中国民法现代化历程中的三个误区

清末民初开始的中国民法现代化历程,在确立平等、自由、秩序等现代民法精神,构筑当代民法制度发展基本脉络的同时,尚存有一些遗憾与不足,以下三个历史误区更值得关注:民法现代化初期的民法价值理念,不恰当地追随了西方的“权利社会化”思潮;民法现代化历程始终未能摆脱国家本位主义的阴影;民法制度的创制过度突出了“制定法”地位与“法律移植”的作用。为此,我们需要进一步反思这一百年的民法现代化历程之得失,以期重新展望、描绘更为美妙的民法现代化图景。     

Impact of Defense-Only and Opposing Eyewitness Experts on Juror Judgments

Previous research shows that expert testimony on eyewitness memory influences mock-juror judgments. We examined the extent to which opposing expert testimony mitigates the impact of defense-only expert testimony. Participants (N = 497) viewed a video-taped trial involving an eyewitness identification and individually rendered verdicts and evaluated the evidence and the experts. We manipulated the Foils (unbiased vs. biased) and Instructions (unbiased vs. biased) of the lineup and Expert Testimony (no expert vs. defense-only expert vs. opposing experts). Expert testimony did not significantly influence juror judgments, but the opposing expert testimony diminished the credibility of the defense expert in the eyes of the jurors. Results point to the need for further research on conditions that qualify the impact of expert testimony.     

抢劫犯罪死刑适用实证研究

在我国短时间内废除死刑并不现实,当务之急是规范死刑适用。抢劫犯罪的死刑主要适用于致人重伤、死亡的抢劫犯罪和其他情节极为恶劣的抢劫犯罪。在认定主要刑事责任人时应全面考察罪中、罪后、罪前等多方面情节。自首、立功等法定从宽处罚情节一般只及一罪;"先杀后抢"、"先抢后杀"的宣告刑应基本一致;在抢劫犯罪中一般不存在被害人有过错的情形;"赔偿免死"的前提是犯罪分子真诚悔罪。酌定从宽情节的适用亟待规范。     

浅析人才资源开发中的十个误区

人才资源是所有资源中最宝贵的资源 ,大力开发人才资源 ,有利于加快我国经济建设和社会发展。然而有些地方和单位领导违反人才资源开发规律 ,在人才资源开发中 ,存在十个误区 ,即重选轻用、外热内冷、只用不育、引人不引智、重奖轻罚、物质奖励代替精神奖励、只宽不严、只使用不储备、能力与职位相悖、结构比例失调。     

Beggar's Chicken

正This famous dish originates in the reign of Emperor Qianlong(1711-1799).The emperor,while travelling in the guise of an ordinary civilian,got lost in the wilds south of the Yangze River.A sympathetic beggar invited the emperor to share a humble meal,which later became famous as"beggar’s chicken".As the legend goes,the beggar stole a chicken while wandering around a village in Changshu County,Jiangsu Province.Since he had no cooking utensils,after killing and gutting the chicken,the beggar coated it with mud and straw     

Mass murders in Germany – classification of surviving offenders based on the examination of court files

Personality, psychopathology, and motives of 44 surviving offenders committing mass murder in Germany over 25 years (1984–2009) were analyzed using court files and psychiatric expertises. Initially, 123 mass murders in Germany were detected in the time period 1980–2010 (inclusive deceased offenders). Using a data entry form based on ViCLAS (Violent Crime Linkage Analysis System), we categorized the 44 surviving mass murderers into three prototypes using the ‘TwoStep Cluster’-method (separation of the offenders in different groups depending on their similarity of specific items): 1. Narcissistic or aggressive men suffering from addiction or affective disorder, committing mass murder out of rage/hate when being intoxicated by alcohol, 2. Psychotic offenders with schizophrenia and comorbid substance abuse. 3. Aggressive, narcissistic or anxious adolescents, half of them suffering from affective disorder or ADHD, committing mass murder out of rage/hate. Not included are such events where the offenders died and therefore no court files or psychiatric expertises were available. Classification and subtyping of the offenders’ personalities and psychopathological conditions might help to improve the chances for an early detection of persons at risk.     

试析交通肇事移动逃逸致死的定性

遗弃罪法益的变化使交通肇事逃逸致死问题的定性变得复杂化。在交通肇事移动逃逸致死时 ,除可能构成交通肇事罪之外 ,还涉及到不作为的故意杀人罪与 (移置 )遗弃罪的界分。对此 ,应通过违反作为义务程度的强弱判断行为人主观故意的内容 ,从而准确区分二者。     

Much better than the sequential lineup: a 120-person lineup

Abstract

Large lineups may be more reliable than small ones. However, research has found greatly reduced identifications in 40-person lineups of photos shown sequentially one at a time. The task may be more difficult than necessary. Grouping photos may provide an easier one. Three studies had compared seven-page lineups (42, 84, or 168 members) with lineups of about 20. In the first two studies identification and mistaken choice rates were identical in the large and smaller lineup. Identifications in the 168-person lineup were much less. This study tested a 10-page 120-person lineup, and added a 12-person lineup. No difference was found between the 120- and 24-person lineups, and an interaction in 12-person lineups was found between graduate lab student witnesses and others. False identifications, and the probability that the suspect is innocent when ‘identified’, is much less in 120-person lineups than the 24- or 12-person lineups, or the sequential lineup.     

Gender,Culture and the Law: Approaches to ‘Honour Crimes’ in the UK

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach.

Targeted killing: a ‘dirty hands’ analysis

This paper examines the policy of targeted killing from a moral perspective and defends the possibility that under certain circumstances it is paradoxically both morally justified and morally reprehensible. Governments and their agents who authorize and partake in a policy of targeted killing end up, at best, with ‘dirty hands’ – they do wrong in order to do right. When faced with intractable moral conflicts/dilemmas, politicians and military strategists are forced to choose between lesser evils, rather than between good and bad options. Consequently, supporters and critics of the policy of targeted killing, those who in turn argue that such actions are either entirely justifiable or to be unequivocally condemned, fail to grasp properly the moral complexities of such situations. The paper examines the highly controversial targeted killing of Salah Shehada by the Israel Defence Forces in 2002 to illustrate the complexities and insights of a dirty hands analysis.