有罪判决的证明标准

有罪判决证明标准是我国刑事证据理论研究中争议最大的问题之一。从几种主要的有罪判决证明标准出发,并考察西方两大法系的有罪判决证明标准,应当以借鉴西方两大法系的精华和总结我国有罪判决证明标准的不足为基础,建构我国有罪判决证明标准。我国有罪判决证明标准根据犯罪性质和判决严厉程度可作如下设计:最高标准———“确定无疑”;第二级标准———“最大程度的盖然性”;最低标准———“相当高的盖然性”。     

公民道德建设引入约束机制的理性思考

当前公民道德建设中 ,亟需建立一套完善的与道德教化相匹配的 ,如行政的、经济的、法律的等一系列行之有效的约束机制 ,通过约束机制的引导和支撑 ,以保证公民道德建设取得实效     

WTO框架下我国会计准则国际化的趋向与对策

我国在推动会计准则与国际惯例接轨方面已取得一定的成果。但是 ,从国际会计准则的动向与发展趋势看 ,我国目前的会计准则与国际流行的惯例之间仍存在差异与差距。对我国会计准则国际化问题 ,我们一方面应在吸收借鉴先进的会计理论方法的同时 ,建立起自己的特色。另一方面应在照顾国情需要的前提下 ,尽量与全球化会计准则或国际惯例保持协调     

Legal issues in oral fluid testing

The use of oral fluid for drugs of abuse testing has received increased attention with the availability of accurate methods for the collection and analysis of drugs in oral fluid specimens. Already used in the transportation and insurance industries, there is increasing interest in oral fluid drug testing in the workplace, schools, roadside driving under the influence of drugs, and criminal justice. Given that sanctions may accrue from positive test results, legal challenges are to be expected. However, with its established scientific base, demonstrated accuracy and reliability of collection and test methods, and current positive regulatory developments, it seems clear that the use of oral fluid as a specimen for drugs of abuse testing will be able to withstand judicial scrutiny.     

Intimate femicide in Israel; temporal, social, and motivational patterns

This study investigated all (76) cases of intimate femicide (the killing of women by their intimate male partners) in Israel during the years 1990–1995. The analysis focused on temporal patterns, the representation of various population groups, and given motives. The findings show a relationship between the incidence of intimate femicide and a number of major events/processes experienced by Israeli society during the period investigated. Following the Persian Gulf War (in 1991), during which families were enclosed for lengthy periods in sealed rooms, there was a sharp increase in intimate femicide. On the other hand, the enactment of the Law for the Prevention of Family Violence in 1991 was followed by a sharp (though temporary) decrease in intimate femicide in 1992. New immigrants from the former Soviet Union and even more so, from Ethiopia were over-represented among intimate femicide offenders. In most cases, more than one motive is given for the intimate femicide, with 'possessiveness' being mentioned in the majority of cases usually in conjunction with other motives (such as argument/conflict between the parties, mental, drinking or drug problems of the offender). Here too, differences were found between the various population groups. The findings are discussed within the framework of a stress-support theoretical model which postulates that violence in society will be positively related to stress factors and negatively related to support systems.     

Preventing relapse versus “stopping” domestic violence: Do we expect too much too soon from battering men?

Given the deeply entrenched habit patterns that characterize domestic violence, the author questions the enormous demands for change that are immediately placed on both abusive men and the clinicians treating them. Battering men are not only required to abruptly and permanently halt overt physical violence, but they are also expected to stop all expressions of dominance and intimidation, and to abandon all their exploitative attitudes and sex-role expectations as well. While it is feasible and necessary to insist upon the cessation of physical violence in order to protect the spouse and family, to what degree can the clinician also demand a total revolution in the abusive male's attitudes, social behavior, and values? To better demonstrate the excessivity of these demands, the author makes a comparison to the treatment of substance abusers, where the features of relapse and enduring cognitive distortions are expected and permitted as part of the normal extended course of recovery. Instead, the author proposes a more realistic and humanitarian set of therapeutic expectations for change, emphasizing relapse prevention and supportive maintenance.     

关于我国食品安全犯罪刑法规制的思考

刑法作为食品安全各部门法的最后一道屏障,理应对严重危害食品安全的行为做到＂法网恢恢,疏而不漏＂、＂罪刑适应,罚当其罪＂。虽然刑法在预防食品安全犯罪方面的作用是明显的,但同时也是有限的。     

Marriages among people with disabilities in 19th-century Sweden: marital age and spouse’s characteristics

ABSTRACT

While marrying was an expected event in 19th-century Western society and has been subject to much historical research, there are few studies on how disabilities influenced people’s marriage patterns and spouse selection. The aim of this analysis is to contribute clarification on this issue by examining with whom disabled men and women married and the marital age and socio-demographic characteristics of them and their spouses. In total, 188 disabled individuals born in the first half of the 19th century and who married in the Sundsvall region, Sweden, are studied. The results reveal that disabled men and women did not marry each other, and they entered into marriage at a slightly higher age than the average, although there was usually no marked age gap between them and their spouse. Endogamous patterns were primarily found regarding the socio-spatial background of the two spouses. This analysis is one of the few studies identifying the marriages among a comparatively large number of disabled people using demographic data. Their participation in the partner pool highlight their agency historically and emphasize that disability did not lead to distance from social life in past society.     

危险驾驶罪疑难问题再探讨

危险驾驶罪实施对于减少和控制醉酒驾驶等危险驾驶犯罪发挥了重要作用,但是,由于本罪的规定存在不足并缺少相应的司法解释,导致司法实践中出现了不少问题。为解决这些问题,本文将从四个方面进行论述,第一部分危险驾驶罪的概述,第二部分着重探讨危险驾驶的内涵,第三部分重点论述醉酒驾驶的认定,第四部分针对本罪行为类型不完善提出相应的完善建议。     

明确“背信损害上市公司利益罪”的立案追诉标准——从明确概念角度分析

背信损害上市公司利益罪是一个新类型的罪名,虽然刑法增设近5年的时间,但由于罪名相对陌生,司法实践中,对本罪的理解和适用,尚处于探索阶段。本文仅以2010年5月18日最高人民检察院、公安部出台的《最高人民检察院公安部关于公安机关管辖的刑事案件立案追诉标准的规定（二）》（以下简称《立案追诉标准（二）》）中涉及到的相关概念为切入点进行展开分析,以明确背信损害上市公司利益罪立案追诉标准,从而加深实践中司法人员的感性认识。