形式犯实质犯区分之争述评

在大陆法系刑法理论中,以行为与法益的关系为标准,可以将犯罪划分为形式犯和实质犯。在我国刑法理论中,没有必要采取这种分类。     

Support for behavioral nudges versus alternative policy instruments and their perceived fairness and efficacy

An extensive debate has emerged in recent years about the relative merits of behavioral policy instruments (nudges) aimed at changing individual behavior without coercion. In this article, we examine public support for non-deliberative nudges and deliberative nudges and compare them to attitudes toward top-down regulation and free choice/libertarian options. We also examine whether support for both types of nudges is associated with perceptions of fairness and efficacy. We test these expectations with a survey experiment with 1706 UK adult respondents (representative of the population on age, gender, and location) in two policy areas (retirement savings and carbon offsets for airline passengers). We find higher levels of public support for both nudge policy options compared to top-down regulation. Support for nudges is associated with the perceived fairness of nudges more than their efficacy.     

On‐Bill Financing Programs to Support Low‐Carbon Energy Technologies: An Agent‐Oriented Assessment

On‐bill financing (OBF) schemes have been welcomed as innovative mechanisms for encouraging the adoption of low‐carbon energy technologies. Yet while the potential effects of these schemes have received growing attention, less is known about their actual performance. Departing from New Institutional Economics and insights from Behavioral Economics, this theory‐driven assessment examines the How$mart^® program in Kansas (United States) and the Green Deal in the United Kingdom. The study identifies the mechanisms designed to trigger behavioral change and technology adoption. We focus on market agents, and related market failures and behavioral anomalies that often prevent energy efficiency improvements. The paper adds to our theoretical and empirical understanding of public and utility‐driven OBF programs applied to the residential sector. Our findings suggest that simple, carefully designed on‐bill programs, where the financing of efficient technologies takes the form of a service rather than a loan, are more effective for the diffusion of low‐carbon energy technology and the reduction of transaction costs. At the same time, on bill‐financing schemes challenge the core business of utilities, and given the complexities and dynamics of energy efficiency markets and energy use, other policy interventions are needed.     

网络社会的道德自律

网络社会作为一种全新的虚拟化和符号化的社会系统,在其初始阶段,道德问题尤为突出.只有通过建立一种内在的控制机制,才能从根本上减弱人们的行为失范.建立这种内在控制机制的关键一环便是强化网民的道德自律.     

Mental Illness and Legal Fitness (Competence) to Stand Trial in New York State: Expert Opinion and Criminal Defendants' Psychiatric Symptoms,

Fitness to Stand Trial is a critical concept in the adjudication of justice‐involved persons. A retrospective study was conducted to examine criminal defendants' specific psychiatric symptoms and those symptoms' associations with expert opinions on Competence to Stand Trial. One hundred charts were reviewed: 50 Cases (opined as Not Fit) were compared against 50 Controls (opined as Fit) with respect to ratings on the Brief Psychiatric Rating Scale (BPRS). A significance level of 0.001 was selected a priori. Statistically significant differences were found in seven of the eighteen BPRS symptom constructs (with the highest differences in Conceptual Disorganization and Unusual Thought Content) and two of the four BPRS higher‐order syndrome factors (Thinking Disorder and Hostile‐Suspiciousness). Consistent with previous reports, psychotic symptoms are found in this study to be inversely associated with Fitness. Validity, reliability, and limitations of this study, as well as directions for future research, are discussed herein.     

The Behavioral Effects of Environmental Regimes: Collective-Action vs. Social-Practice Models

International Environmental Agreements: Politics, Law and Economics - Most observers agree that institutions play significant roles both in causing and in confronting large scale environmental...     

Verbal Aggression Among Male Alcoholic Patients and Their Wives in the Year Before and Two Years After Alcoholism Treatment

Our earlier reports on 88 male alcoholics and their wives showed that domestic violence decreased significantly in the first and second year following a behavioral marital therapy (BMT) alcoholism treatment program. The present study examined verbal aggression in this same sample. In the year before BMT, verbal aggression was significantly greater—being five to seven times more prevalent for clinically elevated aggression and substantially more frequent—for the alcoholic husbands and their wives than for a demographically matched, nonalcoholic comparison sample. In the two years after BMT, both alcoholic men and their wives showed significant and substantial reductions in verbal aggression as compared with the year before BMT. Despite these significant reductions from the year before BMT, verbal aggression in the two years after BMT remained significantly elevated relative to demographically similar nonalcoholic controls. As predicted, relapsed alcoholics and their wives showed more verbal aggression in the 2 years after BMT than both couples with a remitted alcoholic husband and demographically similar nonalcoholic controls, whereas remitted alcoholics and their wives had similar levels of verbal aggression to the nonalcoholic controls. Further, frequency of drinking was positively correlated with verbal aggression in the 2 years after BMT; verbal aggression was greater when the alcoholic husband drank more frequently.     

理解恐怖分子的行为激进化:一个整合性分析框架

当前在对恐怖分子激进化的分析中存在“激进化是否遵循线性的发展道路”和“思想激进化与行为激进化的区分是否必要”的争议,导致对激进化的理解存在困惑。在坚持非线性组织方式、思想与行为二分法的基础上,构建了一个分析恐怖分子行为激进化的整合性分析框架,即对经验研究中的推动、拉动和中介因素进行了区分和统合。推动因素表现为个体或群体的失控、焦虑、羞辱、不满、怨恨等负面情绪,拉动因素表现为恐怖组织提供的“圣战”、重建“哈里发国”、“末日决战”等极端主义意识形态;而人际网络、虚拟网络与大众传媒在行为激进化中发挥着中介因素的作用。理解恐怖分子的行为激进化具有一定的理论与现实意义。就理论意义而言,可以借此探究恐怖主义的产生原因。就现实意义而言,从负面情绪、意识形态、网络与大众传媒三个方面对恐怖主义进行整合性治理,能提高恐怖主义全球治理的有效性。     

第一次讯问的行为视角研究

第一次讯问是指侦查人员对特定犯罪嫌疑人实施的第一次讯问行为.基于指导办案实务的考虑,从理论上对第一次讯问行为进行总结和凝练具有重要意义.结合侦查实务工作运行情况,应当基于查明犯罪和固定口供的双重行为导向,并结合排除可翻供因素以支持诉讼的行为导向进行探讨第一次讯问行为.侦查人员通过实施第一次讯问活动,一是要突破犯罪嫌疑人...     

不同身份者共同实施身份犯的定性探析——兼评犯罪共同说与行为共同说

对于不同身份者共同实施身份犯的定罪,既要反映共同犯罪的本质特征,又必须符合罪责刑相适应原则的要求。根据犯罪共同说对不同身份者共同实施身份犯时进行统一定罪,才是符合共同犯罪的本质特征的。不同身份者共同实施身份犯时触犯数罪名,这种情况实际上就是想象竞合犯,应按照想象竞合犯“择一重处”的原则,选择处罚较重的犯罪定罪量刑,这不仅符合共同犯罪统一定罪的本质要求,而且符合罪责刑相适应的刑法原则。