别是家庭关系发展的需要。特别是在未成年人监护方面存在着监护内容不具体、监护种类不全面、监护产生的程序不明确、监护监督制度未建立等许多问题,我们应以民法典的制定为历史契机,全面完善我国未成年人监护制度。     

未成年人爱国主义教育切入点探析——从爱父母做起

爱国主义教育是我们国家现阶段加强未成年人思想道德建设的首要任务。但爱国主义教育必须要坚持贴近实际、贴近生活、贴近未成年人的原则,寻找一个科学的切入点,那就是从爱父母做起。     

宁夏违法犯罪未成年人矫正现状与改革思路

在社会管理创新的时代背景下,违法犯罪未成年人的矫正问题进一步引起社会的普遍关注。在对宁夏违法未成年人矫正状况调查的基础上,提出对违法犯罪未成年人规定更多形式的处分措施,限制监禁刑,特别是发展以社区为基础的处分措施,这对于违法未成年人的社会化、减少刑事处分措施的适用、预防未成年人犯罪具有十分重要的意义。     

An Examination of Factors Influencing Illegal Tobacco Sales to Minors

SUMMARY

This study examined factors that influence illegal tobacco sales to minors, such as buyer, clerk, and store characteristics. Thirty-seven youths made 314 attempts to purchase tobacco in 11 towns in Illinois. Purchase attempts were made from over-the-counter and vending machine vendors. Multilevel multivariate logistic regression analyses, which controlled for town clustering effects, were run to determine predictors of illegal sales to minors. Findings revealed that the strongest predictors of selling cigarettes illegally to minors were clerks' failure to ask a minor for age or identification. The implications of using multivariate methods to identify factors influencing illegal tobacco sales are discussed.     

城乡未成年人互联网运用状况比较研究

互联网作为一种集搜索引擎、沟通交流、休闲娱乐等于一身的常用工具,受到了广大未成年人的极大喜爱。本文在《2013中国未成年人互联网运用状况调查》基础上,探讨并分析了城乡未成年人在触网情况、上网途径、上网时间、常用功能、常用网站等方面运用互联网的具体情况。统计结果显示,城乡未成年人在上网率、家庭上网情况、上网地点、首次触网年龄、上网时长等方面存在着一些差异性;在上网频率、常用网络功能、常用网站、最熟悉的网站、最熟悉的导航网站等方面也存在着一些相同点。结合上述统计数据,文章接下来分析了城乡未成年人互联网运用中存在的问题,并提出了针对性的对策建议。     

刑事审前程序中未成年人诉讼权利的缺失及完善

对未成年人的诉讼权利进行专属立法,构建专门的刑事审前程序,己成为世界各国的通则。刑事审前程序作为未成年嫌疑人涉入刑事司法程序的第一道门槛,对其进行深层次的剖析和进一步的完善,对于促进我国少年司法制度的进步有着十分重要的意义。     

Examining Risks for Minors Participating in Tobacco Purchase Attempts

SUMMARY

This study aimed to provide empirical evidence to support previous research that participation in tobacco purchase attempt (TPA) procedures does not negatively impact minors' desire to initiate smoking habits or their willingness to discuss the dangers of smoking with peers and adults. Twenty-eight minors, who participated in TPAs, were compared to a group of eleven minors regarding whether or not they were smokers, whether or not they tried to get peers or adults to quit smoking, whether or not they tried to discuss with peers and adults about the dangers of smoking, and their perceptions of how easily it is to obtain tobacco products. Results demonstrated none of the minors in the TPA group initiated smoking, and there were not significant differences on most indicators regarding the frequency in which minors discussed the dangers of smoking with peers and adults. Minors in both groups perceived that they could easily obtain tobacco products. The findings suggest that participation in TPAs does not adversely affect minors' intentions to smoke or their desire to initiate discussions about the dangers of smoking with peers and adults.     

An Assessment of the Relationship Between the Quality of School-Based Tobacco Prevention Programs and Youth Tobacco Use

SUMMARY

This study presents data from an assessment of substance use prevention programs in 23 elementary and middle schools in northern and central Illinois. The quality of prevention programming was assessed based on program intensity, focus on tobacco, staff resources designated for prevention programs, and implementation of the Centers for Disease Control and Prevention recommendations for tobacco prevention. Data from these four dimensions were used to calculate a Quality Index Score. Multilevel logistic regression analysis was used to assess the relationship between individual level variables, school level variables and the outcomes of reported current tobacco use, intent to use tobacco in the coming year, and perceived efficacy of substance use prevention programs. No significant effects were found, indicating that exclusive use of even high quality school-based prevention programs may not be sufficient in changing youth behavior. However, school-based prevention programs may be an important component of a broader ecological approach that uses multiple, community-wide strategies to promote normative change.     

未成年人犯罪非刑罚化处理的原因

刑罚观念的转变和对刑罚功能局限性的认识,刑罚谦抑性以及刑罚经济思想成为对未成年人犯罪实行非刑罚化处理的理论溯源;宽严相济刑事司法政策是对未成年人犯罪实行非刑罚化处理的现实根基和强劲支撑;未成年人犯罪的特殊性决定了对未成年人犯罪实行非刑罚化处理的必要性.