刑法方法理论的若干基本问题

刑法方法与具体问题相联系,属于刑法学研究的内容;刑法方法论与世界观相联系,一般地属于法理学研究的内容。每一种方法都有自己的功能,也有自己的局限性,仅仅使用一种方法是无法完整地研究刑法学的。在现代刑法理论的构建中,比较研究方法是值得我国学者特别重视的方法,体系性方法是最重要的方法之一,刑法理想对刑法方法的选择具有根本性的指引作用。从总体上说,综合的方法才是最好的刑法方法。     

推理与解释：寓于其中的法律思维

法律解释与法律推理是两种相对独立的法律方法,它们对法治建设有着不同的意义。法律解释的功能是要充分展示法律文本的各种可能意义,而法律推理则强调结论的必然得出。由于二者都强调根据法律进行解释或推理,因而拥有大体相似的思维走向,但作为不同的方法却有着许多细微的区分。正是这些既相互联系又有区别的方法(如法律发现、法律解释、法律论证、价值衡量、法律推理等)构成了法律方法论体系。当我们对这些法律方法有了深入系统的了解后,方法论向本体论的转向就水到渠成了。     

法律与文化:法学研究的双向视角

把法律认识置于法律与文化之间,不仅为法学研究开辟了一片新天地,还使法学研究增添了一种新方法。对法律的文化解释有一个从单一迈向双向的视角转变,这种让法律与文化在对话中相互提升自己的转变呈现出一种包容和多元的方法态势。同时,文化方法的法学运用还表现出它在沟通异质法文化与变革传统法文化方面的方法论意义。     

论我国未成年人监护制度的完善

未成年人监护制度是监护制度的重要组成部分,它不仅关系到保护未成年人的合法权益,而且还关系到社会秩序的稳定。目前,我国监护制度中还存在着监护机构设置不合理、监护人的选任缺乏一定的标准、监护人的职责及权利不明、监护的种类不全等问题。为了更好地保护未成年人的利益,针对上述不足,提出自己的建议。     

Quantitative Determination of Cannabinoids in Cannabis and Cannabis Products Using Ultra‐High‐Performance Supercritical Fluid Chromatography and Diode Array/Mass Spectrometric Detection

Ultra‐high‐performance supercritical fluid chromatography (UHPSFC ) is an efficient analytical technique and has not been fully employed for the analysis of cannabis. Here, a novel method was developed for the analysis of 30 cannabis plant extracts and preparations using UHPSFC /PDA ‐MS . Nine of the most abundant cannabinoids, viz . CBD , ?⁸‐THC , THCV , ?⁹‐THC , CBN , CBG , THCA ‐A, CBDA , and CBGA , were quantitatively determined (RSD s < 6.9%). Unlike GC methods, no derivatization or decarboxylation was required prior to UHPSFC analysis. The UHPSFC chromatographic separation of cannabinoids displayed an inverse elution order compared to UHPLC . Combining with PDA ‐MS , this orthogonality is valuable for discrimination of cannabinoids in complex matrices. The developed method was validated, and the quantification results were compared with a standard UHPLC method. The RSD s of these two methods were within ±13.0%. Finally, chemometric analysis including principal component analysis (PCA ) and partial least squares‐discriminant analysis (PLS ‐DA ) were used to differentiate between cannabis samples.     

Identification of Eight Synthetic Cannabinoids,Including 5F‐AKB48 in Seized Herbal Products Using DART‐TOF‐MS and LC‐QTOF‐MS as Nontargeted Screening Methods

Synthetic cannabinoids are sprayed onto plant material and smoked for their marijuana‐like effects. Clandestine manufacturers modify synthetic cannabinoid structures by creating closely related analogs. Forensic laboratories are tasked with detection of these analog compounds, but targeted analytical methods are often thwarted by the structural modifications. Here, direct analysis in real time coupled to accurate mass time‐of‐flight mass spectrometry (DART‐TOF‐MS) in combination with liquid chromatography quadruple time‐of‐flight mass spectrometry (LC‐QTOF‐MS) are presented as a screening and nontargeted confirmation method, respectively. Methanol extracts of herbal material were run using both methods. Spectral data from four different herbal products were evaluated by comparing fragmentation pattern, accurate mass and retention time to available reference standards. JWH‐018, JWH‐019, AM2201, JWH‐122, 5F‐AKB48, AKB48‐N‐(4‐pentenyl) analog, UR144, and XLR11 were identified in the products. Results demonstrate that DART‐TOF‐MS affords a useful approach for rapid screening of herbal products for the presence and identification of synthetic cannabinoids.     

法院制度功能之比较研究

法院制度之功能经历了历史演化 ,尤其是近现代以来 ,现代法院的地位、作用和传统法院相比较 ,有更加明显的变化。本文运用结构———功能的方法探析了现代法院制度和传统法院制度的异同 ,指出两种类型的法院制度在纠纷解决这一直接功能和社会控制、权力制约、形成公共政策等延伸性功能方面表现出来的变化 ,值得关注研究。     

Are Public-Led Arts Incubating Programs a Double-Edged Sword? A Case Study of the Arts Council Korea’s Performing Arts Grant Program

A nation’s cultural policy is derived from its political and governance history, and its past practices. Taking the genealogical traits of South Korean cultural policies into account, the authors examine the contributions and risks of a public-led arts incubator program. One of the Arts Council Korea’s grant programs in the arts-incubating structure was involved with a public funding scandal of political intervention during the grant review process. Consequently, questions were raised about the current bureaucratic system for cultural policy. This article discusses the legitimacy of state intervention in the arts, and analyzes the case with relevant collected documents and interviews.     

Implementation and Optimization of the Sodium‐Rhodizonate Method for Chemographic Shooting Distance Estimation

In shooting incident investigations where it is important to estimate the shooting distance, the sodium‐rhodizonate coloring method has been used for the visualization of GSR patterns extensively. This publication describes the optimization of this method by the use of a heated press for the transfer of GSR traces on garments, as well as variation of a number of other important process parameters. Our final aim for this project was to prepare a formal validation of the coloring method as prerequisite for its inclusion into the scope of ISO17025‐certified methods in the GSR Laboratory. A number of important factors and process parameters were identified, such as buffer composition and pH, type of textile used as a substrate and resolution of the documentation of the results. Results were tested using a synthetic proficiency test. Our optimized method has been found to be a very effective technique for visualization of macroscopic GSR traces.     

The decision to leave an abusive relationship: The testing of an alternative methodological approach

Most studies that consider the factors influencing the decision to leave an abusive relationship rely on retrospective, self-report data. In addition to the biased samples that are frequently obtained in such investigations, the methodological shortcomings of survey research limit its explanatory power, particularly when applied to such sensitive topics as family violence. This report introduces an alternative method for studying the decision to leave an abusive relationship. Forty-five men and 68 women were studied using an experimental computer game of an abuse-like relationship. The tendency to leave this relationship was measured under four differing conditions of severity and frequency of abuse. A logit analysis revealed that the frequency of abuse was more consequential to women's decisions to leave, while severity of abuse was more salient for men. In addition, the hypothesized model, including frequency of abuse, severity of abuse, and locus of control, fits well for women but not for men. The implications of these findings, as well as the validity and future application of experimental games, are discussed.