我国应收账款质押制度初探

当今社会,由于经济和法律的发展,出现了“权利爆炸”风潮,促使担保物权领域内,权利质押标的日益呈现出扩张趋势,在实践中得以广泛运用的不仅仅是《担保法》第75条所列举的权利能够质押,大量的未列举的权利质押类型根据市场经济的需要也应运而生,如基金质押、应收账款质押、收费权质押等等。这些新型的质押类型已经成为现实生活中方便、快捷、有效的担保方式,其发展前景和应用领域也将逐步凸现。     

Prison sentences: last resort or the default sanction?

ABSTRACT

This paper discusses the sentencing purposes for penal penalties, judges’ perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges’ positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these views is then critical for several practical and political purposes, including bridging the gap between academic discourse and legal practice. We accessed judges’ views on penal sanctions through a questionnaire and an interview. Our sample is compounded by the judges of the criminal courts from the three major cities in Portugal. Despite the most recent criminological empirical knowledge, judges valued imprisonment as the most adequate sentence, both for different crimes and for different judicial purposes. This result is not consistent with viewing imprisonment as a ‘last resort’ solution. Indeed, we did not find this ‘last resort’ position in our data, and it is not apparent in the judicial statistics on imprisonment rates. Our data highlight the importance of increasing judges’ training on criminological and sociological issues as well as the importance of changing the influence of their personal beliefs regarding penal sanctions into research-based positions.     

高校心理健康与思想政治教育差异及融合研究

目前,高校心理健康教育与思想政治教育二者在教育目标、理论基础、基本内容、工作方法以及工作主体等方面都有着明显的差异。同时,大学生的思想品德和行为问题往往是心理问题和思想问题相互交织。心理健康教育与思想教育有机结合的对策主要包括:教育目标和内容的有机结合;综合利用教育资源,形成立体教育网络模式;培养高校辅导员掌握一定的心理健康教育技能;加强思想政治教师的心理健康素质培养;建立心理档案,为思想政治教育提供参考依据与技术支持;不同社会文化的冲击下,健全完善学生人格。     

Predictors of receiving counseling in a national sample of youth: the relative influence of symptoms,victimization exposure,parent–child conflict,and delinquency

This paper identifies factors that predict children’s use of counseling services within a 2-year period. Using two waves of data from a national survey of 1009 youth age 6–17, we describe differences in utilization by demographic characteristics and compare receipt of counseling between children who scored high versus lower on: (1) levels of mental health symptoms, (2) multiple victimization exposure; (3) levels of delinquency; and (4) parent–child conflict. Multivariate logistic regressions were also performed to examine the relative and independent effects of a these factors on receiving counseling. Results indicate that counseling was received by only one- quarter or less of the 10–17 year olds and one-third or less of the 6–9 year olds with the highest levels of symptoms, victimization or delinquency. For the 10–17 year olds, delinquency and parent–child conflict were better predictors of treatment than were mental health symptoms or victimization exposure. In contrast, younger children (age 6–9) were most likely to receive counseling if they lived in a single parent or stepfamily household. The findings suggest that more counseling should be made available to distressed and victimized children, particularly those who do not engage in high delinquency and conflict which tend to promote referral.

Mentally disordered offenders and the European Court of Human Rights

Mentally disordered offenders find themselves at the intersection of the healthcare system and the criminal justice system in most European countries. Decisions on their care often involve lengthy discussions in relation to care versus control in society. In this article, the focus is on one aspect of this debate — that of human rights. An analysis of cases, taken to the European Court of Human Rights by mentally disordered offenders, demonstrates the difficulties inherent in ensuring appropriate care to individuals and safeguards to the public at the same time. The issues raised include the problems raised by indeterminate sentences, the use of detention for preventive purposes, and debates about treatment.The countries represented in this selection of cases are Belgium, Norway, Poland, the Netherlands, Russia and the United Kingdom.     

Dating Violence Victimization,Relationship Satisfaction,Mental Health Problems,and Acceptability of Violence: A Comparison of Men and Women

Two of the most common reported consequences of dating violence are its impact on the victim’s satisfaction with their romantic relationship and its impact on the victim’s mental health. Recent research suggests that the strength of these relationships may be moderated by the degree to which the dating violence is acceptable to the victim. However, studies of these relationships have been limited to samples of women. The purpose of the present research was to examine the relationships among dating violence victimization, relationship satisfaction, mental health problems, and acceptability of violence for a sample that includes not only female victims, but also male victims. Using a sample of 155 male and 417 female college students, hierarchical regression analyses found that dating violence victimization is associated with relationship satisfaction and mental health problems for both men and women. For men, acceptability of violence moderated the relationship between dating violence victimization and the mental health problems of depression, anxiety, and somatization. For women, acceptability of violence moderated the relationship between dating violence victimization and relationship satisfaction only.

论刑事被害人的心理损害及其援助

刑事被害人的心理损害是被害人心理学的一个重要研究课题，但由于受到当前以预防犯罪为主的刑事政策的影响，这一课题一直没有得到应有的重视。刑事被害人心理损害有明确的范围，分析研究其产生形成的原因和表现症状，在此基础上，提出制定相应的被害人援助方案。     

妨害清算罪疑难问题探讨

本文就新刑法第 1 62条关于妨害清算罪的规定 ,依罪刑法定的原则 ,从犯罪构成的角度就该罪的立法以及司法适用上的几个主要问题进行了详细分析 ,阐明了完善该罪的立法建议 ,以切实保证该罪立法的刑法目的的实现。     

Not‐for‐Profit Advocacy: Challenging Policy Images and Pursuing Policy Change

The not‐for‐profit sector has long played an important role in the policy process through encouraging political engagement, policy research and advocacy, and service delivery. This paper examines two not‐for‐profit organizations, National Children's Alliance and National Alliance on Mental Illness, both of which are grassroots organizations formed to radically change public and professional perceptions of their respective issues and reform the way services are offered to those in need. Borrowing from the literature on policy image and agenda setting, we identify the strategies used by these two highly successful not‐for‐profit groups in their efforts to change the system through redefining problems, reframing issues, and securing legislation with the help of policy entrepreneurs and politicians sympathetic to their causes.