袭警事件下对我国警察执法人性化的思考

近年来,我国袭警案件呈现高发态势,同时具有突发性、暴力性、群体性等特点,给国家法律尊严、社会治安稳定和警察个人权益造成严重威胁。这与警察在执法活动中忽视和误解人性化执法有着直接关系。因此,警察在具体执法中应树立人性化理念,同时针对警察在人性化执法中的误区进行反思,对人性化执法进行合理定位,使警察在执法中能有的放矢,从而遏制袭警案件的发生,构建和谐警民关系。     

Public Eyewitness Confidence Can Be Influenced by the Presence of Other Witnesses

Four experiments were conducted to examine whether witnesses' public confidence ratings differ from their private ratings when there are social pressures to use confidence as an impression-management tool. In all four experiments, participants answered questions about a source event (a series of faces in the first three experiments and a simulated crime scene in the fourth). Half of the responses and confidence ratings were given privately and anonymously, and half were given publicly in front of one or more mock jurors. Two central findings emerged from the results. First, public confidence differed from private confidence only when there was more than one witness; when there were no other witnesses, public and private confidence were the same. Second, the direction of the change in public confidence in the multiple-witness settings was influenced by whether or not there was a possibility of being contradicted by the other witnesses. When there was no chance that the participants' responses could be contradicted, they raised their confidence ratings in public; when there was a chance that the other witnesses might contradict them, the participants lowered their public confidence ratings. The results are discussed in terms of self-presentation theory and implications for the legal system.     

Violent Victimization,Aggression, and Parent-Adolescent Relations: Quality Parenting as a Buffer for Violently Victimized Youth

Prospective associations between violent victimization, the quality of the parent-adolescent relationship, and the subsequent onset of violent aggression were examined. Using the National Longitudinal Study of Adolescent Health (Add Health), participants were divided into violent and non-violent cohorts based on whether they had committed an act of violence prior to Wave 1. Results showed that violent victimization at Wave 1 predicted the onset of violent aggression at Wave 2 for adolescents who were non-violent at baseline. Earlier violent victimization, however, had no effect on aggression trajectories for baseline violent adolescents. Parent-adolescent relations functioned as a protective buffer, such that violently victimized adolescents who reported high quality relationships with parents were less likely to be involved in violent aggression at Wave 2. Subsequent gender interaction analyses revealed that while the buffering effect was evident for males, parent-adolescent relations did not protect females from the onset of aggressive behaviors. Findings are evaluated in light of social learning and cycle of violence theories that highlight the role of violent victimization among adolescents.

浅议中央与地方纠纷之协商解决模式

构建中央与地方纠纷的协商解决模式具有极大的可行性,但是同时又面临着极大的理论和实践阻力。尤为要注意的是,学界将这种协商与政治协商作等同的倾向是存在误区的。同时,在法制化的语境中,在“协商之后的法制化”与“法制框架下的协商”之间也体现出了更多的外在制度区别与内在理念融合并存的特点。     

Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

论刑事责任的定位

关于刑事责任在刑法中扮演何种角色,我国刑法学界众说不一。刑事责任应该是一种司法机关强制犯罪者承受的刑事惩罚或单纯的否定性评价的负担。在与罪行和刑罚的关系上应该采取罪———责的模式,只有这样才能理清罪、责、刑的关系,才能更好地定位刑事责任,才能够更好地指导司法实践。     

论中国工会与中国共产党的辩证关系

在社会主义条件下,应从各自性质出发,把握中国工会与中国共产党二者关系的实质;从执政党的功能变化出发,把握两者关系的新内容;从市场经济的特性出发,把握党的领导方式的新变化;从时代和战略的高度,正确把握中国共产党与中国工会的辩证关系。     

劳动争议处理中的协商制度刍论

在我国劳动争议案件特别是群体性劳动争议数案件持续上升的情况下,劳动争议存在着个别协商被摒弃、集体协商流于形式、群体性劳动争议协商缺失等问题。其形成原因,一是协商制度法律地位不足,二是工会组织职能错位。今后应遵循公平、简便、快速和稳定的原则,努力对劳动争议协商制度作进一步的完善。     

志愿服务主体法律关系探讨

近年我国志愿服务事业得以蓬勃发展,亟需将志愿服务纳入法制化轨道。志愿活动中纠纷的处理、责任的承担等,都需要首先对志愿服务主体法律关系予以明确界定。志愿服务的核心精神自愿性、无偿性、利他性决定了志愿者、志愿者服务组织、志愿者服务对象之间的关系建立在具有服务与帮助性质的帮工合同、委托合同基础上。志愿服务主体地位平等,志愿服务导致的损害,责任方应承担民事侵权责任。