法律文书中的模糊词语初探

法律文书在大量使用确切性词语的同时,还必须适当选用模糊词语,选用模糊词语的目的其实也是为了更确切的表意。法律文书在表述难以具体确定的时间空间、无法或不必确定的程度范围、难于或无需准确描述的频率数量、带有预测推断性质的内容情节、不便或不宜直言的情景事实等状况时宜用模糊词语。运用模糊词语可以使法律文书的语义更确切、表述更严谨、文风更庄重、章法更协调。法律文书在使用模糊词语时一定要注意不能超越一定的“模糊度”,不能偏离具体的题旨语境,不能忽略其与确切性词语的对立统一。     

Personal Criminal Victimization in the United States: Fixed and Random Effects of Individual and Household Characteristics

The present research is concerned with multilevel modeling of personalvictimization rates. Data from the 1994 National Crime Victimization Surveyare employed. Following the routine activities and lifestyle victimizationtheory, individuals' profile and lifestyle as well as characteristics oftheir household comprise the set of explanatory variables. The results ofestimated multilevel negative binomial models, which explicitly disentanglethe unexplained heterogeneity between individuals and between households,are discussed. The estimated random effects of household characteristicsshow that the unexplained heterogeneity for the average number of personalcrimes differs across household types. Further, the individual covariateswith between households random effects become less influential the more thebase personal crime rates are high.     

Developmental Trajectories and Intentional Actions

The article turns a critical eye on problems arising from use of largesamples and complicated statistics to handle multilevel designs. I arguethat although these have a legitimate role to play in discovering causalrelations, valuable information can be lost or distorted in the processof their use. Exploratory classification and tree diagrams show howtransitional analyses can unpack effects of community, family, priormisbehavior, juvenile delinquency, and incarceration on adult criminalbehavior. The analyses showed that in the worst neighborhoods, disruptivebehavior had little discriminating power with regard to juveniledelinquency or adult crime. They showed also that good family interactionsserve as protection against crime in all types of neighborhoods. ConstructTheory, I suggest, is a way to understand the influences that seem toproduce criminal behavior.     

Identifying Southwest Hispanics using nonmetric traits and the cultural profile

Due to the increasing number of Southwest Hispanics in the United States, as well as the overwhelming number of foreign nationals that die every year trying to enter the United States along the southern United States border with Mexico, new methods for classifying individuals have been established at the Pima County Office of the Medical Examiner in Tucson, Arizona (PCOME). For each of the past 5 years, the PCOME has investigated a record number of deaths associated with these border crossings. The overwhelming majority of the identified decedents are Mexican Nationals. However, approximately 25% of these undocumented border crossers have yet to be identified, making it clear that improved methods for human identification are greatly needed. The first goal of this paper is to delineate the suite of skeletal nonmetric traits utilized in assessing Southwest Hispanic ancestry at the PCOME. This suite of nonmetric traits has proven to be an effective component in establishing the "biological profile" of unknown individuals in these cases. The second goal of this paper is to introduce methods used at the PCOME to establish the "cultural profile" of individuals in these cases. The "cultural profile" is a set of identification criteria that include: the geographic context of recovery, personal effects, dental health, and cultural accoutrements. Establishing the "cultural profile" in these cases is essential in identifying individuals as foreign nationals who have died trying to cross the border.     

论我国“公务员热”的成因与现实影响

公务员制度的实施是我国人事行政规范化、法制化、科学化的标志。自该制度实施以来,公共职位的竞争日趋激烈。过度的竞争源自于民族文化和经济利益多种因素,这种状况对政府自身和社会既有积极有利的一面:有利于危机意识、竞争意识和成本意识的形成;又会产生消极有害影响:就业的反示范效应与行政成本的激增。     

从欧美经验谈我国反垄断法域外适用的立法定位

从各国反垄断法域外适用的实践情况来看,它既有成功对抗反竞争行为维护竞争秩序的一面,又有引起国家间冲突,不能完全实现其所追求目标的一面。在我国的反垄断立法过程中,我们首先应采用灵活的域外适用原则,而不局限于固定的模式;同时采用双边协定与多边协定并用的方式来解决域外适用中的冲突。     

Effects of older brother-younger sister incest: A review of four cases

This study describes the self-reported histories of four women who experience long-term negative effects from childhood incest with their older brothers. In all of these cases the women describe symptoms of low self-esteem and guilt, in relation to their role in the incest. Other perceived long-term harmful effects vary according to the amount of force or coercion used by the brothers, the duration of the incest, and parental response to the incest. These include depression, difficulties with trusting others, and sexual dysfunction. The women also describe the dysfunction in their families-of-origin that contribute to their perceptions of the incest.     

Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a composite construct, stratification resources, which works to the greater advantage of whites. Prior record is also found to operate to the greater advantage of whites. Two further variables, dangerousness and community ties, increase bail severity among blacks and whites. While the effect of community ties has been legally legitimized since the Bail Reform Act of 1966, the effect of dangerousness was not so legitimized until the Bail Reform Act of 1984. However, because our data precede the latter act, they confirm that this act simply reinstitutionalized earlier practice. Meanwhile, our race-specific findings may explain why although this and earlier studies find negligible main effects of race on criminal justice outcomes, black Americans nonetheless perceive more criminal injustice than do whites. In the criminal justice system, as in other spheres of American society, whites receive a better return on their resources, but our findings that the statutory severity of the offense and dangerousness work to the relative disadvantage of white defendants challenges conflict and labeling theory's one-dimensional characterization of black defendant disadvantage.     

关于韩国“入关”和“入世”情况的研究与思考

目前,人们对中国加入WTO可能产生的影响有种种分析。笔者在本文中从其他一些国家的实际经历中得到的启思,就韩国“入关”、“入世”前后的经历作了综合研究,并就有关问题发表了个人的思考与启思。     

Value Congruence and Convergence Within Voluntary Associations: Ethnocentrism in Belgian Organizations

The observation of a positive relation between social interaction and tolerance levels is routinely explained by invoking a contact mechanism: interaction with different groups within society leads to abandoning prejudices toward that group. Because of typical high group homogeneity within associations, it seems unlikely that this mechanism could explain the positive effect of associational involvement on tolerance. Therefore, we propose a second, cultural mechanism to explain this relation. Based on the social-psychological process of value convergence, it is assumed that associations where tolerance is perceived as a salient and constitutive value will strengthen this attitude, even if these associations are homogeneous. An analysis of Belgian survey data (N = 1,341) suggests that not all kinds of associations have a negative effect on ethnocentrism, but only rather homogeneous associations with highly educated members and, therefore presumably initially low levels of ethnocentrism.