生态补偿的法律关系及其发展现状和问题

生态补偿是指国家或社会主体之间约定对损害资源环境的行为向资源环境开发利用主体进行收费或向保护资源环境的主体提供利益补偿性措施,并将所征收的费用或补偿性措施的惠益通过约定的某种形式,转移到因资源环境开发利用或保护资源环境而自身利益受到损害的主体的过程。     

Rap Music Genres and Deviant Behaviors in French-Canadian Adolescents

This study investigated the links between the preference for 4 rap music genres (American rap, French rap, hip hop/soul, and gangsta/hardcore rap) and 5 types of deviant behaviors in adolescence (violence, theft, street gangs, mild drug use, and hard drug use). The effects of peers' deviancy, violent media, and importance given to lyrics were statistically controlled. A self-report questionnaire was distributed to a sample of 348 bilingual French-Canadian adolescents (age: M = 15.32; SD = 0.9; 185 girls and 163 boys). Results indicated that rap music as a whole was linked to deviant behaviors, however the nature of the relation differed according to genres. Preference for French rap had the strongest links to deviant behaviors, whereas preference for hip hop/soul was linked to less deviant behaviors. Results are discussed within the psychosocial and sociocognitive perspectives on music influence in adolescence and also within the perspective of normative deviant behaviors in adolescence.     

PEER SIMILARITY IN DELINQUENCY FOR DIFFERENT TYPES OF FRIENDS: A COMPARISON USING TWO MEASUREMENT METHODS*

Peer similarity in delinquency has been studied extensively. But basic questions remain about measuring peer delinquency and how important the nature of relationships with delinquent peers is. This article uses data from the NSCR School Project, which has collected unusually detailed information about delinquent peers and the social networks of adolescents. We examine differences in the roles of regular friends and best friends with regard to peer similarity in delinquent behavior. We also contrast two methods of measuring peer delinquency: the conventional one of asking respondents about their peers, and the social network method, by which peers report about themselves. The results show that respondents can have best and regular friends who differ in their degree of delinquency, and that the association between respondent and peer delinquency does not differ much between friends and best friends. At the same time, our results suggest that both types of peers influence the level of respondent delinquency. Measures based on the direct network method resulted in higher estimates of peer delinquency, but in lower estimates of the association between respondent and peer delinquency.     

Routine Activities and Deviant Behaviors: American, Dutch, Hungarian, and Swiss Youth

The current investigation examined cross-national similarities and differences in routine activities, measures of deviance, and their relationship in representative samples of 7,000 adolescents aged 1519 years (mean age: 17.5 years) from Hungary, the Netherlands, Switzerland, and the United States. For the majority of youth, most of their time was spent in solitary activities, followed by peer activities, community/sports activities, and family activities; Hungarian youth reported spending a much greater amount of time with the family than adolescents from other countries, while Dutch youth spent far more time in solitary activities than their peers. Rates of total deviance were remarkably similar for American, Dutch, and Swiss youth; Hungarian youth reported substantially lower rates than all other adolescents. Finally, findings indicated that routine activities accounted for 18% for males and 16% for females of the variance explained in total deviance. Furthermore, with the exceptions of alcohol and drug use, country had very little or no explanatory power in deviance. The current study suggests that the utility and the explanatory power of the routine activities framework replicates across national boundaries.     

De-democratization in Hungary: diffusely defective democracy

Scholarly attention has started to shift from democratization and democratic consolidation to trends of democratic deconsolidation, backsliding, regression, and erosion. This article examines Hungary as a deviant and exemplary case for understanding de-democratization. The starting point is the literature on defective democracy, which provides a unified framework of analysis for the causes and the outcomes of democratization. However, as the case of Hungary shows, de-democratization is not simply the mirror of democratization. In Hungary, both the outcome and the process of de-democratization defy expectations. The democratic defects do not conform to any of the standard types, instead resembling a “diffusely defective democracy”. Moreover, existing explanations fail to account for their emergence. The case of Hungary indicates that our knowledge of democratization may be a poor guide to understanding de-democratization.     

刍议网络赌博犯罪的特点、构成要件及立法完善

网络赌博犯罪是一种新型犯罪形式,凭借其犯罪成本低、风险小、利润丰厚等优势,而在全球迅速蔓延。相对于传统赌博罪来说,网络赌博罪隐蔽性更强、监控难度更大、犯罪来势更猛、危害更加严重。相较于前者,网络赌博犯罪的构成要件有其自身的独特性。当前,现行刑法、司法解释以及行政法规在规范网络赌博犯罪方面还存有不足。应该积极寻求刑事法律冲突的国际协调和合作,并尽快完善赌博罪的相关立法。     

垄断行为入罪之实体与程序问题研究

我国《反垄断法》对垄断行为并未规定刑事责任,这对垄断行为的防治不利,同时也不符合国际通行做法和我国的立法习惯。垄断行为由于其严重的社会危害性和刑罚的无可避免性应当入罪。根据我国实际,应在慎刑原则的指导下从严控制适用范围和刑罚力度;同时设计特定的刑事诉讼程序,以利于对垄断犯罪行为的防治和查处。     

青少年偏差行为的成因概述

个体内因、同伴关系影响、家庭环境濡染及社会环境影响,无疑是青少年产生偏差行为基本的原因层面。从多学科视角看,在个体内因层面中,包含着行为遗传、生命意识缺失、归因偏差、应对方式偏颇等因素;在同伴关系层面中,核心的问题是青少年心理和行为上的二元性;在家庭环境层面中,主要有家庭功能缺失和家庭功能过度介入两方面因素;在社会环境层面中,应特别关注互动模式和传媒导向两大因素。     

论绑架罪的既遂标准

关于绑架罪的既遂标准，理论界存在“犯罪目的实现说”、“目的行为完成说”与“绑架行为完成说”的分歧。因为犯罪既遂的判断应以“构成要件说”为准，而绑架罪在客观方面又只需具有绑架他人的单一行为，所以绑架罪既遂的标准应是绑架行为的完成。     

Effect of Gas Chromatography Temperature Program on the Association and Discrimination of Diesel Samples*†

Abstract: Five diesel samples were analyzed by gas chromatography–mass spectrometry (GC‐MS) using six GC temperature programs, aiming to investigate the effect of temperature program on association and discrimination of the samples. Temperature programs varied by ramp rate and incorporated one‐ or two‐step temperature ramps. Pearson product moment correlation coefficients and principal components analysis were used to evaluate differences in discrimination among the diesel samples afforded by each temperature program, based on the total ion chromatogram (TIC) and selected extracted ion profiles (EIPs). Association of diesel replicates and discrimination among samples based on the TIC and aromatic EIP were similar for all temperature programs based on scores plots. The alkane EIP was not useful in discriminating samples regardless of temperature program, because of similar alkane content of the diesel samples. The association and discrimination of diesel samples was largely unaffected by temperature programs that incorporated one‐ or two‐step temperature ramps.