新冠背景下以危险方法危害公共安全罪的界限

在我国刑法典中,以危险方法危害公共安全罪存在立法留白,其罪状描述缺乏明确性.而在司法实践中,此罪的触角已进入生产非食品原料、盗窃井盖、交通肇事等领域.在2020年新型冠状病毒疫情的助推下,两高、两部联合制定了《关于依法惩治妨害新型冠状病毒感染肺炎疫情防控违法犯罪的意见》,将两种情形以以危险方法危害公共安全定罪处罚,明显...     

台湾服务贸易竞争力及影响因素研究——兼论《海峡两岸服务贸易协议》的推进

本文以RCA指数分析了台湾服务贸易国际竞争力,发现台湾服务贸易竞争力疲弱,不仅与美欧发达国家差距很大,而且在“亚洲四小龙”内也处在下游水平;虽然台湾传统服务贸易部门竞争力有所增强,但现代服务贸易部门竞争力却在弱化.本文探讨了岛内市场需求、外部市场需求、人力资本状况、服务业发展、货物贸易发展及服务贸易开放对台湾服务贸易竞争力的影响,认为各因素对台湾服务贸易竞争力的作用各不相同.最后,本文分析了两岸服贸协议对台湾经济的作用,探讨了近期岛内出现的“太阳花学运”反服贸风暴背后的原因,认为台湾既要理性、平和地安抚反服贸民众的热燥情绪,又要加快推进服贸协议,为两岸经济合作突破深水区提供新动能.     

人体内乙醇含量检测的影响因素分析

人体内乙醇含量检测不仅是法医鉴定工作中常规检测项目,也是交通肇事案件最终的仲裁依据,其检测结果直接影响着受检人员的责任判罚。本文根据乙醇的毒理特征及在人体内的代谢过程,就不同检材、送检时效性、尸体腐败、血液检品中不同成分和保存方式、以及检测结果的不确定度等对乙醇含量检测结果的影响进行分析,以利于对受检者是否饮酒及其程度做出科学、公正的判定。     

新时代环境下民族地区市场监管的非国家法因素影响——基于黔东南州调查的法社会学分析

文章通过对黔东南州市场监管中非国家法诸因素进行调研,使用法社会学的理论框架分析,展示要素、结构和性能各层面的冲突和相互影响,为民族地区国家法的执行研究提供了一定的现实素材,并尝试性提出了解决民族地区国家法的执行需要在民族区域自治法框架内,充分考虑新时代民族地区诸因素作用,方能有效解决民族地区法律秩序以及社会治理问题。     

罪量在阶层犯罪论体系中的地位

我国刑法典中充斥着大量表征行为及结果程度的词语，学者称之为“罪量”。任何犯罪构成理论都必须以法条为依托，理论上的犯罪构成体系需要为法典中每一元素在体系中的地位做出符合逻辑的安排与说明。引进德日阶层犯罪构成理论之后，为了让该理论更加契合于我国的刑法典，罪量在该体系中应重新定位于违法性阶层之中。其中一些罪量是犯罪成立的消极判断，可视为“违法阻却事由”，另一些则可借鉴“可罚的违法性”理论加以认识。     

School climate and delinquency – on the significance of the perceived social and learning climate in school for refraining from offending

School is regarded as a central arena for crime prevention. This study analyses the effects of student perceptions of school contextual aspects on self-reported offending, using logistic regression with control for clustering effects. The data comprise a census of pupils in year nine in comprehensive school (15 year olds) and in year two of upper secondary school (17 year olds) in the City of Stockholm in 2006, 2008 and 2010 (n = 25,850 of which 47% are boys and 53% are girls). Besides showing that several aspects of students’ perceptions of the school setting have direct protective effects on offending, the study shows that perceiving schoolwork as meaningful appears to moderate the effect of adverse home conditions on delinquency for boys. The only aspect of school investigated in this study that was not significantly related to offending was the perception of classroom order, indicating that emotional support from teachers is more important for crime preventive implications than maintaining order in the classroom. Controlling for clustering effects shows differences in offending between classes and schools that are not produced by differences between the students.     

