海洛因慢性依赖大鼠神经元一氧化氮合成酶变化

目的 研究海洛因药物滥用致脑神经细胞一氧化氮合成酶(ncNOS)表达的变化及法医学鉴定意义。方法 采用ncNOS免疫组织化学SP法、ncNOS mRNA原位分子杂交及图像分析技术,观察大鼠海洛因慢性依赖和自然戒断大脑皮质、中脑导水管周围灰质和中脑腹侧被盖区神经细胞ncNOS的变化和ncNOSmRNA的表达。结果 实验组神经细胞ncNOS含量和ncNOS mRNA表达比对照组明显增加,阳性细胞数明显增多;自然戒断组较慢性依赖组改变更加明显(P<0.05)。结论 ncNOS在海洛因慢性依赖和戒断中起重要作用,脑神经细胞ncNOS免疫组织化学变化可作为海洛因药物滥用法医学鉴定的形态学依据。     

从滥用职权罪的罪过形式谈起——再探滥用职权罪

关于滥用职权罪的罪过形式,观点颇多,但实际上,其罪过形式只能是故意,包括直接故意和间接故意。司法实践中将本应定玩忽职守罪的过失行为,以及将虽出于故意但已构成其他更为严重犯罪的行为定为滥用职权罪的做法令人质疑。在目前情况下,应按照特别法优于普通法以及重法优于轻法的原则处理第397条滥用职权罪同其他相关条文间的法条竞合关系。另外,没有必要将滥用职权罪的主体再次恢复为“国家工作人员”,应提高和增设该罪的法定刑,将该罪和玩忽职守分列两个条文,重视对该罪未遂的惩处。     

滥用劳务派遣之反思与规制

《劳动合同法》实施以来,劳务派遣用工量呈井喷之势。劳务派遣迅猛发展的主要表现为劳务派遣的滥用,劳动立法的缺漏、利益的驱动、企业的经济人本性、政府职能的缺位是滥用劳务派遣现象发生的主要原因。滥用劳务派遣极大损害了劳务派遣劳动者利益,破坏了劳务派遣市场秩序,是本次《劳动合同法修正案》处理的主要问题。通过劳务派遣行业准入制度的完善、劳务派遣适用范围的限制、同工同酬权的保障、劳动监察力量加强等多个层面的治理,将劳务派遣控制在合理的适用范围,引导劳务派遣规范化发展,落实劳动关系的和谐稳定。     

Maltreatment and Family Dysfunction in Childhood and the Subsequent Adjustment of Children and Adults

The adjustment problems associated with sexual abuse, physical abuse, psychological maltreatment, neglect, and witnessing family violence during childhood were examined in three studies. Study 1 demonstrated significant overlap between maltreatment types in parent reports (N = 50) of maltreatment experiences of their child aged 5–12 years. Parental sexual punitiveness, traditionality, family adaptability and family cohesion significantly predicted scores on 4 maltreatment scales and children's externalizing behavior problems. Level of maltreatment predicted internalizing, externalizing, and sexual behavior problems. In Study 2, significant overlap was found between adults' retrospective reports (N = 138) of all 5 types of maltreating behaviors. Parental sexual punitiveness, traditionality, family adaptability, and family cohesion during childhood predicted the level of maltreatment and current psychopathology. Although child maltreatment scores predicted psychopathology, childhood family variables were better predictors of adjustment. Study 3 demonstrated that child maltreatment scores predicted positive aspects of adult adaptive functioning (N = 95).     

Child Sexual Abuse Perpetrated by Women: Case Series and Review of the Literature

The literature on child sexual abuse (CSA) perpetrated by female sexual offenders (FSOs) is exiguous, and many studies have focused on judicial databases. The present retrospective study, instead, analyzed clinical and judicial data of a group of both victims and alleged FSOs, to additionally include women who have not been convicted by the criminal justice system, but who hold strong clinical suspicions of being perpetrators of CSA. The medical records and the Court files of 11 children and their eight suspected FSOs have been collected and critically reviewed in light of the literature to date. This approach allowed for a deeper understanding of the relationship between child and FSO. The authors hypothesize that the victims’ severe psychopathological outcomes were a result of a failure to develop appropriate attachments with their prospective caregivers, which could have been damaged by the pathological relationship with FSOs, who were the victims’ caregivers.     

