单纯醉酒驾驶犯罪化理论依据探究

我国《刑法修正案(八)》将单纯的醉驾行为作为犯罪化处理,司法实践只关注案件实体的处理,忽略了法理的探究。单纯醉驾之所以能够作为犯罪化处理,其理论依据在于:从客观上看,醉驾行为制造了法所不允许的风险,增加了该行为发生交通事故的盖然性;从主观上看,行为人设定的醉酒行为是在故意状态下为之,并能预见和认识到自己在责任能力低下的状态下实施驾车行为;作为抽象危险犯中的该种行为,从一般生活的经验来看,也具有现实的引起对法益的侵害或威胁的可能,在结果无价值理论看来也给予否定评价。     

论国家级考试舞弊行为的刑法规制

根据我国现行刑法的规定,对在国家级考试中实施舞弊行为情节严重的,可处以非法获取国家秘密罪或招收学生徇私舞弊罪等罪名。但对于为舞弊者提供协助行为情节严重的,现行刑法却无力惩处,并且对教师帮助学生实施舞弊行为适用招收学生徇私舞弊罪处罚也有违罪刑法定原则。为弥补刑事法律在规制国家级考试舞弊行为上的不足,必须在刑法中增设＂协助国家级考试舞弊罪＂,以有效地遏制考试舞弊盛行之风。     

增设危险驾驶机动车罪必要性论证

对于我国《刑法修正案（八）》增设危险驾驶机动车罪,学者观点不一。犯罪圈的划定有其特定的标准：即行为的严重社会危害性及现行立法规制力的不足。以此为标准,则完全有必要将危险驾驶机动车行为纳入刑事法律的评价视域。     

抽象危险犯的扩张限缩与刑法谦抑性——兼评《刑法修正案(八)》的抽象危险犯立法

《刑法修正案(八)》将危险驾驶罪和生产销售假药罪规定为抽象危险犯,反映了风险社会下刑罚早期化的趋势,与刑法谦抑性发生一定的冲突。应当肯定修正案对抽象危险犯的扩张具有一定的合理性,但其扩张并非无边无界,为防止其过分扩张需要从立法论和解释论两方面对其施加一定的限缩。     

Construct Validity of Adolescent Antisocial Personality Disorder

This study examined the construct validity of antisocial personality disorder (ASPD) diagnosed in adolescence. Boys and girls were grouped by history of DSM-III-R conduct disorder (CD) and ASPD: Controls (n=340) had neither diagnosis; CD Only (n=77) had CD by age 17 but no ASPD through age 20; Adolescent ASPD (n = 64) had ASPD by age 17. The Adolescent ASPD group was then compared to 20 young adult men who met criteria for ASPD (ASPD group). As expected, the Adolescent ASPD group had significantly more depression and substance use disorders, a greater performance>verbal IQ discrepancy, more deviant peers, and poorer academic functioning than the CD Only group and Controls. The Adolescent ASPD and ASPD groups did not differ on most variables. Results support the construct validity of Adolescent ASPD and suggest that such a diagnosis could help identify adolescents at risk for persistent antisocial behavior. Jeanette Taylor is an Assistant Professor at Florida State University. She received her Ph.D. in 1999 from the University of Minnesota. Her research examines biological, cognitive, and environmental influences on personality disorders and substance use disorders. Irene J. Elkins is a Co-investigator at the Minnesota Center for Twin and Family Research. She received her Ph.D. in 1993 from the University of Kansas and is a member of the Society for Research on Psychopathology. Her major research interests include the relationship of personality, ADHD, and antisocial behavior to substance abuse, as well as gene-environment interrelationships. Lisa Legrand is a Research Associate with the Minnesota Center for Twin and Family Research at the University of Minnesota. She received her Ph.D. in 2003 from the University of Minnesota. Her major research interests include gene-environment interplay in the development of externalizing psychopathology. Dawn Peuschold is a Senior Clinical Forensic Psychologist at the Hennepin Country District Court and an instructor at the University of Minnesota. She completed a post-doctoral fellowship in forensic psychology at the University of Massachusetts Medical School after receiving her Ph.D. in clinical psychology from the University of Minnesota. She is interested in risk factors for reoffense in juveniles. William G. Iacono is a Distinguished McKnight University Professor at the University of Minnesota, the institution from which he received his Ph.D. in psychology. He conducts longitudinal studies of adolescent twins and adoptees aimed at understanding the development of adult adjustment and mental health.     

A Rationale and Method for Examining Reasons for Linkages Among Adolescent Risk Behaviors

A large volume of research has investigated interrelations among adolescent risk behaviors. Although several theoretical accounts have been proposed, researchers have not directly examined hypotheses for why risk behaviors are linked. In the present paper, a distinction is drawn between predictive factors that explain variance in risk behaviors and “linkage factors” which may provide an explanation for why risk behaviors are interrelated. The relevance of linkage factors to risk behavior research, theory, and practice is described. Further, a simple to use and easy to interpret analytic technique for exploring linkage-related issues is illustrated. Using this technique, hypotheses regarding the role of predictors in explaining linkages among risk behaviors can be tested directly. The proposed line of inquiry will provide valuable input for intervention efforts and theoretically relevant information concerning linkages among adolescent risk behaviors. Research Associate at the Brock Research Institute for Youth Studies at Brock University, Ontario, Canada. He received his M.A. in Clinical Psychology from the University of North Dakota. His major research interests are adolescent risk behavior involvement and youth activity involvement as a context for positive development. Professor in the Department of Child and Youth Studies at Brock University, Ontario, Canada. She received her Ph.D. in Developmental Psychology from the University of Waterloo. Her major research interests include adolescent risk taking and resilience, including academic underachievement and media/technology influences on lifestyle choices and learning. Assistant Professor in the Department of Child and Youth Studies at Brock University, Ontario, Canada. She received her Ph.D. in Developmental Psychology from Brock University. Her major research interests are adolescent risk-behavior involvement, particularly related to gambling, and risk and resilience.     

政府职能转变的阻力分析

我国改革开放以来如进行的五轮行政体制改革就有四轮把转变政府职能作为核心和重点。但是，职能转变收效甚微。是市场经济主体的不成熟、社会组织发育迟缓、行政体制改革内动力不足阻碍了政府职能的转变，是社会转型期政府的二难处境导致职能转变受阻。我们必须根据我国所处的特殊转型阶段和市场的特定要求，决定“放松管制”的幅度、力度、和方式，同时要高度重视对市场秩序的监管以及对“监管者”权力的监督。唯此，才能保证我国经济和社会转型时期政府职能转变的平稳、有序和有效。     

Suspects,Lies, and Videotape: An Analysis of Authentic High-Stake Liars

This study is one of the very few, and the most extensive to date, which has examined deceptive behavior in a real-life, high-stakes setting. The behavior of 16 suspects in their police interviews has been analyzed. Clips of video footage have been selected where other sources (reliable witness statements and forensic evidence) provide evidence that the suspect lied or told the truth. Truthful and deceptive behaviors were compared. The suspects blinked less frequently and made longer pauses during deceptive clips than during truthful clips. Eye contact was maintained equally for deceptive and truthful clips. These findings negate the popular belief amongst both laypersons and professional lie detectors (such as the police) that liars behave nervously by fidgeting and avoiding eye contact. However, large individual differences were present.