食品安全犯罪罪过形式探析——以风险社会为视角

面对风险社会中严峻的食品安全形势,作为法益保护重要工具的刑法,如何有效防范和控制风险是其自身的重要使命。但从我国现阶段食品安全犯罪刑事立法现状来看,由于其对此类犯罪所规定的罪过形式过于狭窄,导致无法有效防控。因此,应在适应社会发展需求的基础上整合立法资源,实现自我完善。     

NEIGHBORHOOD STRUCTURE AND RACE‐SPECIFIC RATES OF INTIMATE ASSAULT*

Addressing the methodological shortcomings of extant research on the racial invariance thesis, race‐specific rates of intimate assault are examined across census tracts in Hamilton County, Ohio. We extend Miles‐Doan's (1998) approach to examining neighborhood structural effects on intimate assault rates in order to test the racial invariance thesis. Findings reveal comparable effects of neighborhood disadvantage and population age structure on assault rates for African‐American males and white males, yet a stronger effect of “disinvestment” (in marriage and in neighborhoods) on rates for African‐Americans. These results conflict with previous city‐level analyses demonstrating stronger structural effects on other violent crime rates for whites.     

CRIMINOLOGICAL KNOWLEDGE: PERIOD AND COHORT EFFECTS IN SCHOLARSHIP

Period and cohort effects are explored in regard to criminological knowledge. Hypotheses are inspired by biographies and by research in the sociology of knowledge, based on Karl Mannheim's essay on generations, Maurice Halbwachs' partly conflicting arguments about the presentist orientation of collective memory and newer ideas about the institutional context of knowledge production. The data set results from content analysis of 1, 390 articles in leading American sociology, criminology, and law and society journals from 1951 to 1993, supplemented by information on the authors' "academic age." Results show that cohort membership has some effect and periods have considerable impact on topic, type of theory examined and data used by criminologists. These effects are interpreted against the background of post-World War II history: dominant ideological currents of different eras, historic events, changing academic institutions, and the ebb and flow of influential schools. Multivariate analyses indicate that period effects are largely but not fully explained by shifts in research funding and by the emergence of specialized fields with their own institutions.     

The Legal Protection for China's Flexible Workers during the Covid-19 Pandemic

The COVID-19 pandemic has caused a chain of socioeconomic effects worldwide. China’s social and economic operations and labor market have also been suffered because of this global crisis. During hard times, flexible employment becomes an important means for stabilizing employment. However, the pandemic also exposed the problems ensuing from insufficient legal protection for flexible workers. First, there are some gaps and defects in the labor and social security laws in terms of their scope and applicability to flexible workers. Second, there were limitations in the support and protection policies for flexible workers at the early stages of the pandemic. Although the government implemented measures soon after the outbreak of COVID-19, their role is still constrained by the legal lacunae in protecting flexible workers. As flexible employment will continue to play a significant role in China’s labor market, the State Council issued a far-reaching official document in July 28, 2020 to support it. This document indicates the directions for providing better legal protection for flexible workers, which contains expanding the legal scope and enriching the legal protection. Based on the realities and latest policies, the legal protection for flexible workers should be systemically improved in the future.     

CLOSE‐UPS AND THE SCALE OF ECOLOGY: LAND USES AND THE GEOGRAPHY OF SOCIAL CONTEXT AND CRIME

Whereas one line of recent neighborhood research has placed an emphasis on zooming into smaller units of analysis such as street blocks, another line of research has suggested that even the meso‐area of neighborhoods is too narrow and that the area surrounding the neighborhood is also important. Thus, there is a need to examine the scale at which the social ecology impacts crime. We use data from seven cities from around the year 2000 to test our research questions using multilevel negative binomial regression models (N = 73,010 blocks and 8,231 block groups). Our results suggest that although many neighborhood factors seem to operate on the microscale of blocks, others seem to have a much broader impact. In addition, we find that racially and ethnically homogenous blocks within heterogeneous block groups have the most crime. Our findings also show the strongest results for a multitude of land‐use measures and that these measures sharpen some of the associations from social characteristics. Thus, we find that accounting for multiple scales simultaneously is important in ecological studies of crime.     

DELINQUENCY AND GENDER MODERATION IN THE MOVING TO OPPORTUNITY INTERVENTION: THE ROLE OF EXTENDED NEIGHBORHOODS

A long history of research has indicated that neighborhood poverty increases youth's risk taking and delinquency. This literature predominantly has treated neighborhoods as independent of their surroundings despite rapidly growing ecological evidence on the geographic clustering of crime that suggests otherwise. This study proposes that to understand neighborhood effects, investigating youth's wider surroundings holds theoretical and empirical value. By revisiting longitudinal data on more than 1500 low‐income youth who participated in the Moving to Opportunity (MTO) randomized intervention, this article explores the importance of extended neighborhoods (neighborhoods and surroundings) and different concentrated disadvantage configurations in shaping gender differences in risk taking and delinquency. The results from two‐stage, least‐squares analyses suggest that the extended neighborhoods matter and they matter differently by gender. Among girls, extended neighborhoods without concentrated disadvantage were associated with lower risk‐taking prevalence than extended neighborhoods with concentrated disadvantage. In contrast, among boys, localized concentration of disadvantage was associated with the highest prevalence of risk taking and delinquency. Interactions between the immediate and surrounding neighborhoods were similarly associated with differential opportunity and social disorganization mediators. Among the more critical potential mediators of the link between localized disadvantage and boys’ risk taking were delinquent network ties, strain, and perceived absence of legitimate opportunities for success.     

Timing as a source of regulatory influence: A technical elite network analysis of global finance

Rules governing the international financial system are the subject of some of the most intense distributional battles waged in any area of global governance. Who wins and who loses such battles – and why? I develop a novel analytical framework – technical elite network (TEN) theory – which explains the widely varying levels of influence that stakeholders enjoy over global financial standards. TEN theory draws attention to how issue‐specific characteristics of international finance – in particular, its highly technical and complex nature – shape the distributional consequences of global regulatory processes. It posits that such characteristics influence distributional outcomes by (i) affecting who claims first‐mover position and, thus, sets the agenda in global financial rulemaking, and (ii) ensuring that proposals made by first movers are increasingly difficult to alter at later stages of rulemaking. I provide empirical evidence for the theory by examining two regulatory regimes that are central to the efficiency and stability of the global financial system: the Basel Committee on Banking Supervision and the International Accounting Standards Board.     

巨额财产来源不明罪的梳理与重构

巨额财产采源不明罪的讨论现状是，本罪在立法定位、行为形态、证明责任和法定刑几个方面有着不同的争论焦点，在此基础上作出合乎该罪实质意义的解释．以对立法乃至司法提出可供操作性的建议，从而避免腐败分子钻法律的空子，严厉打击贪污贿赂犯罪．     

宗教文化与社会稳定

宗教文化对社会稳定具有其独特的功能与作用。宗教文化在社会稳定中的功能主要表现为世界观功能、补偿功能、调节功能与整合功能四种。宗教文化通过宗教信仰与宗教道德的感召力与威慑作用促进社会秩序的稳定,同时宗教文化又因其自身的禁欲主义、排他性、单向度权利义务特征、以及欺骗性而成为动摇社会稳定的一大渊薮。