The influence of personality on violent victimization – a study on police officers

The current study aims to examine the influence of police officer characteristics, civilian characteristics, and possible interactions between both on violent victimization of police officers. Based on literature distinguishing between ‘provocative’ and ‘submissive’ victims, focus is given on effects of police officers’ personality in terms of the five-factor model plus risk-taking. Patrol police officers (n?=?1813) from Lower Saxony, Germany, completed a paper-and-pencil survey including personality assessments as well as questions about their last three police encounters. Binary logistic multilevel regression analyses demonstrate that police officers with higher scores on neuroticism and openness to experience were more likely to be violently attacked. Furthermore, agreeableness reduced police officers’ risk of violent victimization, while risk-taking and neuroticism increased their risk when confronted with a violent civilian. The study indicates that personality and especially traits that are assumed to provoke potential perpetrators were linked with violent victimization. It further stresses the need to include perpetrator attributes in victim studies in order to identify relevant interaction effects between both parties.     

Characteristics and offences of women with borderline personality disorder in forensic psychiatry: a multicentre study

Although female forensic patients diagnosed with borderline personality disorder (BPD) are generally considered taxing in clinical practice, little is known about their specific characteristics or offences. In this study, 156 female forensic psychiatric patients diagnosed with BPD were compared to 113 diagnosed otherwise. Information on demographic and psychiatric characteristics, victimization, index offences, and incidents during treatment was gathered from patient files. Risk factors for recidivism were assessed using the PCL-R and historical items of the HCR-20, including items from the new Female Additional Manual (FAM). Compared to non-BPD women, BPD women were more likely to have been abused as children and to have a history of outpatient treatment. While less likely to be convicted for (attempted) homicide, a higher percentage of BPD women was convicted for arson. Comorbid substance abuse was more frequent in the BPD group and incidents towards others and themselves were more violent in nature. The PCL-R and the H-scale of the HCR-20/FAM indicated several risk factors especially important for BPD women, such as poor behavioural control, impulsivity, and irresponsibility. The results support the clinical impression that women diagnosed with BPD are a subgroup within the female forensic psychiatric population, with specific focus points for treatment and management.     

Forensic occupational therapy to reduce risk of reoffending: a survey of practice in the United Kingdom

Forensic services are required to reduce an individual’s risk of reoffending. Despite being integral to forensic mental health services, the contribution of forensic occupational therapy to achieving this aim is unclear. This study describes current forensic occupational therapy practice to reduce reoffending risk in the United Kingdom. Responses to a cross-sectional survey consisting of multiple choice and free-text questions were analysed using frequency counts and percentages, and thematic analysis respectively. Of the 58 participants, 83% actively addressed reoffending risk. Participants informed practice with occupation-focused theories, models and assessment tools. Five themes described forensic occupational therapy to reduce reoffending risk: an occupational perspective of risk assessment and formulation; volitional realignment; increasing protective factors; community integration; and enhancing understanding of forensic occupational therapy. Forensic occupational therapists perceive their practice to contribute to reducing reoffending risk, but are yet to establish routine outcome measurement in this area. Implications for practice and future research are discussed.     

近30年中国英语课程设计范式变革之检讨及其现实启示

从哲学的范式理论角度来看,影响课程设计的核心因素有国家计划、社会和市场的需求、教学共同体的集体惯性和内部的变革要求以及受教育者的呼声等;本文从历时角度描述并反思近30年来影响英语课程设计范式变革的核心内生和外生变量,阐述其内生和外生变量的运作方式.课程设计范式变革对外语教育的现实启示如教育应根据市场和社会的需求对自身作适当的反思甚至调适、外语教育应和宏观教育结合起来.