人权公约与生命权的刑法保护的比较研究

生命权是国际社会公认的基本人权。珍爱生命、保护生命权日益成为联合国国际人权公约和国际社会所致力追求的目标。刑法作为一国法律体系的重要组成部分,由于其保护法益的广泛性、重要性及其对违法行为制裁的严厉性,使得刑法对公民生命权的保护较之其他部门法而言更具举足轻重的意义。但就刑法对生命权的保护方式而言,中外刑法则主要通过对杀人罪的规定与限制和废除死刑两种"相对"的———或称"因果"的方式而完成的。从《公民权利与政治权利国际公约》的角度,就我国刑法对生命权的保护及其立法完善进行探讨,能使现行刑法较好较早地与国际人权公约接轨。     

高职大学生生命价值认知的现状及对策分析

生命是世界存在与发展的基础,是教育的原点,是教育研究之本源所在。该文试图客观地对中国高职院校大学生生命价值认知的现状进行剖析,并由此提出相应的对策与建议。     

Pleasures of Late Socialism in Soviet Lithuania: Strategies of Resistance and Dissent

This paper deals with popular perceptions of Soviet ideology during the period of Late Socialism. On the premises of colonial theory, mass communication and pop culture studies, the author argues that even totalitarian ideologies are subject to active consumption, excorporation and interpolation. While the official Soviet media provided a rather stable picture of the Soviet citizen, loyal to the Soviet authorities and the Soviet ideals, this paper reveals, on the basis of multiple interviews, how ideology operates at the level of everyday life and popular consciousness.     

Career Dimensions of Stalking Victimization and Perpetration

Prior literature concerning stalking, particularly in the field of criminology, finds wide variation in fundamental trends regarding stalking victimization and perpetration. There seems to be little consensus regarding when and how stalking is manifested. Furthermore, prior research to date has not addressed the etiology of stalking‐related behaviors by applying principles from criminal career research, including participation, frequency, onset, and duration. The present study builds upon prior research by addressing trends in age of onset for stalking victimization and perpetration, the duration of stalking‐related behaviors, and the relationship between those behaviors and other types of crime over the life course using primary data from a sample of young adults. Findings indicate that stalking victimization and perpetration share important career attribute similarities, and that self‐reported history of intimate partner violence and sexual assault are strongly associated with stalking outcomes.     

The Influence of Parole Officers’ Attitudes on Supervision Practices

The supervision of offenders conditionally released into communities is one of the primary functions of parole officers. Scholars have hypothesized that officers’ attitudes towards supervision may influence their job performance. Yet there are few studies which have examined the influence of parole officers’ attitudes on their actual supervision practices, and studies of the attitude–behavior relationship among other justice system actors have revealed mixed findings. This study involved an examination of the relationship between officers’ attitudes towards supervision and their supervisory responses to offender behavior. Findings revealed that officers’ attitudes influence their intended behaviors. However, results of the analyses of the potential relationship between officers’ attitudes and their actual behaviors were mixed. Officers’ attitudes had no effect on their rate of issuing community-based sanctions, but officers who held more authoritative attitudes were more likely to pursue revocation hearings for offender noncompliance.     

Somber Celebrations

正September 3 is a date of vital importance to Chinese people.On this day,69 years ago,Chinese forces celebrated a hard-fought victory in the War of Resistance Against Japanese Aggression(1937-45)following many years of suffering and ter-ritorial invasions.Just this February,the National People’s Congress,China’s top legislature,designated September 3 the Victory Day of this war,which was part of World War II(WWII).As ac-tivities are held across the country to mark     

PULLING BACK THE CURTAIN ON HERITABILITY STUDIES: BIOSOCIAL CRIMINOLOGY IN THE POSTGENOMIC ERA

Unfortunately, the nature‐versus‐nurture debate continues in criminology. Over the past 5 years, the number of heritability studies in criminology has surged. These studies invariably report sizeable heritability estimates (～50 percent) and minimal effects of the so‐called shared environment for crime and related outcomes. Reports of such high heritabilities for such complex social behaviors are surprising, and findings indicating negligible shared environmental influences (usually interpreted to include parenting and community factors) seem implausible given extensive criminological research demonstrating their significance. Importantly, however, the models on which these estimates are based have fatal flaws for complex social behaviors such as crime. Moreover, the goal of heritability studies—partitioning the effects of nature and nurture—is misguided given the bidirectional, interactional relationship among genes, cells, organisms, and environments. This study provides a critique of heritability study methods and assumptions to illuminate the dubious foundations of heritability estimates and questions the rationale and utility of partitioning genetic and environmental effects. After critiquing the major models, we call for an end to heritability studies. We then present what we perceive to be a more useful biosocial research agenda that is consonant with and informed by recent advances in our understanding of gene function and developmental plasticity.     

CHANGES IN CRIMINAL OFFENDING AROUND THE TIME OF JOB ENTRY: A STUDY OF EMPLOYMENT AND DESISTANCE

Does employment promote desistance from crime? Most perspectives assume that individuals who become employed are less likely to offend than those who do not. The critical issue has to do with the timing of employment transitions in the criminal trajectory. The turning point hypothesis expects reductions in offending after job entries, whereas the maturation perspective assumes desistance to have occurred ahead of successful transitions to legitimate work. Focusing on a sample of recidivist males who became employed during 2001–2006 (N = 783), smoothing spline regression techniques were used to model changes in criminal offending around the point of entry to stable employment. Consistent with the maturation perspective, the results showed that most offenders had desisted prior to the employment transition and that becoming employed was not associated with further reductions in criminal behavior. Consistent with the turning point hypothesis, we identified a subset of offenders who became employed during an active phase of the criminal career and experienced substantial reductions in criminal offending thereafter. However, this trajectory describes less than 2 percent of the sample. The patterns observed in this research suggest that transition to employment is best viewed as a consequence rather than as a cause of criminal desistance.