维护自由贸易与保护知识产权权利的内在冲突和司法考量之进路

世贸组织的根本宗旨是推动全球贸易的自由化,逐步减少和消除阻碍贸易发展的壁垒。保护附加于商品上的知识产权(特别是商标权、专利权)在一定条件下会阻碍自由贸易发展。针对如何看待和协调WTO一系列框架文本中消除贸易壁垒和保护与贸易有关的知识产权协定的关系,从世贸组织的相关法律文本出发,通过我国法律和欧盟的典型判例来实证分析研究上述问题,并总结欧盟司法经验,揭示在保护知识产权的基本原则下,运用比例关系测试法就具体个案衡平考量解决两者冲突的司法进路。     

Positive Resolution of Childhood Sexual Abuse Experiences: The Role of Coping,Benefit-Finding and Meaning-Making

Resolution of the trauma of childhood sexual abuse (CSA), and the current adjustment of 60 adult female CSA survivors were explored through qualitative and quantitative analyses of their coping strategies, perceived benefits, and meaning-making attempts. While the majority of the women (87%) perceived at least some benefit resulting from coping with the CSA experience, many (29%) found it impossible to make any meaning of their trauma. Specific benefits that were associated with various aspects of positive adjustment (marital satisfaction, better physical health, less isolation) included improved relationships with others, religious or spiritual growth, and improved parenting skills. Some perceived benefits were actually associated with a negative outcome. Increased knowledge of sexual abuse was associated with more isolation and lower marital satisfaction. When positive meaning could be derived from the coping process, the women reported less isolation. Avoidant coping was strongly associated with more depressive symptoms and poorer resolution of abuse issues. Results highlight the importance of considering coping strategies and cognitive restructuring efforts in designing therapeutic interventions with this population. Portions of this paper were presented at the annual meeting of the Midwest Psychological Association, May 2004, Chicago, IL.     

Alcohol Consumption and Females’ Recognition in Response to Date Rape Risk: The Role of Sex-Related Alcohol Expectancies

This study examined the pharmacological and psychological effects of alcohol on women’s recognition of and response to dating sexual aggression. Female participants completed measures of prior sexual victimization experiences, sex related alcohol expectancies, general alcohol expectancies, and drinking habits. Using a 2 (alcohol) × 2 (expectancy) balanced placebo research design, women were exposed to an audiotape date rape vignette and asked to press a button when the man’s sexual advances had gone to far. Upon pressing the button, the tape was stopped and participants were instructed to imagine themselves in the same situation and generate a response describing what they would say and/or do at that point. Results indicated that although alcohol and expectancy were not related to risk perception, individuals who consumed alcohol displayed significantly less resistant role play refusals. A significant interaction between expectancy set and pre-existing sex-related alcohol expectancies was observed indicating participants believing alcohol affects sexual behavior generated less resistant refusal responses when they expected to receive alcohol. Moreover, for those who expected to receive alcohol, stronger pre-existing sex-related alcohol expectancies predicted less resistant refusal responses over above the effects of blood alcohol level and general alcohol expectancies. The implications of these findings are discussed.     

Co-Occurrence of Interparental Violence and Child Physical Abuse and It’s Effect on the Adolescents’ Behavior

This study analyzed the impact of the co-occurrence of parental and interparental violence on the behavior of adolescents. Results reveal that the co-occurrence of interparental violence and child physical abuse has a significantly greater negative impact on behavior than does exposure to interparental violence only. Moreover, participants, who are both abused and exposed to interparental violence, exhibit internalized and externalized symptoms falling within the clinical range more frequently. Exposure exclusively to interparental violence also has definite impact; for example, teens who are only exposed to interparental violence exhibit internalized and externalized symptoms more frequently than do those who have been neither subject to physical abuse from a parent nor exposed to interparental violence. Implications of the findings are discussed.