相对集中行政处罚权：立法模式与制度创新

相对集中行政处罚权实践是我国行政管理体制的创新举措,已经取得了较明显的效果。但目前囿于立法层次较低,且各地规范不一,极大地阻碍了这一新生事物的进一步成长。因此我们应在统一立法和系统全面立法的基础上,尽快制定一部法律或行政法规系统规范该制度。同时加强诸如表明身份制度、说明理由制度、阅卷制度、时效制度、格式化制度、职能分离制度、案卷排他性制度等研究,以丰富和完善该处罚权的实践。     

PREDICTING WHO REOFFENDS: THE NEGLECTED ROLE OF NEIGHBORHOOD CONTEXT IN RECIDIVISM STUDIES*

Prior studies of recidivism have focused almost exclusively on individual‐level characteristics of offenders and their offenses to explore the correlates of reoffending. Notably absent from these studies are measures reflecting the neighborhood contexts in which individuals live. The current research addresses this shortcoming. Using data on a sample of ex‐offenders in Multnomah County, Oregon (Portland and surrounding area) in conjunction with 2000 census data, we answer two questions. First, which individual‐level factors influence rates of recidivism? Second, to what extent does neighborhood socioeconomic status account for variation in the reoffending behavior of ex‐prisoners that is not explained by their individual‐level characteristics? We find that those who return to disadvantaged neighborhoods recidivate at a greater rate while those who return to resource rich or affluent communities recidivate at a lesser rate, controlling for individual‐level factors.     

关于探望权的若干思考

2001年新《婚姻法》增加了有关探望权的规定,但其在司法实践中存在一些不足,应扩大探望权的主体范围、明确中止事由、重视裁判、完善执行措施,同时借鉴国外的相关立法,并结合我国国情,进一步完善我国的探望权制度。     

女大学生成长与发展的劣势环境研究

环境对大学生成长与发展影响深远,同男大学生相比,当代女大学生处在明显的劣势环境中。观念中对女性的歧视依然存在,真正的男女平等并未在制度环境中得以实现,女大学生的就业发展机会及劳动报酬远低于男生等,所有这些,削弱了女大学生的发展基础,打击了女大学生追求成功的热情,限制了女大学生的发展。及时采取相应对策,为女大学生成长与发展创造良好和谐的外部环境,是当前社会中亟待解决的重大问题。     

Foundation Ownership and Financial Performance: Do Companies Need Owners?

A curious ownership structure is found in Northern Europe—foundations that own and operate business companies. The foundations are non-profit entities, they have no members and no owners, and they cannot be dissolved. In many cases, these entities control more than 50% of the votes in successful international companies. Obviously, this structure completely blocks the market for corporate control, but it also violates other basic principles of agency theory and corporate finance. Nevertheless, we present evidence that a sample of foundation-owned companies listed on the Copenhagen Stock Exchange are at least as efficient as other listed companies in terms of risk adjusted stock returns, accounting returns and Tobins Q. Thus, they question whether profit-seeking ownership is a necessary condition for competitive enterprise.JEL Classification: D23, G34, L31     

对波普尔证伪主义的探究

证伪主义是波普尔在批判归纳主义与证实原则的基础上建立起来的,是波普尔整个哲学思想的基础,它既是波普尔解决＂分界问题＂与＂归纳问题＂的关键,也是波普尔的科学认识论与方法论的基础。通过对证伪主义的辩证分析,为我们的哲学与科学的发展提供有用的经验。     

婚姻立法语言模糊性弊端规避的语义策略

婚姻立法语言模糊性弊端需要我们有意识地规避.通过语义限定如限定行为方式、限定性质和后果、限定范围等可以使婚姻立法模糊性语言趋于精确化;婚姻立法应正确把握立法语言的模糊度,避免使用过度的模糊语言;婚姻立法应区分情形使用立法模糊用语和精确化语言,恰当发挥模糊语言的功能.     

STRUCTURAL FACTORS AND BLACK INTERRACIAL HOMICIDE: A NEW EXAMINATION OF THE CAUSAL PROCESS*

This study evaluates the assumption that deprivation among African Americans and racial inequality lead to black interracial homicide due to racial conflict and antagonism. Using refined race‐adjusted Supplemental Homicide Report data, Uniform Crime Report data and census data, we test an alternative hypothesis that draws on the macrostructural opportunity theory to assess and more accurately specify the relationship between structural characteristics and black interracial homicide. We find that first, the relationship between economic factors and black interracial homicide can be explained in large part by high rates of financially motivated crime such as robbery, and second, that economic factors are associated with financially motivated but not expressive black interracial killings. Analyses of black intraracial killings are performed for comparison purposes. Collectively, the findings suggest that conflict‐based explanations rooted in racial antagonism and frustration aggression may be premature.     

DELINQUENCY AND GENDER MODERATION IN THE MOVING TO OPPORTUNITY INTERVENTION: THE ROLE OF EXTENDED NEIGHBORHOODS

A long history of research has indicated that neighborhood poverty increases youth's risk taking and delinquency. This literature predominantly has treated neighborhoods as independent of their surroundings despite rapidly growing ecological evidence on the geographic clustering of crime that suggests otherwise. This study proposes that to understand neighborhood effects, investigating youth's wider surroundings holds theoretical and empirical value. By revisiting longitudinal data on more than 1500 low‐income youth who participated in the Moving to Opportunity (MTO) randomized intervention, this article explores the importance of extended neighborhoods (neighborhoods and surroundings) and different concentrated disadvantage configurations in shaping gender differences in risk taking and delinquency. The results from two‐stage, least‐squares analyses suggest that the extended neighborhoods matter and they matter differently by gender. Among girls, extended neighborhoods without concentrated disadvantage were associated with lower risk‐taking prevalence than extended neighborhoods with concentrated disadvantage. In contrast, among boys, localized concentration of disadvantage was associated with the highest prevalence of risk taking and delinquency. Interactions between the immediate and surrounding neighborhoods were similarly associated with differential opportunity and social disorganization mediators. Among the more critical potential mediators of the link between localized disadvantage and boys’ risk taking were delinquent network ties, strain, and perceived absence of legitimate opportunities for success.     

高浓度口蹄疫病毒抗原的稀释试验

用预备试验初选的 4种稀释剂a、b、c、d ,对经浓缩培养法繁殖的牛、猪O型口蹄疫病毒进行稀释 ,使其与普通毒 (对照 )浓度相当。然后将其与普通毒一起在不同温度下放置不同时间后 ,测定TCID50 ,并对测定结果进行方差分析和多重比较。结果显示 ,4种稀释剂稀释的病毒TCID50 存在显著差异 ;a和b稀释的病毒TCID50 之间无显著差异 ,但均显著高于c和d稀释的病毒TCID50 ;a和b稀释的病毒与普通对照毒的TCID50 也无显著差异。表明 ,a和b均可用于稀释口蹄疫病毒抗原 ,考虑到成本 ,宜选用b。