“文革”前十年党对知识分子阶级属性的认识及其影响

1956年至1966年,是我国全面建设社会主义的十年,在这期间党对知识分子阶级属性的认定经历了正确、失误、调整、再失误这样一个曲折的过程。这一复杂的过程使我们国家损失了大量的人才,对社会风气产生了不良影响,使一批知识分子在他们创造的黄金时期没有做出应有的成就,造成了终生的遗憾。因此,我们应该认真地从中吸取教训:对知识分子阶级属性的认定上要严格按照马列主义原理来判断;要切实维护党内民主,使中央的决策建立在民主化、科学化的基础上,并保持相应的稳定性;不能将阶级斗争作为政治生活的主题。     

论农民专业合作社的财产权

农民专业合作社在我国农村有着蓬勃的发展态势。农民专业合作社作为法人应当具有法人财产权。此处的财产权是一个权利的集合,包括了物权、债权、知识产权和财产性利益等内容。但是有一些财产权,则因农民专业合作社权利能力的限制不能被其享有。     

谈我国刑法对共同犯罪的修订与完善

犯罪团伙包括犯罪集团和一般共同犯罪,犯罪集团是三人以上为共同实施犯罪而组成的较为固定的犯罪组织。聚众犯罪是一个和共同犯罪交叉的概念,即使聚众犯罪构成共同犯罪也不是犯罪集团。犯罪集团的首要分子对集团所犯全部罪行承担刑事责任,一般主犯则只对其参与、组织、指挥的全部犯罪承担刑事责任。对不同的共同的犯罪人采取不同原则,以体现罪责刑相适应的原则。     

The European Forum for Victim–Offender Mediation and Restorative Justice

The European Forum for Victim–Offender Mediation and Restorative Justice is a non-governmental organisation set up because European victim–offender mediation projects had seldom established contacts beyond national borders. Informal contacts revealed that practitioners, academics and policy makers were looking for a more regular exchange and mutual support in developing victim–offender mediation and other restorative justice practices. This article gives an overview of the background to restorative justice and victim–offender mediation, and pays attention to the development of the Forum, its current aims, objectives and activities, and other (policy) developments at a supranational level.     

论婚约解除的民事责任--从我国首例因征婚引出巨额财产纠纷案说起

婚约是男女双方将来缔结婚姻关系的法律行为 ,当事人虽不能基于婚约请求结婚 ,但其仍具有一定的法律效力。基于婚约发生的财产赠与关系 ,实质上是一种附条件的赠与行为 ,婚约解除后应依不当得利予以返还 ;一方擅自解除婚约或因他方过错解除婚约的 ,无过错方可请求损害赔偿。结合国内首例因征婚引出巨额财产纠纷案的分析 ,对上述理论给予了阐述。     

DOES WHAT POLICE DO AT HOT SPOTS MATTER? THE PHILADELPHIA POLICING TACTICS EXPERIMENT*

Policing tactics that are proactive, focused on small places or groups of people in small places, and tailor specific solutions to problems using careful analysis of local conditions seem to be effective at reducing violent crime. But which tactics are most effective when applied at hot spots remains unknown. This article documents the design and implementation of a randomized controlled field experiment to test three policing tactics applied to small, high‐crime places: 1) foot patrol, 2) problem‐oriented policing, and 3) offender‐focused policing. A total of 81 experimental places were identified from the highest violent crime areas in Philadelphia (27 areas were judged amenable to each policing tactic). Within each group of 27 areas, 20 places were randomly assigned to receive treatment and 7 places acted as controls. Offender‐focused sites experienced a 42 percent reduction in all violent crime and a 50 percent reduction in violent felonies compared with their control places. Problem‐oriented policing and foot patrol did not significantly reduce violent crime or violent felonies. Potential explanations of these findings are discussed in the contexts of dosage, implementation, and hot spot stability over time.     

BITING ONCE,TWICE: THE INFLUENCE OF PRIOR ON SUBSEQUENT CRIME LOCATION CHOICE

Properties, victims, and locations previously targeted by offenders have an increased risk of being targeted again within a short time period. It has been suggested that often the same offenders are involved in these repeated events and, thus, that offenders’ prior crime location choices influence their subsequent crime location choices. This article examines repeated crime location choices, testing the hypothesis that offenders are more likely to commit a crime in an area they previously targeted than in areas they did not target before. Unique data from four different data sources are used to study the crime location choices of 3,666 offenders who committed 12,639 offenses. The results indicate that prior crime locations strongly influence subsequent crime location choices. The effects of prior crime locations are larger if the crimes are frequent, if they are recent, if they are nearby, and if they are the same type of crime.     

An integrated case formulation approach in forensic practice: the contribution of Occupational Therapy to risk assessment and formulation

Forensic services focus on risk reduction and extol the value of multidisciplinary working. Due to the complex relationship of personality disorder and risk, a multidisciplinary approach to risk assessment, formulation, management and reduction is essential. Occupational Therapists provide a unique perspective; however, current literature pertaining to the contribution of Occupational Therapy is negligible. This paper aims to initiate discussion of the value of Occupational Therapy contributions to risk assessment and formulation with personality disordered offenders. A new approach is described that integrates occupational adaptation and multiple sequential functional analysis to provide a structured framework for Occupational Therapy risk assessment and formulation. A single case report is presented to demonstrate the advantages of the approach for identifying offenders’ strengths and difficulties, predicting risk of reoffending, identifying offence paralleling behaviour and informing and evaluating efficacy of intervention, thereby supporting the aims of forensic practice settings to assess, manage, treat and reduce risk.     

Exploring the criminal histories of stranger sexual killers

Although sexual homicide is receiving increasing research attention, few studies have examined the criminal histories of sexual killers in any detail. This study examined the criminal histories of 81 British stranger sexual killers to determine whether they were generalist, specialists or both and whether their criminal histories reflected violent, sexual, marginality and over control pathways. Results found most stranger sexual killers were generalist offenders and sexual homicide was part of a varied criminal repertoire and non-sexual crimes predominate. This ‘antisocial orientation’ means future offending may not be limited to sexual violence. Criminal histories reflected the violent, sexual, marginality and over control pathways, but offenders in the violent pathway were more criminally orientated. The clinical and investigative implications of these findings were considered as they suggest knowledge of the criminal histories of stranger sexual killers is an important consideration for criminal justice professionals.     

“Keeping Children Safe”: the Child Sex Offender Disclosure Scheme in Scotland

Abstract

This article describes the Child Sex Offender Disclosure Scheme in Scotland known as Keeping Children Safe (KCS), and the wider community engagement strategy developed by the charity Stop it Now! Scotland. The author coordinated the disclosure scheme on behalf of Police Scotland from November 2011 to March 2014. He is employed by Stop it Now! Scotland as a project officer. In 2011, Stop it Now! Scotland took over responsibility for the coordination of the KCS scheme from the Police. This work is embedded within a community engagement strategy known as the Upstream Project. The Upstream Project provides information to “community-facing” agencies to use in their interface with groups or individual adults in the community. To achieve this, a prevention toolkit was developed which includes a range of practical information and resources which adults can use to identify potential risk and take steps to prevent sexual abuse from occurring.