挂失并取走自己出借银行卡内钱款行为的刑事法律定性——以法律关系的分析为路径

借卡人与名义持卡人之间存在事实行为形成的债权债务关系；名义持卡人与银行之间存在法律行为所形成的债权债务关系；借卡人与银行之间不存在影响行为定性评价的法律关系。所以，挂失并取走他人存在借用本人银行卡内钱款的行为在民法层面，只是不履行债务行为的一种，并且这种不履行完全属于当事人意志之外的不履行，因此缺乏对该种行为进行刑法规制的必要性。     

定性变量指数的编制及其监狱安全事故评估研究

在讨论单一现象动态总指数与多现象静态总指数分类的基础上,介绍了针对伴随安全事故发生的变量多为定性的非数值型变量的特点,怎样运用静态总指数方法编制监狱安全事故指数,并通过案例实证了运用指数评估监狱安全的实际意义,最后对研究成果的理论意义作出了客观评价。     

性别与方法：女性学者的质性研究路径

在经验研究中常常会发现，女性学者偏好选用质性研究方法探讨女性话题。通过比较国内外研究趋势发现，性别与研究方法偏好之间只是阶段性的相关；诸如父权制、消费社会、大众传媒等“想象的他者”是女性学者构建理论解释的重要切入点；而研究关系中，研究主体对研究客体的“情感剥削”与研究客体对研究主体的“权威依赖”，对于具有“天然优势”的女性研究者亦不能幸免，继而引发了对质性研究本土化及学者自省性的反思。     

我国有关行政犯性质的学说及其评析

我国有倾向于质的差异说、倾向于量的差异说、倾向于质量差异说及双重性质说等四种较具代表性的行政犯性质学说。在我国,对行政犯性质的认定,则既要在立法上区分何种行为构成犯罪,何种行为仅构成秩序违反行为,又要在解释论上解决行政犯是否排除部分普通刑法总则的适用问题。     

Talking about radicalization

ABSTRACT

This article seeks to build a bridge between the criminological tradition of research on hard-to-reach groups and sensitive topics and the tradition of critical research on radicalization. As a result of the hard-to-reach character of so-called radicals themselves, the article analyzes interview experiences with ‘professionals’ working within the prevention of radicalization and other actors. This article discusses the experiences connected to the preparation and unfolding of the interviews on the sensitive topic of radicalization and illustrates how interviews and questions designed to gather knowledge about radicalization processes among Muslims in Denmark often became a discussion about the concept of radicalization itself. This article shows that making use of the concept of radicalization is problematic in interviews as it is embedded in the Danish political discourse on immigration, Muslims and Islam. This article reflects on researcher positionality and how being a white ethnic Danish researcher might have caused an underestimation of how problematic the concept is to people directly involved with it, and that speaking from such a researcher positionality also can make the concept of radicalization seem even more problematic.     

‘Monsters don’t bother me anymore’ forensic mental health service users’ experiences of acceptance and commitment therapy for psychosis

Acceptance and Commitment Therapy for psychosis (ACTp) is an approach that aims to change the relationship an individual with psychosis has with difficult thoughts, emotions and experiences. It promotes the use of acceptance, defusion, mindfulness and focussing on valued outcomes as opposed to struggling with psychotic experiences. This service evaluation project explored service users’ experiences and meanings of ACTp within a medium secure mental health service. Thematic analysis was used to analyse interviews with 10 male service users. Four main themes emerged from the data: ‘Recovery’, ‘Insight’, ‘Developing Skills’ and ‘Accessibility’. Overall, service users viewed their experience of ACTp positively and identified encouraging therapeutic outcomes. These findings suggest that ACTp is an approach that should be considered a therapeutic option within forensic mental health contexts. These outcomes were compared with previous research findings. Limitations of the study, clinical implications and ideas for future research have been discussed.     

Colliding intervention in the spatial management of street-based injecting and drug-related litter within settings of public convenience (UK)

This paper considers the structural production and amplification of tensions surrounding the issue of street-based injecting drug use and drug-related litter (injecting paraphernalia) discarded in public settings. These tensions, it is argued, is a consequence of colliding intervention (policy and practice) brought about by conflicting connections between national/local drug strategy and micro-level forms of governance regarding the spatial management of public space. These colliding interventions have negative consequences upon harm reduction and the formation of enabling environments. The paper draws upon data obtained from a five-year (multi-site) ethnographic study of street-based injecting conducted throughout the south of England during 2006–2011.     

Resurgent authoritarianism: the case of Russia's new NGO legislation

Following the protest demonstrations of the 2011–2012 electoral cycle, tensions between the limited modernization efforts of Medvedev and the resurgent authoritarianism of Putin have become increasingly manifest. These are seen not only in the relationship between society and the state, but also in the “para-constitutional” institutions of the dual state. This article argues that whereas Medvedev created an arena for liberalization within these para-constitutional structures, Putin has firmly rejected these policies, among other things by revising the 1995 law on NGOs amended in 2006. Using the perspective of the dual state, the article argues that with the introduction of the Law on Foreign Agents (2012), the original law draft On Public Control (2014), a key element in Medvedev's modernization program, was delayed and substantially altered. Together, these amendments create precarious conditions for NGOs, pressuring their independence by threats of dissolution and reducing the quality of civil control over state organs.     

Structural discrimination and social stigma among individuals incarcerated for sexual offenses: Reentry across the rural–urban continuum

The stigma associated with a felony conviction can impede the reentry process, and emerging research findings indicate that one's community can amplify or temper the mark of a criminal record. Researchers examining criminal stigma have focused on individuals living in urban areas, overlooking the experiences of persons outside these communities. Using qualitative data collected from a sample of men and women paroled for sexual offenses in Missouri, we contrast how social and structural stigma alter the reentry experiences for participants living in communities along the rural and urban continuum. The results show that the stigma of a sex offense conviction was a near‐universal experience and residence restrictions stymied efforts to find housing. Residents of urban areas and some large cities felt that the community offered relative anonymity from stigma but the stress of their status being discovered was omnipresent. Participants in rural areas and small cities had less social privacy and reported being shunned in the community, although strong social ties did mitigate some of the consequences of stigma. The results highlight the importance of considering place when studying reentry and have implications for designing correctional policies to address the needs of residents returning to non–metropolitan locations.     

JUDICIAL ROTATION AS CENTRIPETAL FORCE: SENTENCING IN THE COURT COMMUNITIES OF SOUTH CAROLINA*

Courts as communities theory emphasizes the sentencing differences that can arise between localities within a single state. The results of published studies have highlighted how local differences emerge based on informal sociological and political processes defined by the communities perspective. The findings from recent quantitative studies from South Carolina have revealed notably less county variation in sentencing than has been observed elsewhere. I use qualitative interviews with 13 South Carolina trial judges to investigate sentencing processes and to shed light on these findings. The interviews explore the state's legal structure and culture, including the practice of circuit rotation in which judges travel among counties holding court. The results suggest rotation serves as a centripetal force of sentencing culture, homogenizing what might otherwise be a more varied collection of county‐specific norms. Rotation leads to increased uniformity through judge shopping and the cross‐pollination of ideas and norms. Defendants can strategically judge shop and plead in front of a lenient judge—a process that gives rise to the term “plea judge,” which is a label for the most lenient judges who sentence a large number of defendants. Rotation also increases the interactions among judges and prosecutors, expanding networks and grapevines, and leading to cross‐pollination and the sharing of ideas.