刑事诉讼严格证明的若干问题

严格证明理论对于我国刑事诉讼证明制度的改革具有重要意义。严格证明是指对具有证据能力的法定证据调查程序的证明。严格证明具有递进性功能，即具有真实发现、权利保障与权力规范、判决结果正当化这种递进性的功能。在适用范围问题上，证据合法性的证明由被告人以自由证明方式承担主观的证明责任，控诉方则以严格证明方式承担客观的证明责任；被告人承担证明责任的事实只应要求以自由证明方式进行，而不应要求严格证明。判决若是建立在以违反严格证明的事实认定的基础上时，必须从程序和实体两个层面上进行纠正和救济。     

Serious tax fraud and noncompliance

Research Summary This article reviews what international evidence exists on the impact of civil and criminal sanctions upon serious tax noncompliance by individuals. This construct lacks sharp definitional boundaries but includes large tax fraud and large-scale evasion that are not dealt with as fraud. Although substantial research and theory have been developed on general tax evasion and compliance, their conclusions might not apply to large-scale intentional fraudsters. No scientifically defensible studies directly compared civil and criminal sanctions for tax fraud, although one U.S. study reported that significantly enhanced criminal sanctions have more effects than enhanced audit levels. Prosecution is public, whereas administrative penalties are confidential, and this fact encourages those caught to pay heavy penalties to avoid publicity, a criminal record, and imprisonment. Policy Implications Although it has yet to be proven that prosecution has a greater or lesser impact on these offenders, increased prosecution might be justified for purposes of moral retribution as well as perceived social fairness.     

关于严格限制我国死刑适用的探讨

废除死刑已成为国际趋势,而从中国现阶段国情来看,限制死刑更具有现实意义。所以本文从死刑适用条件以及死缓制度两个方面,探讨了如何严格限制死刑的适用,并对在此基础上引发的死缓与死刑在立法上不衔接问题作了一定的阐述。     

违宪审查模式之比较

发展社会主义民主政治,建设社会主义政治文明,全面建设小康社会是十六大提出的重要目标。作为政治文明的重要标志之一是法治国家的实现。而目前我国当务之急是建构行之有效的违宪审查机构,以结束我国几十年来有宪法无违宪案件的不正常现象。文章对世界三大违宪审查模式进行了利弊比较。     

Assaults in the elderly--a population-based study with victim and perpetrator characteristics

The aim of the present epidemiological study was to investigate characteristics of assaults in the elderly aged 65 years and above from the perspective of the victim and perpetrator. This population-based study included 23,142 assaults (according to §§ 224/226 StGB of German criminal law) that were recorded in Bavaria, Germany, from 1999 to 2005. The population-based ratio of serious crimes of battery for the elderly in comparison with the reference population was markedly lower (0.10; 95% CI: 0.09-0.11) in suspects aged more than 65 years and 0.08 (95% CI: 0.07-0.09) for the injured above 65 years. Elderly perpetrators differed significantly concerning the manner of the assault (p < 0.001). They committed less crimes in urban areas (56.1% vs. 68.8%) and were victimized significantly more in rural areas (p < 0.001; 41.2% vs. 30.2%). Violence in the elderly differs from that of the younger population. Further research is warranted to establish prevention measures.     

Engaging students on the topic of restorative justice and serious offenses

Within contemporary society, there is a prevailing sentiment that our criminal justice system leaves much to be desired in its responses to the offender, the victim, and the community. As a potential answer to these conceded shortcomings, restorative justice has earned significant recognition and consideration. While restorative justice principles and programs have received increasing support, for many individuals this is limited to cases involving relatively ‘minor,’ first time, and/or juvenile offenses. When it comes to situations with more ‘serious’ and violent offenses, acceptance of restorative responses dissipates. Gaining broader acceptance can be particularly challenging with current college students. With many students raised in the ‘get tough on crime’ era, embracing this alternative approach to serious crimes can be a difficult paradigm shift. This article will provide a framework for approaching the feasibility of applying restorative justice with serious offenses in the college course. In addition, suggestions for readings, projects, and assignments that will further assist in effectively engaging students with these issues will be provided.     

Expectations about victim and offender behaviour during stranger rape

The aim of this study was to examine expectations about victim and offender behaviours during stranger rape. These expectations were compared with the empirically derived data of actual victim and offender behaviours. Furthermore, three attitudes/beliefs were assessed in relation to these expectations: rape myth acceptance, gender role attitudes and belief in a just world (BJW). Seven hundred and fifty-eight undergraduates took part in the study. The results show that participants significantly overestimated the frequency of 29 out of the 30 victim and offender behaviours examined (one behaviour was underestimated). An inconsistent relationship was found in predicting the expectancies via rape myth acceptance, gender role attitudes and BJW. These findings are examined in the context of the criminal justice system and how expectancy violation may affect the perception of rape victim and offenders' behaviours.     

Why People are Committed to Human Rights and Still Tolerate Their Violation: A Contextual Analysis of the Principle–Application Gap

We report results from two experimental studies that show a large gap between support for general principles contained in the Universal Declaration of Human Rights and denunciation of concrete violations of these principles. Participants in both studies read different scenarios involving human rights violations committed by various authorities in Western contexts. In all situations, attributes or actions of the victims could be used to justify the violations. Participants indicated their level of support for each human right and the unacceptability of violations of it. A dual principle was found to organize positioning towards the violations: participants with a rights-based orientation denounced the violation independently of the victims attributes, whereas context-oriented respondents relied on the perceived deservingness of victims and considered the violation a just sanction of an unacceptable act. Judgmental differences were moderated by the situational context and participants extent of agreement with human rights.     

试论当前侵害妇女儿童权益问题的特点及对策

我国正处于社会主义初级阶段 ,在社会主义市场经济体制的新形势下 ,侵害妇女儿童权益问题出现了新的变化、新的特点。因此 ,维护妇女儿童合法权益明显地成为一个社会问题 ,要充分运用国家法律法规的硬性规定 ,加大政论行为推动的力度 ,顺应形势 ,努力推动维权工作社会化 ,使妇女儿童的合法权益真正得到保证。     

Aggressive reactions to social injustice by individuals and groups as a function of social norms,gender, and anonymity

Two conflicting approaches to the study of group aggression are compared: the deindividuation theory of Zimbardo (1970) and the emergent norm theory of Turner and Killian (1972). To test these two conflicting hypotheses, the frustration-aggression theory of Brown (1986) is used which assumes that individuals and groups, male or female, will react with angry aggression when important social justice norms are violated. It was hypothesized (i) that groups will be more aggressive than single individuals; (ii) males will be more aggressive than females; and (iii) that more aggression will occur when people can be easily identified than when they remain anonymous to each other. These hypotheses received some support. Unexpected interactions between these variables are discussed in some detail. Generally, more support is found for the emergent norm theory than for deindividuation theory.