Historical political economy and liberal democratic capitalism

This paper explores the ways in which pregnancy is increasingly portrayed as a state requiring careful and detailed risk prevention. The subject of risk reduction in not the pregnant woman; the effort here is not to reduce maternalrisk during pregnancy, but rather to reduce possible risks to the foetus due to maternal behaviour.

The deployment of risk discourse regarding foetal endangerment through maternal diet, exercise, lifestyle choices and personal habits is investigated using popular advice manuals directed at pregnant women. Through an examination of these materials, connections are made between the use of this ‘risk talk’ in prenatal advice to pregnant women and a larger practice of ‘self-regulation’ that occurs in advanced liberal rule.     

Criminal Court-Ordered Psychiatric Evaluations:Does Gender Play a Role?

This study examines potential gender differences among defendants referred by criminal courts for psychiatric evaluations by analyzing demographic, clinical, and criminal history variables and evaluation findings. This study offers a large sample size of 718 females, as well as 3,627 males. Bivariate logistic regression and heterogeneity analyses were utilized to assess potential differences. Females were older; diagnosed more with mood, anxiety, and borderline personality disorders; less likely to have prior felony convictions; and more likely to be in the community than jail at the time of the evaluation. In addition, when controlling for other factors, females were more likely to be evaluated as having a mental disease or defect, to need hospitalization pending trial, and to be incompetent to stand trial.     

完善农村社会养老保险政府责任机制的探讨

新型农村社会养老保险制度的政府责任存在不少问题,表现在农民养老的历史债务偿还机制、农民参保激励机制、基础养老金调整约束机制、不同层级间政府财政责任约束机制、政府养老金最低待遇承诺机制和补偿机制度、隐形成本的化解机制缺失等方面,因此,需要构建政府责任供给机制,不断完善农村社会养老保险制度。     

Female juvenile murderers: Biological and psychological dynamics leading to homicide

The increasing involvement of girls under 18 in violent crime has been a matter of growing concern in the United States in recent years. This article reviews the arrests of female juveniles for violent crime and then focuses specifically on their involvement in homicide. Arrests of girls for murder, unlike arrests for assault, have not risen over the last 30 years, suggesting that the dynamics that propel female juveniles to engage in lethal violence differ from those contributing to assaultive behavior by this same group. A review of the literature indicates that theories as to why female adolescents kill do not take into account recent scientific findings on brain development and the biological effects of early trauma in explaining serious violent behavior by girls. Three cases, evaluated by the authors, involving female adolescents charged with murder or attempted murder, are presented. The authors focus on the biological and psychological dynamics that help explain their violent behavior. They discuss the effects of insecure attachment and child maltreatment, and trace a critical pathway between these early experiences and future risk of violent behavior. The dynamics of child maltreatment in fostering rage and violence are discussed thereafter in terms of offender accountability. The article concludes with a discussion of treatment and recommendations for future research.     

Psychopathy and instrumental aggression: Evolutionary, neurobiological, and legal perspectives

In the study of aggression, psychopathy represents a disorder that is of particular interest because it often involves aggression which is premeditated, emotionless, and instrumental in nature; this is especially true for more serious types of offenses. Such instrumental aggression is aimed at achieving a goal (e.g., to obtain resources such as money, or to gain status). Unlike the primarily reactive aggression observed in other disorders, psychopaths appear to engage in aggressive acts for the purpose of benefiting themselves. This is especially interesting in light of arguments that psychopathy may represent an alternative life-history strategy that is evolutionarily adaptive; behaviors such as aggression, risk-taking, manipulation, and promiscuous sexual behavior observed in psychopathy may be means by which psychopaths gain advantage over others. Recent neurobiological research supports the idea that abnormalities in brain regions key to emotion and morality may allow psychopaths to pursue such a strategy—psychopaths may not experience the social emotions such as empathy, guilt, and remorse that typically discourage instrumentally aggressive acts, and may even experience pleasure when committing these acts. Findings from brain imaging studies of psychopaths may have important implications for the law.     

破产管理人义务和责任探析

准确界定破产管理人的法律地位是确定破产管理人义务的必要理论前提。通过对破产管理人法律地位各种学说的分析,笔者认为破产管理人的法律地位应定位于受托人,并在此基础上认为破产管理人义务是公司董事义务在破产法中的延续,其内容也包括勤勉和忠实两项。破产管理人违反义务在商业判断规则豁免之外应采用过错归责原则。     

主诉检察官办案责任制度研究——以海盐县人民检察院的实践为例

作为深化公诉权的重要内容,主诉检察官办案责任制度的推行实践具有复杂性、多样性,这一制度的推行所带来的效应及产生的困惑随着实践的深入而不断的显现,有待全面分析和解决。     

论犯罪低龄化与刑事责任年龄制度改革

追溯中国古代刑事责任年龄的立法沿革,研究国外及港澳台地区刑事责任年龄的阶段划分,对于更好地改革完善我国刑事责任年龄制度有着重要的借鉴意义。当前,针对未成年人犯罪低龄化趋势,适当降低刑事责任年龄既十分必要,又不失为一种有效的对策。     

论高空抛物侵权行为

随着城市建设的发展,高层建筑迅速增多,与此同时高空抛物伤人毁财．甚至致人伤残或死亡的案件越来越多,但我国目前在立法上对致害人不明的高空抛物侵权行为并朱有明确规定。高空抛物侵权行为是一种独立的侵权行为．在不能确定谁为抛掷人时,将责任主体确定为建筑物的所有人,追究众多住户的赔偿责任,在责任形式上采用按份责任更为妥当。     

生态文明建设的法制思考

完善生态立法体系是生态文明法制建设的前提,提高公众生态环保的法制意识,是生态文明法制建设的重要环节,加强对生态环境保护执法机关执法能力的建设是生态文明法制建设的关键,在广度和深度上,加大对个人环境违法行为法律责任的追究是生态文明法制建设的保障。