中国"民工荒"的制度成因与行为分析

本文通过文献梳理和实证分析,剖析“民工荒”形成的制度根源和行为诱因,校正了以往对“民工荒”的一些认识偏差,提出正规与非正规制度性异地歧视、技工培训制度构建滞后和超经济因素对民工行为选择的影响也是产生“民工荒”的重要原因,并由此提出若干治理对策。     

从马加爵杀人案谈犯罪预防

云南大学学生马加爵因打牌时受同学诬蔑作弊,遭受"嘲笑",在3天内将四名同学杀死于宿舍。不良的生活背景致使马加爵个性压抑、人格异常,这构成暴力犯罪的内在起因,被害人的消极作用是暴力犯罪的导火线。具有马加爵"异常人格"的人,预备犯罪具有极强的隐蔽性,实施犯罪具有极强的突发性。预防这类犯罪的对策是学校加强对学生心理健康教育,矫正学生的性格缺陷,提醒学生注意防范。     

An Examination of the Effects of Different Victimization Types on Psychological and Behavioral Health Outcomes and the Mediating Role of Stress

Although a considerable amount of research has highlighted the link between interpersonal victimization and adverse psychological and behavioral health, a paucity of research has examined and compared the effects of multiple forms of victimization in the same study. There is also a limited understanding of the underlying individual factors (e.g., emotional processes) that might link experiences of victimization to psychological and behavioral health adversities. To address these gaps, the author used a nationally representative sample of 19,422 Canadians aged 15 years old or older to examine the effects of different types of victimization on psychological and behavioral health outcomes, and to determine whether these associations are mediated by perceived stress. Results revealed that some victimization types (i.e., personal, household/property, cyberbully, ex-partner physical/sexual and emotional abuse) had statistically significant adverse effects on psychological and behavioral health outcomes (i.e., self-report mental health, life satisfaction, satisfaction with safety from crime, and alcohol/drug abuse). Results also revealed that perceived stress mediated the association between some victimization types and psychological, but not behavioral, health outcomes. Discussion points toward the utility of examining multiple victimization types, as well as other converging individual factors or adversities, in explaining psychological and behavioral health outcomes.     

刑法中行为理论之比较--兼论我国刑法中的行为概念

行为在大陆法系国家及我国刑法理论中是个有争议的概念.大陆法系以行为为基石,构建犯罪论体系,学者们争议的是行为概念的内容.我国学者在既有的犯罪构成框架内质疑行为理论的意义,对刑法中行为概念的内容却形成了通说--刑法中的行为指危害行为.刑法中的行为理论是对刑法的哲学探究,对此问题的研究,对于理解行为这一犯罪的具体要件具有重要意义.     

Juvenile Sexual Murderers: Examination and Classification of the Crime-Commission Process

This study aims to empirically explore the crime-commission process of juvenile sexual homicide offenders (SHOs). First, a comparison between the crime-commission process of juvenile and adult SHOs is undertaken, while as a second step, this study also provides an empirical classification specific to juvenile SHOs. The sample used in this study consists of 55 juvenile SHOs and 281 adult SHOs. A sequential binomial regression was used to compare at the multivariate level the two groups of offenders, while a latent class analysis was used to examine the relationships between each step of the crime-commission process of juvenile SHOs. Our findings suggest that the crime-commission process of juvenile SHOs present differences when compared with adult SHOs. Moreover, we identified four different patterns in juvenile sexual homicide: explosive opportunistic, sadistic, overcontrolled anger, and predator. Theoretical and practical implications in terms of criminal investigations as well as offenders’ management and treatment are discussed.     

绑架罪行为结构新论

由于绑架罪所侵犯的人身自由权包括了人质的身体活动自由权和第三人的意思决定自由权，所以决定了绑架罪是复合行为犯而非简单行为犯，即其完成形态由扣押人质与提出非法要求两行为组成。将绑架罪解释为复合行为犯，有利于犯罪预防和解决罪数问题。     

Judges’ views on evidence of genetic contributions to mental disorders in court

This preliminary analysis assesses how judges view the use of behavioral genetics evidence on genetic influences to mental disorders in court. Twenty-one semi-structured interviews, analyzed using constant comparative analysis, were conducted with California trial court judges. Most judges reported the beneficial effects of this evidence being presented in court, particularly as a mitigating factor for sentencing. Yet some judges viewed it as an aggravating factor and expressed concerns about genetic privacy. Judges described initial reactions to being potentially presented with evidence on genetic influences to mental disorders as apprehension, curiosity, and sympathy. Judges also reported putting significant trust in experts on these issues. Findings suggest some judges are skeptical of this evidence, but largely open to its presentation. Sympathetic reactions may result in mitigating attitudes of some judges. As judges significantly trust experts, some judges could also be overly trusting of genetic evidence and expert opinion on these issues.     

土地承包经营权制度的行为有效性分析

土地承包经营权制度是国家保障农民土地承包权益的重要举措,从法治角度考察其实效情况,可分析行为有效部分。对土地承包经营权制度的行为有效性的分析共选取了三个方面:农民的土地承包经营权权利意识情况、土地承包经营权的行使情况、土地承包经营权的实现情况。在此基础上得出土地承包经营权制度行为有效性的结论和建议。     

Evaluation of an Incentive System at a Summer Camp for Youth Experiencing Homelessness

SUMMARY

Children who are homeless often experience emotional and behavioral problems. They also may have difficulty interacting with peers. Programs designed to reward positive behaviors may be successful in improving behavioral functioning for children experiencing emotional distress due to homelessness and related risk factors. Families experiencing homelessness may have a difficult time accessing mental health services. School settings may be optimal environments for implementing programs to improve behavioral and social development for these children. In this paper, we describe the implementation and outcomes of an incentive system, developed to improve school behaviors and interactions for children experiencing homelessness. This system was implemented during a summer camp designed to enrich reading skills. Teachers and aides administered bracelets as secondary reinforcers for positive and prosocial behaviors. Children could purchase primary reinforcers, such as toys and art supplies, with the bracelets. Results were positive, supporting project activities. Future programs and evaluation projects should focus on delivering and evaluating prevention and therapy services for youth experiencing homelessness.