PATERNAL INCARCERATION AND CHILDREN'S RISK OF BEING CHARGED BY EARLY ADULTHOOD: EVIDENCE FROM A DANISH POLICY SHOCK*

In this article, we exploit a Danish criminal justice reform that dramatically decreased the risk of incarceration for individuals convicted of some types of crimes to isolate how having a father who was eligible for a noncustodial sentence under the reform affected a child's risk of ever subsequently being charged with a crime. Specifically, we use a difference‐in‐differences framework to compare all Danish children 12–18 years of age whose fathers were eligible for a noncustodial sentence instead of incarceration under the reform [N = 1,546] with a reference group of children whose fathers were convicted of similar crimes but were ineligible [N = 1,852] in the 2 years surrounding when the reform was enacted [July 1, 2000] as a way of testing the effects of the reform on children's risk of ever being charged with a crime by 22–28 years of age. Our estimates indicate that having a father sentenced under the reform sharply decreased the risk of being charged in the next 10 years for boys but not for girls. Taken together, these results indicate that both paternal criminality and paternal incarceration promote the criminal justice contact of male children and, hence, that paternal incarceration is not solely a symptom of criminality but also a cause of it.     

行政诉讼起诉、立案、受理问题研究

自从1990年10月1日,《中华人民共和国行政诉讼法》颁布施行以来,至今已经过了二十个年头.在这期间,我国的行政诉讼相关制度也从无到有、由缺至全的发展起来,现在正在逐渐的臻于完善,但是,如同任何处于新生代的事物所遭遇的到的情形一样,这个过程也是充满了疑辩和争论,但恰恰是疑辩和争论来创造一个砥砺、共进的平台.有必要以这样...     

商品房预售合同登记备案制度的再思考

1995年我国以立法的形式规定了商品房预售合同登记备案制度,但由于立法没有明确该制度的性质,并且对该制度法律条款设计得过于简单,从而引起理论层面不同的理解和实践层面对该制度操作的地方差异。结合纠纷现实,分析我国商品房预售合同登记备案制度相关法律法规的规定以及学者们的观点,并对比我国现行《物权法》的预告制度,重新对商品房预售合同登记备案制度进行制度价值定位,提出完善商品房预售合同登记备案制度的具体措施。     

From parish register to the “historical table”: The Prussian population statistics in the 17th and 18th centuries

This overview deals with the development of population statistics in Germany and Prussia, where different streams and trends in the field of statistics can be observed until the end of the 18th century: (1) the so-called university statistics (Staatenkunde); (2) political arithmetic; (3) table statistics; (4) “German Kameralia;” and (5) Prussian financial science. The most important sources for historical demographic research are the parish registers. In Germany, they start in the early or high Middle Ages as baptismal lists. In Prussia in the 16th century, parish registers consisted of entries and items of baptisms (births), marriages, and funerals (deaths). Based upon these parish registers at the end of 17th century in the Brandenburg Electorate, population lists were set up as registers or tables of population movement, as “general registers of the born, the married, the deceased, and the communicants.” Physicians and such Prussian medical authorities as the Collegium medicum and the Collegium sanitatis collected data about the causes of death and the longevity of human life (people more than 90 years old). In the course of 120 years during the 17th and 18th centuries, about 350,000 immigrants came to Brandenburg-Prussia. The Prussians developed excellent migration and census statistics in the form of historical tables. From the founding of the Prussian Office of Statistics in 1805 until its reorganization in 1809–1810, historical tables were set up using population statistics.     

农村土地承包经营权若干问题的法律思考

《中华人民共和国农村土地承包法》的颁布实施对长期缺乏相关法律直接调整的农地承包制来说,起到了积极的宣示和推进作用。但是,制订出来的承包法的性质与其立法宗旨有明显偏差。文章结合物权法草案中的相关规定,指出农地承包法在立法与实践中的不足,并提出相应的建议。     

Impacting the Political Landscape: Who Registers and Votes Among Naturalized Americans?

Little is known about the voting behavior of naturalized Americans, primarily due to a lack of good quality data on the national level. Using data from the Voting and Registration Supplement to the November 1996 Current Population Survey (CPS), we examine whether region of origin and length of time spent in the United States affect the likelihood of registering and voting among naturalized citizens, net of other socioeconomic and demographic factors already known to influence electoral behavior. We find that naturalized citizens who have a longer length of time at current residence and in the United States, and those who are older, with more education and higher income are more likely to register and vote. Region of origin is not a major explanatory variable, but there are differences in registering and voting by country of origin among naturalized citizens from Asia and Latin America. Finally, being registered is a necessary but not sufficient condition that predicts voting among naturalized citizens from Asia and from Latin America.     

不动产适用善意取得制度的限度

不动产登记簿的公信力和善意取得制度是两种构造迥异的物之交易信赖保护机制。善意取得制度以占有不足以充分表征动产所有权为构造前提,以竭力衡量所有权人与善意第三人的利益关系为轴心;不动产登记簿的公信力制度以不动产登记簿可以作为权利外观为构造前提,以完备的不动产登记制度为根基。善意取得制度的效果只能是第三人由无权利人取得物权;不动产登记簿的公信力所具有的效果不但有积极信赖保护与消极信赖保护之分,且其积极信赖保护的内容除由无权利人取得物权外,还包括由有权利人取得物权、受领给付、获得权利顺位等。因此,以善意取得制度保护不动产交易的便捷与安全,其局限非常明显。物权法第106条应限缩解释为主要适用于动产,不动产交易的信赖保护可通过解释物权法第16条来实现。     

物权登记对债权的妨碍及其补救--以房产买卖和抵押为例

在司法实践中,由于现实的和法律的障碍,物权登记对债权的实现往往存在严重的妨碍,表现在使债履行不能与效力阻却这两个方面,从而危及交易的安全,有违物权登记的初衷.因此有必要采取措施予以补救.     

MARRIAGE,IN‐LAWS,AND CRIME: THE CASE OF DELINQUENT BROTHERS‐IN‐LAW*

With marriage comes in‐laws, and if the in‐laws include delinquent males, their delinquency could affect the prosocial effects of the given marriage. In this article, I focus on the effect of having a convicted brother‐in‐law as a general indicator of this broader phenomenon of family‐formation processes impairing the positive impact of marriage on crime desistance. I use registry data on all men from birth cohorts 1965–1975 in Denmark (N = 69,066) to show that when a man marries, his new family ties to delinquent brother(s)‐in‐law do indeed hinder his criminal desistance. The results that take into account the characteristics of husbands, wives, their shared family‐formation process, and the criminality of male family members suggest that 1) family dynamics tend to keep criminality within family networks and 2) influences from one's broader social network through marriage are important for the protective effects of marriage. Analyses of previous conviction, co‐offending between a man and his brother‐in‐law, as well as analyses of in‐laws who reside in close proximity confirm the two mentioned main findings. In all, the findings reported in this article add to our understanding of the processes by which families are tied, and how these family‐formation processes influence men's behavior.     

加强检察机关立案监督工作之我见

重点在于剖析目前立案监督的基本情况,分析立案监督案件的特点.针对这项工作存在的不足和缺陷提出立法上的建议.并努力寻求司法实践中的解决途径。