试析我国刑法中的严格责任理论

我国刑法理论中,关于严格责任有若干代表性的观点。英美刑法中的严格责任应该从实体和程序两方面来理解;虽然我国目前的司法实践中尚不存在真正的严格责任制度,但是结合我国刑法的具体背景,其实严格责任是能够为我国刑法所包容的。在我国刑法制度中,无论从可能性还是必要性看,其都应该有一席之地。其本质为一种推定过错责任,注意义务是其中的关键问题。     

基于灰色理论的青少年犯罪预测模型及其应用

用灰色系统理论中的灰色预测方法对青少年犯罪进行趋势预测。根据某地区统计资料建立灰色动态数列预测模型,对该地区未来几年青少年犯罪进行预测研究,通过算例可知,预测结果是令人满意的。     

From apathy to obsession: the reactions of A. K. Chesterton and the British far right to imperial decline

ABSTRACT

Mulhall sets out to explain how, contrary to what one might expect, imperial decline was rarely a pressing issue for the British far right, usually falling below both the perceived threats of Communism and immigration on their list of priorities. By first explaining these unexpected findings and then placing them in an international comparative context, new evidence emerges that supports those imperial historians who subscribe to the ‘minimal impact’ orthodoxy regarding the effect of empire on the metropole. In addition, however, those aspects of the radical right that did concern themselves with imperial decline, namely A. K. Chesterton and the League of Empire Loyalists, are explored in depth, revealing a peculiarly British form of conspiratorial antisemitism that blamed imperial decline on secret Jewish power. This strand of conspiracy thinking, best articulated by Chesterton, is traced back to its origin so as to illuminate the continuity of ideas and ideologies between the interwar and post-war periods within the British far right. The result is an article that contributes to several existing historiographical debates and provides an exploration of a less well-known aspect of the work of A. K. Chesterton and conspiratorial antisemitism more generally.     

关于公安组织结构创新的理论思考

公安组织结构是公安工作中形成的权责关系的架构体系。我国公安组织属于直线一职能制结构类型,随着社会的发展,这种结构化缺陷形成的弊端日益凸显,解决这些弊端的有效途径就是开展公安组织结构的创新。公安组织结构创新应以权力配置、绩效管理和激励系统作为切入点,公安队伍的正规化建设是公安组织结构创新的具体应用。     

Thriving on the Edge of Chaos: An Alternative Explanation to the Management of Crisis in Malawi's Decentralization Program

After Malawi adopted a multiparty system of governance in 1994, the country went about setting institutional frameworks that would promote good governance and democratic principles. Among other things these were to create strong local institutions that would promote local development participation and accountability and enhance delivery of services. . However, the transformation of the local assemblies posed a very serious challenge to manage. It is not surprising therefore that more than 10 years after initiating the changes, several studies have concluded that the decentralization process in Malawi is hugely disappointing. The situation in most local assemblies has almost reached the crisis point and is seemingly unredeemable. Despite this chaotic and complex scenario, the decentralized local assemblies still continue to deliver their services to the public, though with some reservation. This article utilizes the Chaos and Complexity theory in order to explain why the decentralized sector still manages to survive and show resilience despite the great challenges it encounters. Ultimately, through chaos and complexity theories, the article provides the framework for understanding the change management process in the assemblies which has not been explored adequately in previous studies. The article recommends that when introducing interventions in transitional systems such as decentralization programs, special recognition should be given to emerging dynamic and evolving occurrences that are beyond the control of policy makers.     

The measurement and influence of child sexual abuse supportive beliefs

Abstract

The identification of offence-related cognition is a major target of most cognitive–behavioural treatment programmes for sexual offenders, and a number of measures are available for this purpose. This study assessed the psychometric properties of a brief measure of beliefs that support and justify child sexual abuse: the Sex With Children (SWCH) scale. Factor analysis revealed two distinct types of belief: that sex with children is harmless, and that children actively provoke adults into having sex with them. The SWCH was also found to have good internal consistency, test–retest reliability and concurrent validity. Child molesters scored significantly more highly on the SWCH than did rapists or non-offenders, and high-risk child molesters reported more entrenched offence-supportive beliefs than lower risk child molesters. A relationship was also observed between general offence-supportive beliefs as measured by SWCH and offence-specific cognitions ascribing responsibility or enjoyment to the offender's victim. The SWCH subscales appeared to closely match two of the implicit theories hypothesized by Ward and Keenan (1999 Ward, T. and Keenan, T. 1999. Child molesters’ implicit theories. Journal of Interpersonal Violence, 14: 821–838. [Crossref], [Web of Science ®] , [Google Scholar]) to be related to child molestation. Sex offender treatment providers need to be aware of the relationship between underlying implicit theories and offence-specific distorted cognitions about the victim's experience.     

Developing a rhetorical analysis of racist humour: examining anti-black jokes on the Internet

Racist humour is frequently the subject of media and public debate in relation to issues of offence and acceptability. Despite this, little has been done to analyse it or its relationship to other forms of racism. I argue that an analysis of racist humour needs to account for the rhetorical structures of humour – to consider humour as a rhetorical device similar to metaphor or metonym – that has a persuasive potential. Using jokes from four US websites, the rhetorical aspects of humour are unpacked through the use of rhetorical discourse analysis and semiotic theories of humour. I then identify an important effect of racist humour. Zygmunt Bauman's ideas on the problem of ambivalence for dichotomous discourse and category formation are employed to argue that racist humour expresses racist dichotomies and has the potential, among others, to “hide” the ambivalence to which such dichotomies are prone. The article then considers the meaning and ambivalence of less severe racist joking.     

理论与实践的双向同构——赋予当代中国马克思主义鲜明实践特色的方法论思考

赋予当代中国马克思主义鲜明的实践特色就是科学处理马克思主义理论质的规定性与实践个性化冲动之间的张力关系,其首先是建立在对马克思主义基本原理的充分尊重基础之上,是对＂理论优先＂原则的高度弘扬,是在马克思主义基本原理指导下展开的。在此基础之上,着力实现马克思主义基本原理与中国社会主义建设的具体实践相结合,运用马克思主义理论指导实践,并通过对实践经验科学、及时的理论总结,丰富发展马克思主义理论,彰显马克思主义理论的实践特色。因此,实践特色的彰显是理论与实践双向同构的结果,其更多是体现在本体论意义上。     

Circumnavigating de-Westernisation: Theoretical reflexivities in researching political communication in Africa

Abstract

Based on theoretical considerations in the course of the author's current research on the conducting of and changes in political campaign communication in post-1990 Cameroon, this article revisits central discourses on the de-Westernisation of communications studies and outlines culturally-nested theoretical considerations to comprehensively study the practices and changes in political campaign communication in Africa. The article argues that although drawing on supposedly ‘Western’ theories, overall the proposed theoretical considerations constitute an example of a more viable approach to de-Westernise communications theory. The considerations have strong potential to improve our understanding of political campaign communication practices and the changes they may effect in Africa, if they are incorporated into research and not discarded simply on the grounds of regional exceptionalism, as is predominantly the case in Africa.