How well ordinary citizens understand democracy: the case of the South Korean electorate

How do mass citizens understand democracy? Are they capable of distinguishing it from its non-democratic alternatives? Does their understanding about democracy matter? To reveal the contours of cultural democratization in South Korea, this article addresses these questions largely overlooked in earlier survey-based studies. Analyses of the 2010 Korea Barometer survey indicate that all segments of the Korean electorate, including the young and the college-educated, are neither accurately nor fully informed about what distinguishes a democratic regime from its non-democratic alternatives. Moreover, the study provides strong evidence of democratic learning in that an increase in democratic knowledge leads to committed support for democracy. The findings together imply an urgent need to improve the quality of civic education for the development of democratic political culture in Korea and new democracies.     

Gender and Professional Values in the Criminal Bar

ABSTRACT

This study is a theoretical application and empirical test of difference theory in the context of private criminal law practice. Difference theory posits that gender is associated with variation in perspectives on justice and morality, and examination of mainstream professional values in the legal system reveals those values to emphasize what are thought to be masculinist values. Hence it is hypothesized that female lawyers will depart from male norms in their expressions of professional values. Results of a survey of practicing lawyers reveals limited support for these theoretical predictions; although male respondents express more extreme advocacy of due process and defendants' rights, women and men differ little in their attitudes toward punishment issues and cynicism regarding defendants.     

论我国紧急状态法制的实现条件与路径选择——从反思应急法律体系切入

紧急状态法制对于解决宪法上紧急状态制度的虚置问题,推动应急基本法的结构性调整,填补应急法律体系中的制度断层,提升其体系内部各个层次、各个相关条款之间的融贯性,有着十分紧迫的现实意义。经过理论条件和现实障碍的细致论证,可以推导出我国紧急状态法制的实现条件极为特殊,寄希望于短期内制定一部统一的《紧急状态法》似乎不具备可行性。从完善应急法律体系的整体考量,可以将紧急状态法制的任务一分为二,按照实体分散和程序统一的思路分别展开实质性构建,同时发挥“情境化”规范进路的聚合效应,打破分散的形式结构体系,在超常规应急治理(紧急状态)情境中实现规范内容的实质统一。     

APPLYING A GENERAL STRAIN THEORY FRAMEWORK TO UNDERSTAND SCHOOL WEAPON CARRYING AMONG LGBQ AND HETEROSEXUAL YOUTH

Lesbian, gay, bisexual, and questioning (LGBQ) youth are at a higher risk for school victimization, social isolation, and school weapon carrying compared with their heterosexual peers, yet few studies have been conducted to investigate their experiences. By using a general strain theory (GST) framework, data from the Youth Risk Behavior Survey (YRBS) statewide probability sample of Delaware heterosexual (n = 7,688) and LGBQ (n = 484) youth in grades 9–12 show that there are both similarities and differences in the factors associated with school weapon carrying among LGBQ and heterosexual youth. LGBQ and heterosexual youth's weapon carrying is related to school victimization, but social support does not moderate the relationship between school victimization and school weapon carrying as suggested by GST. Furthermore, being male is significantly related to heterosexual youth's weapon carrying, but sex is not related to weapon carrying among LGBQ youth. Overall, the results highlight a need to reconceptualize GST to help center the experiences of LGBQ youth, a historically marginalized group, within mainstream criminological literature. Theoretical and policy implications are discussed.     

Polygamy In Family Court: A Resource For Judges Dealing With An Unfamiliar Family Structure

Cases concerning polygamous households can present difficult challenges for family courts. Though a growing number of Americans practice polygamy, the lifestyle still remains shrouded in mystery. Many polygamists are religious (and sometimes racial) minorities that have suffered from discrimination. The most influential judicial precedents concerning polygamy come from the nineteenth century and are tinged with religious and racial stereotypes, which can make judges uncomfortable with citing those decisions. There is a need for reliable, unprejudiced, and up‐to‐date information about polygamy that judges can cite while maintaining an image of objectivity and impartiality. This Article seeks to provide that resource. It provides information about the evolutionary influences that shape polygamy, how polygamy is practiced in the modern world, and common problems affecting polygamous households that judges should be aware of.     

