认罪认罚从宽制度的根基、困惑与走向

认罪认罚从宽制度完善改革离不开刑事司法理念上的革新与发展:分配正义、宽严相济刑事政策、诉讼效率、诉讼认识论、实用主义等可为其提供理论、政策支撑;但也会产生与罪刑相适应、无罪推定、实体真实诉讼目的、反对强迫自证其罪等基本理论原则的冲突问题,并有解构诉讼构造、消弭法官独立调查事实的可能性;可从坚守罪刑相适应原则基本内涵,依靠罪刑法定、证据裁判、反对强迫自证其罪原则,确保审判中心主义改革要义等方面实现理论协调与发展。     

刑罚威慑的理论重构与实证检验

\"刑罚具有有效的威慑效力\"这一论断被广泛认可,但是与此形成反差的是,关于刑罚威慑的研究并没有充分展开。既有的研究常常聚焦于理性人假说的循环论证,并将刑罚威慑等同于利用刑罚严厉性进行威慑,忽视对刑罚威慑实际效果的实证检验。在理论构造上,刑罚威慑由于依托于潜在犯罪人对刑罚的主观感知因而具有复杂的因果路径,其可以通过严厉性、确定性以及及时性三个维度对犯罪发挥遏制作用。运用\"动态因果模型\"对我国36年来犯罪与刑罚的互动关系所展开的实证研究显示,刑罚的各个维度对严重的暴力犯罪均没有威慑效力。对一些非暴力的财产犯罪,刑罚确定性则具有稳定而显著的威慑效力。在刑罚严厉性的维度中,仅有提高收监率可以低程度地增加威慑效力,而提高重刑率不但不能起到遏制效果,反而会对许多类型的犯罪起到促进作用。     

Assumptions about children's best interests

The family justice system operates with a set of presumptions and assumptions about the welfare of the child which are assumed to be based on 'scientific' knowledge and which, therefore, are further assumed to carry the authority of both science and law. In practice, the result is that those working within the family justice system use powerful 'legal'notions whose provenance is often taken for granted and whose authority is unchallenged. Drawing on the different sets of assumptions operating in the family justice system and the youth justice system, this article explains, however, that law responds to messages originating in external discourses, notably science and politics, only in so far as its functions require and only in ways which 'fit'into legal communications. Viewed in this light, the presumptions are seen as working guidelines which should only be used with great care when dealing with the lives of children and young people. Whilst acknowledging that a full investigation of all children's cases would not be feasible, this article therefore argues for greater attention to the applicability and validity of prevailing presumptions.     

Rethinking responses to 'domestic violence' in Australian indigenous communities

The United Nations' response to violence against women was to adopt the Declaration on the Elimination of Violence against Women in December, 1993 that recognized indigenous women to be especially vulnerable to violence. Australia's initiatives during the 1990s included criminal justice reform, crisis service provision and community-based mediation programmes that have not proved altogether helpful for indigenous women. Given the intractable nature of violence against indigenous women, this paper holds that community-based programmes cannot work in isolation from criminal justice intervention. An approach to male-to-female violence, that views the criminal justice system not only as a means of punishment, but also as an institution for expressing human rights norms is advocated.     

Gender,Sexuality and the Theory of Seduction

Fletcher seeks to readdress the sex-gender-sexuality distinctions and the Lacanian theorization of sexual difference in the framework of Jean Laplanche's generalized theory of primal seduction. In particular he addresses the double-bind of phallocentrism, as outlined by Jacqueline Rose and Juliet Mitchell, that seems to be entailed by the requirements of a symbolic, constructionist account of the unconscious and the divided subject. He argues that Laplanche's generalized theory of seduction elaborates an account of the formation of the unconscious as a separate mental system and of the sexual drives as a result of the signifying relations with the other, the adult other of personal pre-history, and of the consequent entry into symbolization. This moment of seduction/translation/primal repression is rigorously distinguished from the secondary moments of the Oedipus and castration complexes which are conceived as secondary forms of binding and translation of the enigmatic signifiers implanted by the adult (which includes assignations of gender). Fletcher argues that the symbolic, constructionist requirement is met - no castration without representation - without its reversal as in Lacanian theory into the very different, phallocentric position - no representation without castration. This has important implications for the theorization of dissident sexual subjectivities as well of the specificity of female sexuality.     

Justice for Juveniles

正Scholars call for a distinct juvenile justice system to increase delinquents’chances of rehabilitation The brutality committed by a 10-yearold girl in southwest China’s Chongqing Municipality that was captured on a surveillance camera shocked the country late last year.On the afternoon of November 25,2013,the girl entered an elevator and unexpectedly picked up a one-and-half-year-old boy when he went following his grandmother and was left.In the video footage shot by the