吸收犯之生存空间论——吸收犯之学理解释

所谓吸收犯,是指行为人在无连续意图支配下所实施的数个同质犯罪行为,因其所符合的犯罪构成之间具有特定的依附与被依附关系,其中一个不具有独立性的犯罪,被另一个具有独立性的犯罪所吸收,对行为人仅以吸收之罪论处,对被吸收之罪不再论罪的犯罪形态;其与牵连犯、连续犯质的区别分别在于数个同质的犯罪行为和无连续意图;对吸收犯的判定标准应采取排除主观上具有连续意图的同质性的数个犯罪行为的综合说;吸收犯的行为类型包括重行为吸收轻行为,主行为吸收从行为,事后不可罚的行为不宜按吸收犯论处。     

违法税务行政强制执行的程序控制及法律救济

税务行政强制执行是一种重要的政府强制性行为。违法的税务行政强制执行行为主要有主体违法、内容违法、程序违法三种。违法税务行政强制执行行为存在着认识误区,防止违法税务行政强制执行行为出现,要进行有效的程序控制,完善法律救济途径。     

Behavior Problems in Sexually Abused Children of Depressed Versus Nondepressed Mothers

Children's psychological adjustment following stressors, such as sexual abuse, is impacted by environmental variables. One such factor is parental support, which can be hampered when a caregiver suffers from psychopathology. The purpose of this study was to determine whether maternal depression would impact the children's adjustment to sexual abuse. It was hypothesized that depressed mothers would report more behavior difficulties for their sexually abused children than nondepressed mothers. Participants were 58 children (and their mothers) who were referred for trauma symptoms related to sexual abuse. Mothers completed the Beck Depression Inventory as a measure of their depression and rated their children's behaviors on the Revised Behavior Problem Checklist. The children completed the Children's Depression Inventory and the Revised Children's Manifest Anxiety Scale. Results revealed that depressed mothers reported more conduct problems, inattention/immaturity, and psychotic behavior than nondepressed mothers. Differences were not observed for mothers' report of depressive or anxious behaviors across groups. The children of depressed mothers reported increased levels of depression, but not anxiety, when compared to children of nondepressed mothers. Although both groups of mothers reported symptoms to be clinically significant, the children did not endorse their symptoms in clinically significant ranges.     

职业特点在犯罪心理痕迹中的反映

许多实际案例中现象表明职业特点与犯罪心理痕迹有内在联系,分析职业心理就要沿着现象——行为——行为定式——思维定式——职业训练的途径去思索。     

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.     

TRANSITION OR NOT?

The article focuses on a quantitative evaluation of Families In Transition (FIT), a court-mandated divorce education program. In this evaluation, the operationalization of the impact of FIT on its participants is guided by a social psychology theory. Findings indicate that parents view FIT as a valuable experience, and they gain in their attitude toward and likelihood to engage in child-centered divorce adjustment behaviors from pre- to post-FIT. Factors are highlighted, such as counseling and conflict status of the parents that affect the degree of influence of FIT. Implications for evaluations of these programs and for the structure of these programs are discussed.     

AMERICAN BAR ASSOCIATION POLICY REQUIRING LICENSURE,REGULATION, AND MONITORING OF PRIVATELY OPERATED RESIDENTIAL TREATMENT FACILITIES FOR AT‐RISK CHILDREN AND YOUTH

Well‐meaning parents send an estimated 10,000 to 14,000 at‐risk children each year to unregulated private residential treatment facilities, which for as much as $3,000 to $5,000 per month promise to modify troublesome behaviors and make bad kids good. The facilities that compose this booming, billion‐dollar business are generally not regulated, licensed, or monitored by state or federal governments; too many aspects of this alternative care system for youth are rife with mistreatment, including physical, sexual, and mental abuse by facility staff. This American Bar Association policy resolution urges state, territorial, and tribal legislatures to pass laws that require the licensing, regulating, and monitoring of residential treatment facilities that are not funded by public or government systems but offer treatment to at‐risk children and youth for emotional, behavioral, educational, or other problems or issues.     

That’s Why the Lady Lost to the Trump: Demographics and the 2016 Presidential Election

I examine the relationship between demographics and vote choice using pre-election tracking polls, exit polls, and data on the American states. A number of important findings emerge: (1) there was a fair amount of preference stability in 2016; (2) Clinton underperformed Obama in 83% of demographic groups examined; (3) at the state level, the percent of whites with low levels of education and the size of the rural population had important effects on vote choice, and both of those variables were more strongly correlated with Democratic vote share in 2016 than in 2012; and (4) while state turnout rates were moderately correlated with Clinton’s vote share, changes in state turnout rates from 2012 to 2016 did not have a substantial impact on Clinton’s performance.     

Relationship Between Self‐Injurious Behaviors and Levels of Aggression in Children and Adolescents Who Were Subject to Medicolegal Examination,

Aggression, which is defined as a behavior causing harm or pain, is a behavioral pattern typically expected in children and adolescents who are involved in criminal activities. The aim of this study was to examine the relationship between aggression and self‐injurious behavior (SIB) in children and adolescents. The study was performed in 295 cases which were sent for medicolegal examination. The mean age of the subjects was 14.27 ± 1.05 years (age range 10–18 years). The aggression levels of the subjects were determined using the Aggression Questionnaire (AQ), which is an updated form of the Buss‐Durkee Hostility Inventory. The mean total AQ score of the subjects with and without SIB was 78.04 ± 21.0 and 62.75 ± 18.05, respectively (p < 0.01). There were significant statistical differences between the two groups with respect to their subscale scores (p < 0.01). It was concluded that the levels of aggression increased in children and adolescents who were involved in criminal activities when the SIBs increased.     

论侦查学视野拓展的逻辑路径

犯罪行为是案件的开端,侦查行为及第三方行为成为行为要素中扩充的内容;侦查学所关注的案件是动态的,在把握各种类型化案件侦查规律基础上,研究不同类型案件侦查的一般方法和特殊方法;侦查主体由某个具体的侦查人员上升到包括领导层在内的整个侦查团队。这一侦查学视野拓展的逻辑路径并不是要单独提出侦查学的学科体系,相反却被侦查学学科体系所包容。