Performance characteristics of commercial Y-STR multiplex systems

In this work, a number of performance checks were carried out to evaluate the efficacy of commercial Y-short tandem repeats (Y-STR) kits for casework applications. The study evaluated the sensitivity, specificity and stability of the Y-STR markers used and the ability to obtain a male profile from postcoital samples taken at various time points after intercourse. All systems performed well with 1-3 ng of male DNA as recommended by the manufacturers. All systems gave full profiles at 100 pg of input DNA, which is within the realm of low copy number DNA analysis. Moreover all, except Y-Plex12, gave full profiles with 30-50 pg of male DNA. No increased performance was obtained with any of the systems by increasing the cycle number beyond that recommended by the various manufacturers. When up to 1 microg of female DNA was used (in the absence of male DNA) no female DNA cross reactivity was observed with the Y-Plex 12 and Y-Filer systems. PowerPlex Y produced female DNA derived products near the DYS438 and within the DYS392 loci at a rare allele position with high input DNA levels (300 ng and 1 microg, respectively). Male/female DNA admixture experiments indicated the particularly high specificity of the Y-Filer and PowerPlex Y systems under conditions of several thousand fold female DNA excess. All systems were able to detect the minor alleles in male/male DNA admixtures at a 1:5 dilution with the PowerPlex Y and Y-Filer being able to detect some minor alleles at 1:20. Species testing indicated some limited, minor cross reactivity of the commercial systems with some domestic male mammals although it is easily recognizable and would not pose any problems in casework analysis. As expected a significant number of cross-reacting products were obtained with nonhuman primate species. All Y-STR multiplex systems tested were able to produce complete Y-STR profiles from bloodstains and semen stains exposed up to 6 weeks when the samples were protected against precipitation and sunlight. However, exposure of the samples to precipitation either in the presence or absence of sunlight resulted in Y-STR profile loss over time, with total profile loss occurring with all systems after 3 weeks or more. Complete Y-STR profiles of the male donors up to 72 h postcoitus were obtained with all of the multiplex systems tested, except for Y-Plex12, which gave partial profiles.     

浅论“洋葱效应”与系统论视角下的维稳工作

在系统论的视角下,运用"洋葱效应"理论分析研究维稳工作具有十分重要的意义。以"洋葱效应"为启示,可以在维稳工作中及时发现和排除不稳定因素,整合多方维稳资源和各种有利条件,前瞻和预测维稳工作发展方向;以"洋葱效应"为提示,可以在维稳情报信息工作中严密情报信息的收集范围,增强情报信息的综合研判,推动情报信息的共建共享。     

构建我国特色法院附设调解制度——基于我国调解改革实践的思考

法院附设调解制度在我国至今尚无法律规定,但在司法改革过程中已涌现出了法院附设调解室等类似法院附设调解的非诉讼纠纷解决模式.总体看来,这些改革卓有成效,但缺乏成熟的制度设计和法律支持,亟待得到法律层面的承认与整合.在吸收部分法院实践成果的基础上,我国需要构建融合诉前调解和审前调解的特色法院附设调解制度.     

我国安全生产立法研究

安全生产关系国计民生、社会和谐甚至政权的稳定,改革开放后我国经济飞速发展,而安全生产事故也随着经济的发展呈逐年上升趋势,并由此产生了种种法律的、伦理的、社会的问题,我们正处于社会转型时期,影响安全生产的现实因素是复杂多样的,但法律应当是政府规制安全生产的最终也是最有效的选择。     

四川彝族地区少数民族纠纷解决机制的启示

对四川省乐山市的峨边彝族自治县、马边彝族自治县,凉山彝族自治州的布托县等地进行的少数民族纠纷解决机制问题的调查采用了实地走访与问卷调查相结合的方法。问卷调查分为三类。即当事人类、民间权威类、官方权威类。对纠纷类型与数量、纠纷解决主体、当事人对纠纷解决主体的选择、纠纷解决依据、纠纷解决方式等进行了分析。以调解为主的传统纠纷解决方式在彝族的大部分地方仍占据主要地位,特别是在民事领域,同时纠纷的现代解决方式在城市的彝族与汉族之间有一定的市场。近年来对彝族之间的刑事纠纷,国家也加大了干预力度。我们应该重视本土资源,特剐是以情、理、习惯等为代表的民间法,以实现国家法与民间法的良性互动;实现纠纷的传统解决模式与现代解决方式的衔接;从而实现多元化纠纷解决机制的构建。