关于修改现行宪法的几点建议

宪法是一国的根本大法 ,宪法的修改应该符合其内在的要求 ,必须慎重。我国宪法的修改目前有几个问题应当重视 :一是应当在宪法中明确规定公民私有财产权 ;二是应当在宪法中恢复公民的罢工权     

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。     

公诉变更问题研究——以刑事诉因变更制度为视角

刑事诉因变更制度具有制约起诉变更权、限定审判对象和保障辩护权的重要意义.我国现行制度框架内,对公诉变更问题中存在的指控事实和指控罪名随意变更问题,不仅缺乏相关的法律规制,而且有剥夺刑事被告人基本防御权之虞.英美和日本的诉因变更制度中对公诉和审判权行使范围的限制和对被告人防御权的保障值得我们借鉴和学习.     

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.     

Tattoos and Human Identification: Investigation into the Use of X‐Ray and Infrared Radiation in the Visualization of Tattoos

Any person with a tattoo known to their family or friends could potentially be identified from the presence of such personal identifying markers. Problems in identification utilizing tattoos may arise when these markers are removed or defaced in some way. This paper uses infrared wavelengths at 760, 850, and 950 nm to improve the visualization of laser‐removed or covered up tattoos and also to establish whether the ink pigments used can be observed on radiographs from any metal that may be present. The results obtained indicate that some older inks have a high enough metallic content to allow them to be viewed on a radiograph, while infrared light can demonstrate latent ink still present in the skin after laser removal and can also be utilized to distinguish an original tattoo through a secondary “cover‐up” tattoo. Infrared photography and radiography have been shown to improve tattoo visualization in a forensic context.     

Knot‐Tying Habits,Tier Handedness,and Experience*

Abstract: Previous research concerning tier handedness, experience and the configuration of simple, habitual knots has been scant and conflicting. Survey data were collected from 21 disparate groups comprising 562 respondents in total. Regardless of experience, respondents tied both Granny and Reef Knots. Dextral tying was dominated by S knots. Left‐handers tied Z knots more frequently than right‐handers. However, the frequency of S and Z knots relative to tier hand dominance, which is not binary, occurred on a continuum. Averaging all survey tasks, more than 70% of knots tied by dextrals were S, whereas only 56% of those tied by sinistrals were S. These percentages varied somewhat according to specific tying tasks and the number of working ends. Furthermore, tiers’ shoelace and parcel knots were not always identical, and a ranked pattern in parcel and shoelace knots was revealed. The examination of habitual knots could benefit criminal investigations.     

论量刑合法

量刑合法是罪刑法定原则在量刑上的要求和表现,意即量刑符合刑法规定,但这并不意味着只符合刑法分则的规定,而应是综合地符合刑法总则与分则的所有相关规定。就法定刑而言,量刑合法并不只是静态地符合法定刑的规定,而是还动态地符合法定刑的司法变型即处断刑、宣告刑、执行刑或免刑的要求。量刑合法与量刑合理并不是彼此分离的两个独立之物,而是同时实现和互为表里的有机统一体,其中,量刑合法以量刑合理为实质内容,并表现为形式合理与实质合理的有机统一。     

修改《劳动法》若干问题研究--从基本理念和具体制度层面分析

《劳动法》颁布10年来取得了巨大的成绩,但由于立法背景、对劳动关系本质认识的不足以及社会关系在转型时期的复杂性等因素的影响,存在严重缺陷,全面修改《劳动法》已为识者所共见。在深入研究劳动法的基本理念和认真分析各项劳动制度的基础上,比较、借鉴其他国家劳动立法,结合国际劳工公约的具体规定,将前瞻性和可操作性贯穿修改的始终,并注意与相关部门法的配套与衔接,完善而科学的劳动法体系是值得期待的。