贷款保证保险合同法律问题研究

随着市场经济的迅速发展．人们采用贷款方式进行消费越来越普遍,进而贷款保证保险合同所产生的法律纠纷也屡见不鲜。本文从贷款保证保险合同的法律属性和法律定位入手,结合司法审判实践,对贷款保证保险合同纠纷在适用中的疑难和争议较大的问题进行探析,并提出自己的见解。从贷款保证保险合同存在问题的根源上进行分析并提出完善的相关建议,以期为当前的司法审判实践提供参考。     

共同过失犯罪中的违反共同注意义务研究

传统刑法理论是否认共同过失犯罪的,理论研究的发展使刑法学界已不能回避共同过失犯罪的存在.明确违反共同注意义务在共同过失犯罪中的核心地位,准确划分违反共同注意义务的判断对象,正确认识违反共同注意义务的共同过失与竞合过失的区别,对纠正传统理论对共同过失犯罪的误解,建立和完善共同过失罪理论体系有重要的意义.     

Blame attribution regarding index offence on admission to secure hospital services

Abstract

Assessment by psychologists is part of the routine multi-disciplinary admission process to secure facilities for those with a diagnosis of severe mental illness and an offending history. Non-engagement with the assessment process is a common clinical phenomenon. Using a survey design, we report on the administration of the Gudjonsson Blame Attribution Inventory, (a questionnaire which elicits causal attributions about offending), where possible, to a cohort of consecutive admissions to a medium secure unit, and a maximum security hospital. Reasons for non-compliance with the assessment process are examined. The responses of those who completed a series of questionnaires are compared using unit, sex, ethnicity, diagnosis and index offence as group variables. With regard to attribution of blame for index offence, contrary to prediction, those with a history of psychosis, rather than personality disorder, obtained higher external attribution scores. The implications of these findings for the assessment of blame and guilt feelings during the early stages of admission to a secure mental health service, and possible treatment implications, are considered.     

Psychological distress and severity of personality disorder symptomatology in prisoners convicted of violent and sexual offences

Abstract

Background: There have been recent proposals in England and Wales to develop services aimed at reducing the risk to the public posed by offenders with so-called “severe personality disorder”. The emphasis of the proposals is on risk. However, prisoners with personality disorder may have psychiatric treatment needs other than those purely relating to public protection. The aim of the study was to examine the association between severity of self reported personality disorder pathology and psychological distress in serious offenders.

Method: All male prisoners in two prisons, convicted of violent or sexual offences, were sent the Personality Diagnostic Questionnaire 4+(PDQ?4+) and the Symptom Checklist 90-R (SCL-90-R).

Results: High levels of self reported personality pathology were associated with high levels of psychological distress.

Conclusions: Offenders with the most severe self reported personality disorder pathology experience distress that may be clinically significant. Services for offenders with personality disorder will need to address their associated psychiatric symptoms.     

Towards a Sociological Understanding of Islamic Radicalism in Indonesia

An upswing in labour costs and currency appreciation during the 1980s caused companies from more advanced Asian economies, such as Hong Kong, Japan and Taiwan, to search for new manufacturing sites in order to obtain lower costs. China was one of the main options for these outward investments, with its huge and rapidly growing market, plentiful, low-cost labour and vast territory. The literature on foreign direct investment has analysed the location strategies of multinational enterprises across national borders, but there have been fewer studies of location decisions by foreign investors within the borders of a single country. We examine how companies determine which location offers the best opportunity to establish an assembly-type manufacturing site in China. We surveyed 17 Taiwanese enterprises that have established this kind of manufacturing base in China, and found that the major factors influencing location selection are economics, politics, the cluster effect and bureaucratic efficiency. It was found that the eastern region, which includes Jiangsu, Zhejiang and Shanghai, was considered better for establishing manufacturing bases than other regions.     

侦查辨认失真：错案形成的心理学因素分析

侦查辨认是常用的侦查措施之一,侦查辨认的可信度和有效度可以直接影响办案的结果,错误的侦查辨认结论可以导致错案的发生。本文通过重点探讨辨认人对案发生过程中客观刺激物各元素的原感知以及对辨认对象各元素的感知比较的误差,分析导致侦查辨认失真的心理学因素,最后提出防止侦查辨认失真的有效策略。     

费尔巴哈的刑法思想——费氏眼中的刑法与社会

费尔巴哈是集哲学和刑法学研究于一身的伟大学者,被誉为"近代刑法学之父",其研究成果被视为犯罪心理学建立和发展的基石。他坚持不懈地将刑法理论与国家统治的合法性联系在一起,在此基础上创立了以形式的权力根据以及形式理性为依据的法理论,试图以此来抵制等级社会中各派的影响,为市民社会建立框架条件。对于德国刑法立法和刑法学的发展而言,费氏均做出了巨大的贡献,其刑法思想对19世纪至20世纪的刑法学具有深远影响,对刑法理论和刑法科学而言具有方向标的意义。他提出的形式法理论尝试突破当时社会现实的束缚,关注社会各阶层的权益,对现今的中国社会依然具有积极的意义。     

Crafting and dismantling the egalitarian social contract: the changing state-society relations in globalizing Korea

Abstract

Between the late 1960s and the early 1980s, the Korean developmental state implemented a series of drastic egalitarian educational policies that were primarily geared toward social integration. While promoting social mobility and educational expansion, they provided the basis of the egalitarian social contract in Korea's educational policymaking for decades. Since the 1990s, however, the Korean state has implemented neoliberal education reforms that led to the rapid dismantling of the egalitarian framework for the country's educational policymaking. These neoliberal reforms were strongly supported by the affluent middle class that prefer elitist education and can afford expensive private education. The general direction of change in Korea's educational policymaking suggests both significant change and continuity in the character of the Korean state and its relations to society since the 1990s. The contemporary Korean state still maintains a highly strategic and activist orientation in adopting and implementing policies although its policies are increasingly neoliberal in content. In doing so, the Korean state is gradually abandoning its broad social base and mobilizational capacity, while increasingly connecting with the upper segments of the middle class.     

无固定期限劳动合同的完善建议

目前,无固定期限劳动合同存在立法漏洞及认识误区,应扩大劳动合同者的签订范围,出台相应的实施细则,并完善其解除制度,实现劳动者和雇佣者的互利共赢。     

试析实案心测技术与实验心理学原理

心理测试是一项现代刑侦工作中应用较广泛的辅助侦查技术,其实测操作严格遵循实验心理学理论和原则,有很强的科学性。文章以中国心理测试技术（武氏测试法）的实测模式为例,详细解读其实验心理学的科学性因素。