群体性事件的理论探索

近年来群体性事件频发,引起了社会各界的广泛关注。由于受＂路径依赖＂和政治因素的影响,中国学术界对群体性事件的研究还只停留在描述和对策的层面,更没有形成较为成熟的理论;文章认为,群体性事件是现代化进程中社会的一个自然态,是一种动态的平衡。     

Rape Shield Laws and Sexual Behavior Evidence: Effects of Consent Level and Women’s Sexual History on Rape Allegations

Rape shield laws, which limit the introduction of sexual history evidence in rape trials, challenge the view that women with extensive sexual histories more frequently fabricate charges of rape than other women. The present study examined the relationship between women's actual sexual history and their reporting rape in hypothetical scenarios. Female participants (college students and a community sample, which included women working as prostitutes and topless dancers, and women living in a drug and alcohol rehabilitation center) imagined themselves in dating scenarios that described either a legally definable act of rape or consensual sexual intercourse. Additionally, within the rape scenarios, level of consensual intimate contact (i.e., foreplay) preceding rape was examined to determine its influence on rape reporting. Women were less likely to say that they would take legal action in response to the rape scenarios if they had extensive sexual histories, or if they had consented to an extensive amount of intimate contact before the rape. In response to the consensual sexual intercourse scenarios, women with more extensive sexual histories were not more likely to say that they would report rape, even when the scenario provided them with a motive for seeking revenge against their dating partner.     

Psychopathy and Nonverbal Indicators of Deception in Offenders

The current study examined psychopathy and nonverbal indicators of deception in an incarcerated sample. Nonverbal behaviors were coded from videotapes of 45 male offenders telling true and fabricated stories about crimes. Interpersonal features of psychopathy were associated with inflated views of lying ability, verbosity, and increases in blinking, illustrator use, and speech hesitations. While lying, the more psychopathic offenders spoke faster and demonstrated increases in blinking and head movements. Indicators of deception in offenders were somewhat different from those typically observed in non-offender populations. These findings indicate that personality factors may have an impact on nonverbal indicators of deception in criminal justice settings where the detection of deception is of utmost concern.     

"摆"间的人神对话

“摆”是中国南传佛教中的一种宗教仪式活动,广泛渗透入云南诸少小民族如阿昌族的日常生活中,通过对佛教活动泼水节的个案研究,可以透视音声行为在佛教活动中的功能及作用,从而探究这一文化背景中的“摆”所折射出的观念信仰体系及伦理道德。     

Lone Actor Terrorist Attack Planning and Preparation: A Data‐Driven Analysis,

This article provides an in‐depth assessment of lone actor terrorists’ attack planning and preparation. A codebook of 198 variables related to different aspects of pre‐attack behavior is applied to a sample of 55 lone actor terrorists. Data were drawn from open‐source materials and complemented where possible with primary sources. Most lone actors are not highly lethal or surreptitious attackers. They are generally poor at maintaining operational security, leak their motivations and capabilities in numerous ways, and generally do so months and even years before an attack. Moreover, the “loneness” thought to define this type of terrorism is generally absent; most lone actors uphold social ties that are crucial to their adoption and maintenance of the motivation and capability to commit terrorist violence. The results offer concrete input for those working to detect and prevent this form of terrorism and argue for a re‐evaluation of the “lone actor” concept.     

买卖合同的成立及其认定

合同的成立要件应当包括当事人、标的和合意,标的的数量和质量均为将标的特定化的因素,而非独立于标的的要件。《法释(2012)8号》对当事人提供送货单、收货单、结算单、发票以证明买卖合同已经成立的规定,笔者基本赞同,但主张类型化和区分签收人的身份而定;对对账确认函、债权确认书等函件、凭证的证据效力的认定,笔者表示赞同。意向书、备忘录依当事人的意思可有本约、预约和无积极的法律约束力的文件三种类型,《法释(2012)8号》仅仅注意到一种,因而合同编不应一刀切地吸收该种解释,而应视意思表示的具体情形而定。本约生效后相应的预约应该功成身退。违反预约的责任在绝大多数情况下不同于违反本约的责任,但鉴于确定违反预约的损害赔偿的数额特别难以确定,在个别场合可比照违反本约的赔偿范围确定违反预约的赔偿数额。当事人不履行预约项下的义务,在某些情况下可直接判决本约成立,在多数情况下只能判决损害赔偿。     

AN EXAMINATION OF RETAIL CLIENTS’ INVESTOR SUITABILITY RULES IN THE COBS AND THE LESSONS FOR CHINA

Nowadays, the complexity of financial products makes it difficult for retail clients to identify investment risks, and there is an increasing tendency for firms, stipulated by the maximum profits, to recommend or enter into unsuitable transactions to or for retail clients while providing services of investment advice and portfolio management, which causes great losses to a significant number of investors. So, in the contemporary society, the investor suitability rules through which retail clients can purchase suitable financial products are the indispensable legal basis of investor protection. Currently, the regulations concerning investor suitability management in China have several problems, including the chaotic legal system, low effectiveness level and defective contents, which may make it difficult for suitability to be applied in justice and managed effectively. Since the UK’s investor suitability rules in the Conduct of Business Sourcebook that apply to retail clients whose contents include requirements of obtaining retail clients’ information, requirements of information to be provided to retail clients and criteria of assessing suitability are clear and comprehensive, the authors believe that the UK’s experiences can provide a great enlightenment for China to better investor suitability management rules, including integrating legal documents and optimizing effectiveness level, rationalizing application scope, adding criteria of assessing suitability and revising specific clauses.     

Institutional Change and Professional Norms: A Study of Grading Behavior in Higher Education

This study investigates how an institutional exogenous change interacts with professional norms in relation to behavior in public organizations. We test how a new grading scale introduced in 2007 changed grade point averages and pass rates at two university departments. Data consist of register data on grading between 2004 and 2010. We find that the new grading scale both increased grade point averages and pass rates and halted the negative time trend in these variables. These effects are even greater for exams with an external examiner. The main conclusion is that grading systems affect grading both immediately and over time.     

Modeling Substance Use and Related Risk Behaviors Leading to Criminal Justice Involvement Among Young Adult Women

Abstract

Using structural equation modeling, two models of the relationship between trauma, attachment, substance use, risk behavior, and criminal justice involvement among young adult women were tested. Overall, the model constructs explained approximately 23% and 36% of the variance in Illicit Substance Use and Risk Behavior, respectively, and 28% of the variance in Criminal Justice Involvement. Data were taken from a longitudinal study of pregnant and parenting adolescents (N = 239). This population is important because they may be at increased risk for involvement in problem behaviors across adolescence and adulthood. Findings suggest that patterns of emotional dysregulation are significant contributors to women's illicit substance use and risk behavior. Implications for intervention and prevention are addressed.     

吸毒行为的法律定性

目前,针对吸毒行为的定性主要有"犯罪说"、"违法说"、"合法化说"、"疾病说"及"受害说"等观点。基于现有研究及国外有关政策,明确吸毒者兼具病人、违法者、受害者三重社会属性,提出我们应正确对待吸毒人员,各部门应形成合力采取有效且人道的戒毒措施,保障戒除毒瘾者的合法权益。