法官受制定法约束的理论谱系及其评价--基于德国法学方法论视角的考察

自19世纪以来,法官受制定法的约束问题成为法学方法论研究的主要问题之一。概念法学的理论追求是将法官视为"涵摄机器";自由法学理论则强调法官具有造法的权力,将法官视为"法官王";纯粹法学理论提出了"可能框架"模式,法律规范只是为法官的裁判提供一个可能的框架范围。评价法学理论将"法官受制定法的约束"转变为"法官受价值约束"的"价值导向"模式;在20世纪末,法律论证理论提出了一种"理性商谈"模式,尝试解决这一     

河北省未成年人犯罪基本情况调查及原因分析

采用艾森克个性问卷及自编基本情况调查表对395名未成年男犯进行调查,结果显示,未成年男犯在文化程度、作案地区、家庭结构及家庭教养方式等方面存在新的变化趋势,犯罪原因集中在家庭、学校、社会及个人心理因素等各方面。     

Talking about radicalization

ABSTRACT

This article seeks to build a bridge between the criminological tradition of research on hard-to-reach groups and sensitive topics and the tradition of critical research on radicalization. As a result of the hard-to-reach character of so-called radicals themselves, the article analyzes interview experiences with ‘professionals’ working within the prevention of radicalization and other actors. This article discusses the experiences connected to the preparation and unfolding of the interviews on the sensitive topic of radicalization and illustrates how interviews and questions designed to gather knowledge about radicalization processes among Muslims in Denmark often became a discussion about the concept of radicalization itself. This article shows that making use of the concept of radicalization is problematic in interviews as it is embedded in the Danish political discourse on immigration, Muslims and Islam. This article reflects on researcher positionality and how being a white ethnic Danish researcher might have caused an underestimation of how problematic the concept is to people directly involved with it, and that speaking from such a researcher positionality also can make the concept of radicalization seem even more problematic.     

Development of an instrument for assessing the quality of forensic evidence and expert testimony from three feature-comparison methods: DNA,voice, and fingerprint analysis

In a context of rising violence and long-lasting impunity, in 2008, Mexico's criminal justice system underwent a radical change from an inquisitorial model to an adversarial one, to make it more effective, transparent, and expeditious. The new system tasked judges with publicly determining the admissibility of forensic evidence, as well as assessing its technical quality and probative value—tasks for which they currently receive little to no training. With the aim of contributing to the consolidation of the adversarial model, a comparative framework—in the form of a checklist—of the analysis of fingerprints, DNA samples, and voice recordings was created. To do so, a review of the academic literature, published reports, and guidelines was performed. The collected data were synthesized and submitted to a panel of Mexican judges, who provided feedback on its adequacy. The framework focuses on the steps on which quality assurance of forensic evidence depends, organized in five discrete stages that span from the collection of samples at the scene of a crime to the presentation of evidence at trial, specifying the main technical criteria experts should state to allow a decision maker to examine its accuracy and reliability. Differences and commonalities among the three methods were identified, particularly in terms of how qualitative and quantitative analyses are performed in each. Besides its potential usefulness as an aid for judicial decision-making, the checklist could be a valuable resource for training programs aimed at judges, as well as quality assurance programs.     

Pathways of democratisation to human development in post‐communist countries

The article investigates the consequences of post‐Cold War regime transitions on human development in the former Soviet bloc. Relying on a mixed‐methods research strategy that combines econometric and qualitative comparative analysis, it proceeds through three consecutive steps. First, there is a discussion of how democratic institutions may solicit governments’ attention toward social issues. Second, the relationship between democratisation and human development in 21 post‐communist countries is tested. Third, democracy in its core attributes is unpacked, and qualitative comparative analysis (QCA) is used to identify a few alternative institutional configurations favouring human development. The analysis reveals that not only full democracies, but also some hybrid regimes, have been successful in this task.     

Secular Change in Morphological Pelvic Traits used for Sex Estimation

This research evaluates secular change in Phenice's (Am J Phys Anthropol, 30, 1969 and 297) three morphological traits of the pubis, as described by Klales et al. (Am J Phys Anthropol, 149, 2012 and 104): medial aspect of the ischio‐pubic ramus, subpubic contour, and ventral arc. Ordinal scores were collected for these traits and compared between a sample of innominates from the historical Hamann–Todd Collection (n = 170) and modern Bass Donated Collection (n = 129). Using the Freeman–Halton test, significant differences between temporal sample score frequencies were found for all traits in females and for the subpubic contour and ventral arc in males. Despite these findings, classification accuracy using logistic regression between the temporal periods remained low (68.7%). These results suggest that secular changes in trait expression are occurring; however, sex estimation methods using these traits and created with historical samples are still applicable to modern forensic cases. In fact, the secular changes occurring in these traits contribute to better classification accuracy between sexes in modern populations.     

试论成本会计教学改革

目前,成本会计正经历着前所未有的变化,主要体现在：成本会计技术手段与管理方法不断更新;成本会计的应用范围不断拓展。然而,现行的成本会计教学,教师在教学内容、授课手段、授课方法、考试形式等方面存在诸多问题。成本会计教学要适应时代需求,提升教学质量,实现会计教育目标,必须进行改革。     

ERP人力资源管理系统诊断

建立新型的人力资源开发与管理体系,促进企业快速发展并服务整体战略,已是现代企业发展壮大不可回避的选择。越来越多的企业开始利用ERP人力资源管理系统进行管理,但在实施与应用过程中存在一些问题,必须采取相应的措施加以解决。     

当前我国政治学研究方法的现状和反思——对九本政治学方法论教材的调查分析

政治学研究方法类教材的现状说明,近年来国内政治学研究方法取得较大进展,但仍存有五个方面的不足。此种状况要求在政治学研究方法中切实做到“五个结合”,进而建构科学的政治学方法论体系,促进政治学理论研究朝原创性和科学性方向发展。     

论对授权立法中授权行为的监控——各国现制比较及我国现制之反省

要提高授权立法的社会效益,就必须加强对授权行为的规制,明确权力秩序,确立授权禁区。另外, 授权还必须具有明确性, 对立法者必须具有他律和外部制约措施。