论国际法强制执行的法理基础

国际法的强制执行具有充分的法理基础。国家意志是国际法强制执行的根据。强制执行规则的制定、措施的选择、执行或者放弃都由国家决定。强行法是国际法强制执行的规范基础。它要求国际法必须是可被强制执行的。相互原则是国际法强制执行的基本机制，通过剥夺违法国的权利的方式发挥作用。国际组织的制裁是国际法强制执行的集中机制，由国际组织集体决定并授权国家采取强制措施。     

A Cross-Cultural View of Adults’ Perceptions of Children’s Rights

This study examined how the need for autonomy may be coexisting with current cultural norms. A total of 264 U.S., 76 Swiss, and 51 British adults completed two perceptions of children’s rights surveys. The results showed that Swiss and British participants were significantly more likely to advocate for autonomy or self-determination rights than same-aged U.S. adults. British participants were also more likely to advocate for children’s self-determination rights than U.S. and Swiss participants, whereas Swiss adults were more likely to grant children nurturance rights than British and US adults. Generally, parents were less likely to advocate for autonomy than non-parents. The results are discussed in terms of individualism—collectivism, self-determination theories, and parentalism.     

CHILDREN'S AND PARENTS’ PERCEPTIONS ON CHILDREN'S PARTICIPATION IN DECISION MAKING AFTER PARENTAL SEPARATION AND DIVORCE*

This article outlines the views of children and parents involved in family law disputes, about the need for and appropriateness of children's participation in decisions regarding residence and contact arrangements. Ninety parents and 47 children (ranging in age from 6 to 18 years) who had been through parental separation, were interviewed. Both parents and children had a range of views about the general appropriateness and fairness of children being involved, but the great majority, particularly of parents, thought that children should have a say in these matters. Core findings of the study include the considerable influence that older children had over the arrangements either in the aftermath of the separation or in making further changes over time, and the higher stated need of children who had experienced violence, abuse, or high levels of conflict to be heard than those in less problematic and noncontested matters. Parents involved in contested proceedings supported the participation of children at a younger age than those who were not. There was a reasonable degree of agreement between parents and children about the need for children to be acknowledged and the value of their views being heard in the decision‐making process. Parents, however, expressed concern about the pressure and manipulation that children can face and exert in this process, whereas children were generally more concerned about the fairness of the outcomes, and maintaining their relationships with their parents and siblings.     

美国校园司法制度中陪审团问题的研究与启示

陪审团制度作为美国司法制度的重要组成部分发挥着重要的作用。在斯坦福大学《学生司法宪章》中，陪审团制度作为校园司法制度的核心，发挥着实践民主，实现公平的重要作用，它从校园陪审团成员的组成、陪审团制度的性质、陪审团工作的基本原则、陪审团的职责、证据证明标准及其裁决方式等方面保证了校园公平、公正、民主的实现，这些对我国当前高校学生处分程序制度的设计也具有一定的借鉴与启示意义。     

论医疗责任事故的刑事处罚

医疗责任事故是否可以用刑罚来处罚。这一直是人们争论的话题 ,在新刑法颁布之前。虽然有相当部分的学者持肯定意见。但坚持不能采用刑罚的方法制裁医疗责任事故的肇事者也大有人在。现在 ,新刑法的颁布 ,以持刑罚说观点的一派胜利而结束这场争论。医疗事故罪第一次在我国刑法典中出现 ,毕竟这是开天辟地的第一次 ,我国的司法工作者对这一罪名如何掌握尚经验不足 ,而且 ,由于纠纷原因 ,追究医疗事故肇事者刑事责任也存在许多障碍。因此 ,作者希望通过本文阐述 ,达到抛砖引玉的作用 ;促进国内学者对该罪名的研究 ,以使能够在司法实践中准确把握犯罪 ,打击犯罪 ,达到有效预防医疗纠纷的目的。     

法律制裁的历史回归

探寻法律制裁的起源并勾勒其演进脉络,不仅可以透视法律制裁的发生机理,而且可以把握法律制裁的发展规律。法律制裁在历史长河中,不仅有线性的流逝,而且有循环的转化;不仅有各种法律制裁方式产生与灭亡的烙印,而且有同种法律制裁方式由轻至重又由重转轻的轨迹。社会文明进步的标志之一就是法律制裁方式由严酷走向轻缓:从摧残生命的酷刑最终转向以补偿和定纷止争为内容的纠纷解决,从而使法律制裁回归历史的起点。     

民事制裁制度性缺陷评析

民事制裁是特殊时期的立法产物,也是法学理论不成熟的体现。这一制度表面上维护了法律的权威,但实际却与司法权的被动性、中立性相违背,以司法权威的丧失为代价。在民事制裁中,法院行使了行政权和个案中的立法权,违反分权制衡的法治原则。同时,民事制裁制度也不符合正当法律程序的要求,应在未来的民事立法中取消民事制裁。在被取消前,应以司法解释的方式限制民事制裁的适用。     

Police officers' perceptual distortions during lethal force situations: Informing the reasonableness standard*

Research Summary In 1989, the U.S. Supreme Court held that determinations about the constitutional appropriateness of police force usage—deadly or not—must be “judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Although the Court's ruling established a clear standard for judging officers' actions (i.e., the perspective of a reasonable police officer on the scene), we know little about the sorts of factors that might frame the perspective of reasonable police officers during situations in which they apply force. This article presents the results of a study that examined 80 police officers' detailed accounts of how they perceived what transpired during 113 incidents in which they shot citizens. Respondents reported experiencing a wide range of sensory distortions, with the vast majority of officers reporting two or more distinct sorts. This study takes these findings as a point of departure to expand our understanding of what constitutes a reasonable officer's perspective during the tense, uncertain moments during which he or she makes the decision to employ deadly force. Policy Implications Given that officers are likely to experience multiple distortions during shootings, the findings have implications for civilian and police oversight policies. In particular, those responsible for reviewing police shooting incidents should take into consideration that officers' behavior will not always be based on the objective reality of what is occurring at the time they decide to pull the trigger, but rather an altered conception of it. Such an understanding is crucial to improving the image of police in certain communities and positively impacting citizen trust of, and satisfaction with, the police.     

程序性裁判的实施规则——以非法口供排除为例

程序性制裁的实现,有赖于程序性裁判的实施;而程序性裁判的实施,又有赖于相关程序及证明规则的完善。在我国,按照司法裁判的规律,建立和完善程序性裁判的实施规则,已成为一项十分紧迫的任务。它既是落实我国已有的非法言词证据排除规则的当务之急,也是建构我国程序性制裁制度的重要任务。     

The integrity of the game: exploring attitudes of professional male athlete criminality#

It has been argued that sports act as a social institution in the United States, encompassing many network headlines and reports. Resulting from the popularization of sports entertainment has been an enhanced insight into the criminal behavior of professional athletes. This research sought to understand how the general public perceives alleged professional athlete criminality. Utilizing household mail surveys with residents in Pennsylvania, respondents rated the seriousness, wrongness, and punitiveness of alleged athlete criminality depicted in five different vignettes. Results indicated that the strongest predictor of attitudes between professional athletes and non-athletes was offense type; more specifically gambling, which this sample rated more serious and wrong for professional athletes compared to non-athletes. This indicated that alleged offenses that may be perceived as attacking the integrity of the sport may be viewed more harshly.