我国合同能源管理的立法现状及前瞻

合同能源管理是在西方发达国家发展起来的一种基于市场运作的全新的节能机制,我国政府运用了大量的政策工具来推动合同能源管理机制的应用,但该机制仍然欠缺硬法的保障,这成了制约其发展的最主要的原因。有必要对此单独立法,设计出符合我国国情的法律规范,对节能服务企业实行资质管理,并通过立法明确能源管理合同当事人及参与人的权利义务关系,明确必须节能的部门和行业,完善相关的税收、能耗奖惩等制度和政策,为合同能源管理机制服务。     

Finkelhor's precondition model of child sexual abuse: A critique

Abstract

This paper critically discusses an extremely influential multi-factorial theory of child molestation, Finkelhor's Precondition Model. This model was one of the first comprehensive theories of the sexual abuse of children and represents a significant achievement. It provides a clear framework for approaching the study of men who have sexually abused children and has lead to both clear treatment goals and clinical innovations. It has rarely, however, been systematically critically examined and the cogency of its core constructs evaluated. Our analysis suggests that alongside its strengths, Finkelhor's Precondition Model has some conceptual problems. It suffers from vagueness; contains overlapping constructs; and a rich array of vulnerability factors that require teasing out and clarification. The model's attempts to provide a taxonomy highlight the diversity inherent in child sexual abuse, but it has not yet provided a structure to adequately inform treatment.     

中国行政诉讼的历史、现状与展望

我国行政诉讼制度是在实行改革开放政策以后，随着社会主义商品经济和民主政治的发展而逐步建立起来的。行政诉讼制度的建立，既是顺应时代的需要，也是历史发展的产物，同时还有一个逐步建立和发展的过程。行政诉讼法实施以来，人民法院受理案件数量总体保持增长势头，受理事项涉及几乎所有行政管理领域，新类型行政案件不断出现并被人民法院受理、审理和裁判，基本实现了监督行政和保护权利的双重目的。但也存在受案范围的规定未普遍实现，原告告状难、立案难，原告胜诉率不高，判决规定未全面遵循，行政诉讼法一些规定流于形式等问题。行政诉讼制度运行所必需的一些条件尚未充分具备，这决定了近期的修改只能是精细化和非终极性的。     

Reviews

Books reviewed:
Ibbetson A Historical Introduction to the Law of Obligations
Ripstein Equality, Responsibility and the Law
Rubio-Marin Immigration as a Democratic Challenge: Citizenship and Inclusion in Germany and the United States     

刑事赔偿程序的理性思辨

刑事赔偿程序是国家赔偿责任的实现过程,更是受害人的权益得到救济或恢复的途径,其科学与否直接决定着赔偿请求人的权利能否实现以及如何实现.缺乏程序保障的权利谈不上真正的权利.现行程序设计不但没有给申请人实现救济、参与赔偿决定的作出提供便利,反而成为申请人实现请求权的障碍.完善刑事赔偿程序:一要取消确认程序,改确认违法和具体赔偿合二为一;二要采用诉讼形式.     

防治中小学教师对学生性侵犯的措施研究

教师,被称之为"人类灵魂的工程师",他的言行举止,会直接或间接地对学生的身心健康和成长产生重要的影响。然而,随着社会转型向纵深发展,社会文化和人们的价值观都趋向多元化,以及教师职业道德的逐渐滑坡,近年来有关教师体罚、残害,甚至强奸学生等问题屡屡见诸报端,中小学教师对学生的性侵害呈现逐年上升趋势。只有认真分析中小学教师对学生实施性侵害的特点与犯罪原因,才能对如何防治教师对学生的性侵害提出对策措施。     

Childhood Sexual Abuse and Intimate Partner Violence among Women in Methadone Treatment: A Direct or Mediated Relationship?

Women in substance use treatment report rates of childhood sexual abuse and intimate partner violence that far exceed those reported by women in the general population. Previous research with nonrandom samples of women in substance use treatment suggests that there is a statistically significant relationship between childhood sexual abuse and intimate partner violence; however, little is known about the mechanisms of risk between these two public health concerns among this population of women. To address this gap in knowledge and to inform intervention strategies, this study examined direct and mediated relationships between childhood sexual abuse and intimate partner violence risk among a random sample of 416 women in methadone treatment. In addition to high rates of childhood sexual abuse (57.9%), intimate partner violence (lifetime prevalence, 89.7%; 6-month prevalence, 78.4%), posttraumatic stress disorder (PTSD, 28.6%), and global psychological distress (19.5%), findings suggest that the relationship between childhood sexual abuse and intimate partner violence is mediated by mental health problems and that women experiencing PTSD or global psychological distress are 2.7 and 2.4 times more likely to experience intimate partner violence than women without such experiences, respectively. Although not a mediator in this relationship, financial independence reduced women's risk of partner violence by two-thirds. The paper includes discussion of social learning and stress and coping theories to explicate the findings and to inform intervention strategies. This study is based, in part, on the first author's dissertation. A previous version of this paper was presented at the Society for Social Work and Research Annual Conference held in January 2005 in New Orleans, Louisiana. The following grants provided funding for this study: R01DA11027 and 3T32MH014623-22S1.     

Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

我国军婚特殊保护制度的困境与出路

目前我国军婚的特殊保护制度实际上是革命年代立法思想在现代社会的一种继续。它通过限制非军人一方的权利和自由的方式来实现对军人利益保护,有悖于现代法律精神,又导致了婚姻双方权利义务补偿的错位和利益分配的不公,因此,必须本着务实的态度对现有的军婚制度进行必要的改革和重构。     

Alcohol and Parasomnias: The Statistical Evaluation of the Parasomnia Defense in Sexual Assault,Where Alcohol is Involved

Sleep sex may be a defense for alleged sexual assault. The International Classification of Sleep Disorders (ICSD3) states: “Disorders of arousal should not be diagnosed in the presence of alcohol intoxication… The former [alcohol blackouts] are exponentially more prevalent.” A panel member of ICSD3, quoting ICSD3 asserts: “alcohol intoxication should rule out a sleep-walking defense”. This implies extremely strong support for a prosecution hypothesis (H_p) over a defense hypothesis (H_d). I use Bayesian methodology to evaluate the evidential probity of alcohol intoxication. The likelihood ratio, LR, measures the amplification of prior odds of guilt, . By Bayes' theorem, . I use data from cross-sectional studies of sexual assault and prevalence of alcohol use, in college students, with data from longitudinal studies, and data from the epidemiology of parasomnias to evaluate LR (alcohol). LR ~1.5 or 5, depending whether alcohol does, or does not, increase the risk of parasomnias. The proposition of extremely strong support for H_p implies a LR ~1,000,000, so the proposition in ICSD3 is not supported by formal analysis. The statistical reasoning in ICSD3 is unclear. There appears to be inversion of the Bayesian conditional (confusing intoxication given assault, and assault given intoxication) and failure to evaluate alcohol intoxication in H_d. Similar statistical errors in R. v Sally Clark are discussed. The American Academy of Sleep Medicine should review the statistical methodology in ICSD3.