试析表见代理制度

表见代理是基于本人的过失或本人与无权代理人之间存在特殊关系,使相对人有理由相信无权代理人享有代理权而与之为民事法律行为,代理行为的后果由本人承受的一种特殊的无权代理。法律设立表见代理制度旨在保护善意相对人的合法权益,维护交易安全,建立安全、高效的经济运行机制。本文通过对有关表见代理构成要件学说的阐述,对我国表见代理制度的内涵、构成以及具体实践操作进行了进一步探讨。     

Differences in suggestibility between 5–6 and 10–11 year olds: The relationship with self confidence

Abstract

Differences in suggestibility and recall between 5–6 and 10–11 year olds were investigated. It was hypothesized that younger children would be more suggestible than older children and that differences in self confidence between older and younger children would influence these differences. It was also predicted that older children would recall more information than younger children, and that this age difference would be less strongly influenced by self confidence. Forty-one 5 and 6 and fifty-six 10 and 11 year olds were interviewed about a video they had witnessed. Several factual and misleading questions were asked, and the percentage of correct answers to the factual questions (to measure recall) and the percentage of incorrect answer to the misleading questions (to measure suggestibility) were calculated. The level of self confidence of the children was measured with six items of the Behavioural Academic Self Esteem Scale (BASE), reflecting self confidence. The outcomes supported the hypotheses: Younger children were more suggestible than older children and this difference disappeared when controlled for self confidence. Older children gave mere information about the event than younger children, and these age differences were, to much less extent, influenced by their self confidence.     

EXPLAINING THE ACADEMIC PERFORMANCE‐DELINQUENCY RELATIONSHIP*

We use data from the National Education Longitudinal Survey to examine the relationship between academic performance and delinquency. We estimate the effects of grades in tenth grade on delinquency in twelfth grade, and then introduce controls for social bonds and self‐control (teacher‐rated effort). The findings indicate that the feedback that adolescents receive in the form of grades does not affect their delinquent behavior, that academic performance and delinquency have instead a spurious relationship. Our evidence suggests that this relationship is attributable primarily to the effects of individual differences in self‐control, not to those of social bonds.     

COMPARING DELINQUENCY CAREERS IN COURT RECORDS AND SELF‐REPORTS*

Most knowledge about delinquency careers is derived from official records. The main aim of this paper is to compare conclusions about delinquency careers derived from court referrals with conclusions derived from self‐reports. Data are analyzed from the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Annual court and self‐report data were available from age 11 to age 17 for eight offenses. The prevalence of offending increased with age, in both court referrals and self‐reports. There was a sharp increase in the prevalence of court referrals between ages 12 and 13, probably because of the reluctance of the juvenile justice system to deal with very young offenders. The individual offending frequency increased with age in self‐reports, but it stayed constant in court referrals, probably because of limitations on the annual number of referrals per offender. There was significant continuity in offending in both court referrals and self‐reports, but continuity was greater in court referrals. The concentration of offending (and the importance of chronic offenders) was greater in self‐reports. An early age of onset predicted a large number of offenses in both self‐reports and court referrals. However, an early onset predicted a high rate of offending in court referrals but not in self‐reports, possibly because very young offenders who were referred to court were an extreme group. About 37% of offenders and 3% of offenses led to a court referral. The more frequent offenders were less likely to be referred to court after each offense, but most of them were referred to court sooner or later. There was a sharp increase between ages 12 and 13 in the probability of an offender and an offense leading to a court referral. It is concluded that criminal career research based on self‐reports sometimes yields different conclusions compared with research based on official records.     

学生同居受处分的法律思考——论学校自主管理权保障与学生合法权益保护之谐调

近年来,学校成为被告的频度不断增高,学校在很多争议中成为社会关注的焦点。实际上,争议的核心在于学校的自主管理权问题。笔者认为,依法维护学校的自主管理权是非常重要的。而学校自主管理权的基本内涵是:学校的管理活动,不违法即合法。通过对学生同居受处分这一典型案例的剖析,笔者提出了实现对学校自主管理权保障与学生合法权益保护之谐调的期待。     

玛雅·黛润的电影三部曲与女性意识的觉醒

玛雅·黛润被誉为美国地下电影之母.她的电影三部曲<下午的罗网>、<梦中>与<变形时间中的仪式>从独特的女性视角出发,对于女性的"纳卡索斯"自我进行深层探索,抒发职业女性受到外界环境漠视的痛苦感受,寻找现代女性在当今社会中的生活与精神出路,不仅在题材与形式上为美国先锋派电影开辟了道路,而且还发出了女性主义的呼声.     

文化中的人格与自我

心理学的研究长期排除了化的影响，化进入心理学首先是以“人格”作为契入点的。“人格”被假定为不变的实体，是作为客体在化中存在的，不能全面阐释化与人的关系。“自我”则是动态的和开放的存在，与化交互作用，是作为主体在化中存在的，在本质上揭示了化与人的关系。     

The Echo of Tlatelolco in Contemporary Mexican Protest Poetry

The shooting of a student demonstration in La Plaza de las Tres Culturas in the Tlatelolco district of Mexico City on 2 October 1968 has been the subject of many literary works, among which the Tlatelolco poetry addresses not only the event itself but also the aftermath of the massacre. Both approaches examine the relationship between the 'yo'/'nosotros' and 'ellos' constructs, focusing on the 'nosotros' construct as the result of this interaction. The following analysis of this process is based on the theory of self and Other, especially René Girard's theory of the mimetics of violence and the process of scapegoating as a basis for the relationship between the individual and society within the context of a violent conflict.     

Relationship Between Self‐Injurious Behaviors and Levels of Aggression in Children and Adolescents Who Were Subject to Medicolegal Examination,

Aggression, which is defined as a behavior causing harm or pain, is a behavioral pattern typically expected in children and adolescents who are involved in criminal activities. The aim of this study was to examine the relationship between aggression and self‐injurious behavior (SIB) in children and adolescents. The study was performed in 295 cases which were sent for medicolegal examination. The mean age of the subjects was 14.27 ± 1.05 years (age range 10–18 years). The aggression levels of the subjects were determined using the Aggression Questionnaire (AQ), which is an updated form of the Buss‐Durkee Hostility Inventory. The mean total AQ score of the subjects with and without SIB was 78.04 ± 21.0 and 62.75 ± 18.05, respectively (p < 0.01). There were significant statistical differences between the two groups with respect to their subscale scores (p < 0.01). It was concluded that the levels of aggression increased in children and adolescents who were involved in criminal activities when the SIBs increased.     

Hesitation Wounds and Sharp Force Injuries in Forensic Pathology and Psychiatry: Multidisciplinary Review of the Literature and Study of Two Cases

The aim of this paper was to showcase the significant diagnostic value of hesitation wounds in terms of forensic, psychiatric, and medicolegal interest. A number of studies were reviewed to update and summarize the relevant literature on the incidence, distribution, character, and function of hesitation wounds as well as the sociodemographic variables and psychopathology of the inducers. This study also investigates their importance as a forensic criterion in the distinction between suicide and homicide as well as a psychiatric diagnostic tool in suicide prevention. In addition, the paper reports two new cases. Results conclude that there is equal incidence, but different distribution of hesitation wounds between genders. Furthermore, the low dispersion of hesitation wounds contrasts with the high dispersion of defense wounds. The inducers' psychopathology lies principally in Axis I disorders. Finally, there is a comprehensive analysis of non‐suicidal self‐injury and the role of self‐wounding in suicide prevention.