与犯罪形态有关的三个特别问题

由于分别直接关联着共同犯罪、罪数形态和犯罪的阶段形态,故＂片面共犯＂、罪数标准和＂意志以外的原因＂,构成了与犯罪形态有关的三个特别问题。基于事物的真相,＂片面共犯＂问题应按共同犯罪定性或处置,而罪数标准问题应以＂犯意与刑法特别规定结合说＂予以解答。至于＂意志以外的原因＂对犯罪阶段形态的影响,应立足于＂意志以外的原因＂作用于犯罪意志的程度及最终结果予以解答。     

论中国传统文化视域的“网络群体极化”

互联网在现代生活中的重要性日益凸显,但互联网上频发的"网络群体极化"带来了一系列的社会问题。中国传统价值观中道德至上,个人价值、权利和自由的缺失是"网络群体极化"的潜在根由,为解决"网络群体极化"问题,建设健康、有序、文明的网络文化,需要加强互联网法治建设。     

以高度的文化自觉推动社会主义文化大发展大繁荣

当今世界,文化在国家综合实力中扮演着越来越重要的角色,已成为国家软实力的核心表现。以高度的文化自觉推动社会主义文化大发展大繁荣,是全面建成小康社会、实现民族伟大复兴的应有之义和必然要求;自觉坚持中国特色社会主义文化发展道路,是推动社会主义文化大发展大繁荣的根本前提;自觉坚持以社会主义核心价值体系引领文化建设,是推动社会主义文化大发展大繁荣的理论依据;自觉加强对文化建设战略地位的认识,是推动社会主义文化大发展大繁荣的实践动力。     

A Research Note

ABSTRACT

This paper deals with a sparsely researched topic-the victimization of females by fraud. A nationwide survey of victims of a large-scale telemarketing scheme showed that onlya small percentage of the victims were females. Both financial and emotional consequencesgenerally were more severe for the older than for the younger women.     

The Impact Imprisonment has on Women's Health and Health Care from the Perspective of Female Inmates in Kansas

This multimethod study, conducted at the Topeka Correctional Facility during the summers of 2001, 2002, and 2003, investigated the impact of imprisonment on women's health and health care. The researcher hypothesized that 3 independent constructs—(a) extended strain, (b) level of health care received either before or during incarceration, and (c) detrimental social structural influences—could predict the health status of female inmates prior to and during incarceration. Multiple regression analyses conducted on 1 survey sample of 120 inmates revealed that only health care prior to incarceration and extended strain contributed significantly to explaining the inmates' self-perceived health status prior to and during incarceration. When life history interviews with 22 inmates were examined to determine inmates' perceptions of their health status and the health care they had received, prior to and during their imprisonment, qualitative results revealed inmates expressed dissatisfaction with the quality of health care received in prison, as well as the manner in which it was administered.     

“法”义新论

"法"在字源和词源上有三个系统,即灋、佱、。许慎在《说文》中仅以战国篆文为据,未能考察商至战国前期文字发展的理路,对"灋"的词源解释有误。廌与作为神兽的獬豸有差异,并无掌法神兽之义。灋字在西周时代作为"废"的本字使用,与后世的"法"义并无关联。宗周文化系统中有一个表规范、法则意义的"佱"字;南方文化中有一个表达规范、法则、效法甚至法律的"",因此在先秦时代有宗周的"佱"和南方的""两个与后世"法"有渊源关系的概念系统。这两个系统在春秋中叶至战国时代发生碰撞、融合,最终以""吸纳并取代"佱",并写作"灋"为终结。具有"刑罚"、"审判"之义的"法",通过"灋"的字源和词源无法解释,而当与宗周文化系统之外的南方文化中的系统有关。     

民间借贷的软法治理模式探析

民间借贷作为民间融资的重要形式,在解决金融资源公平、有效配置问题方面发挥着不可替代的作用.目前,硬法治理模式在规范民间借贷时出现了系统性的制度缺位,随着软法治理模式的日渐兴起,民间借贷的软法治理方案成为一种弥补硬法局限的金融治理模式.通过分析不难发现,民间借贷与软法治理在制度供给与制度需求、价值取向和治理方式诸方面有较高的契合度.构建以保障民生为宗旨的民间借贷软法治理模式,将是理顺和规范民间贷关系的一种理性选择.     

Review of “Creative Subversions: Whiteness,Indigeneity, and the National Imaginary,” by Margot Francis

Narrative is not only entertainment but also a mode of engaging in negotiation with others, and culture is one of the things negotiated thereby. Stories are structured by an internal and external authority in terms of origin, coherence, and effectiveness in the world. Cultural managers will inevitably be involved in situations where narratives diverge, and they will discover that dealing with competing narratives involves a type of diplomatic communication with a range of participants in the arena of culture, from artists to civic authorities to audiences. Historical anecdotes from both classical and modern eras suggest how powerful cultural credit and cultural production can be and how ideas of culture can be deployed in politics. The slow and careful procedures of diplomacy—taken analogously as communication, protection, negotiation, and sovereignty—can prevent even domestic cultural management from provoking hostility or resistance to a perceived attempt to exert control. Ultimately, we are mostly living in a fluid rather than a precisely calibrated world, and cultural managers know that absolute justifications for cultural work are impossible to find.     

Structural Funding in the Management of Cultural Heritage in Poland

ABSTRACT

This article concerns structural funding for Polish cultural heritage for the years 2007–13, focusing on the largest operational program, “Infrastructure and Environment,” financed by the European Regional Development Fund. It presents the results of empirical research based on a questionnaire study of a specifically selected group of projects funded under this program. The objective of the study was to analyze the outcomes of this funding upon completion of the financial perspective, presenting tangible and intangible results as well as potential external effects. The empirical data allowed the development of conclusions and recommendations, stressing the importance of the continuing improvement and development of the funding scheme.     

Children's reporting patterns after witnessing homicidal violence – the effect of repeated experience and repeated interviews

For both legal and clinical purposes, it is of importance to study children's memories and reports of stressful events. The present study investigated the reporting patterns of 83 children who had witnessed homicidal violence, which is considered to be a highly stressful experience. More specifically, we explored the possible effects of prior violence exposure and of repeated questioning on the amount of details reported. Results showed that the majority of children provided detailed reports about the homicidal violence they had witnessed, including details concerning what happened before, during, and after the violent act. The children provided detailed and vivid testimonies from their experiences, whether they witnessed the event for the first time or had prior experience of witnessing severe violence against the victim by the perpetrator. Children with no prior experience of repeated violence who underwent repeated interviews provided more details than those interviewed once. The present data indicate that children are competent witnesses when questioned in legal contexts after having been exposed to extremely stressful events. These findings have implications for research related to children's memories and reporting of traumatic experiences, as well as practical implications for future treatment and evaluation of children's testimonies.