婚内强奸行为的刑法分析

婚内强奸现象由来已久,近来几起案件的不同判决引起了社会关注,遂成为理论热点。从传统意义上看,婚内强奸似符合犯罪构成的“四要件说”,当构成强奸罪。不过,鉴于婚内强奸与一般强奸行为的差异,对婚内强奸行为的认定不应草率以构成要件而论。在现行刑法的分析基础上,充分考虑婚内强奸行为所涉及的具体问题和各方面影响,不宜将该行为认定为强奸罪,也无需修改刑法另设新罪,完全可以在既有罪名体系之下,以虐待或故意伤害视之。     

高位视路损伤与管内段间接视神经损伤的比较

目的 探讨高位视路损伤的法医学鉴定问题。方法 搜集11例头部外伤致高位视路损伤的案例资料,与随机选取的20例管内段间接视神经损伤的案例资料进行比较,并就相关临床检查所见、电视野及闪光VEP特征进行分析。结果 与视神经损伤相比,高位视路损伤的临床常规检查,除视功能障碍的主诉外瞳孔对光反射及眼底均无阳性所见;电视野检查表现为双眼同向性偏盲,管内段视神经损伤表现为单眼视野缺损。在11例高位视路损伤者中,8例为枕叶皮层损伤,闪光VEP表现为双眼P1波潜伏期轻度延长,波幅基本正常;3例为皮层下损伤,表现为P1波潜伏期明显延长,波幅明显降低。视神经损伤闪光VEP表现为伤眼PI波潜伏期明显延长,波幅明显降低,甚至无波诱出。结论双眼视野同向性偏盲是高位视路损伤的特征性改变,高位视路损伤闪光VEP的异常率较低,但一旦双眼闪光VEP异常可以支持高位视路损伤的诊断,鉴定时应同时结合头颅CT及脑电图结果综合分析,加以确认高位视路损伤的存在。     

Prologue: the riddle of race

ABSTRACT

Bernard explores the myth of racelessness as it is currently circulating in American social discourse. The election of the first black American president has unleashed the term across the cultural landscape, from the mainstream media to the classrooms in which she teaches African American literature. Students use the term as a twenty-first-century incarnation of the civil rights-era concept of colour blindness. But racelessness does not represent an aspiration for equality as much as it represents an ambition to turn away from the realities of difference. It is code for a common ambition to avoid the realities of institutional racial inequalities, as well as personal experiences of cultural difference. The myth of racelessness intersects uncomfortably with current academic discourse that promotes the view of race as a social construction. Scientifically proven and irrefutably true, this discourse does not allow any room for the social experience of race and racial difference as it is lived by everyone every day, whether we like it or not. The election of President Barack Obama is a portal on to this current confusion about the concept of race, specifically, and blackness, in particular. Many pundits have speculated that Obama would not have been electable if he had had dark skin, if he were irrefutably black, in colour and culture. The fact that he himself has elected to call himself ‘black’ serves as the platform of Bernard's essay on the case of race in the United States.     

浅谈寻衅滋事罪与故意伤害罪的区分

自1997年现行《刑法》颁布,规定寻衅滋事罪后,司法实践中对于寻衅滋事罪与1979年《刑法》中的流氓罪及其他相关罪名的适用存在较多争议,表现在:寻衅滋事罪与故意伤害罪之间的关系;寻衅滋事行为致人重伤、死亡结果的定性;寻衅滋事罪与故意伤害罪的区分。     

爆炸案件中故意伤害罪和故意杀人罪界定探析

在爆炸案件审理的司法实践中,故意伤害罪和故意杀人罪的界定存在一定难度。司法机关工作人员不仅应该以犯罪行为人的主观故意为主要依据,还必须考虑爆炸手段、爆炸结果等客观方面的内容。     

Becoming black,becoming president

ABSTRACT

Speculation about the relationship between Barack Obama's election to the presidency and race in the United States was rife prior to, during and after his successful campaign. King looks at three aspects of this issue. First, as a kind of outsider, Obama had to prove himself black enough for African Americans of the traditional sort and not too dangerous for Whites. How did he achieve this? Second, Obama's election was made possible by changes in the voting behaviour of white Americans, particularly in the North, and the way that African Americans like Obama gained a foothold in, and at times control of, urban political machines, such as, in his case, Chicago. How have American historians treated this shift in white voting behaviour? Finally, the central question of how race still impinges on President Obama's performance as president. King concludes with a look at issues such as colour blindness and whiteness, the nature of black political identity and solidarity, and the variety of political roles from which a black leader such Obama can choose.     

Barack Obama and the American island of the colour blind

ABSTRACT

Kuryla maps a metaphorical American island of the colour blind—in law, public rhetoric and culture—in the process locating the first black president of the United States on it, evaluating the claim that his presidency represents a colour-blind or post-racial politics. Barack Obama rejects colour blindness as a fact in the present yet gestures to its ‘better history’ (his modern transposing of Lincoln's ‘better angels’) while refusing any theoretical resolution of the idea. Obama, in public pronouncements and by sheer fact of his being and his biography, reveals the epistemic irony of the colour-blind idea, its persistence amid the conditions of its impossibility.     

关于寻衅滋事罪中"随意殴打他人"的理解与适用

寻衅滋事罪的行为表现形式多样,其中"随意殴打他人,情节恶劣的"是司法实践中适用最多但又最难理解的条款.对于该条款的理解与适用不能停留于流氓动机的思维惯性,或者将"随意"仅理解为无缘无故以及把轻伤以上情形排除在外,流氓动机只不过是强化而并非决定了寻衅滋事罪的认定.随意殴打他人既可能事出有因,也可能产生轻伤以上结果,当根据"随意殴打他人"认定寻衅滋事罪时,需要综合考量实施殴打的对象、原因、次数、尤其是发生场域等构成要件,据此并结合实际案例总结出六种"随意殴打他人"的类型.     

Barack Obama as the post-racial candidate for a post-racial America: perspectives from Asian America and Hawai‘i

ABSTRACT

Okamura reviews the 2008 US presidential campaign and the election of Barack Obama as a ‘post-racial candidate’ in terms of two different meanings of ‘post-racialism’, namely, colour blindness and multiculturalism. He also discusses his campaign and election from the perspective of Asian America and Hawai'i given that Obama has been claimed as ‘the first Asian American president’ and as a ‘local’ person from Hawai‘i where he was born and spent most of his youth. In both cases, Obama has been accorded these racialized identities primarily because of particular cultural values he espouses and cultural practices he engages in that facilitate his seeming transcendence of racial boundaries and categories generally demarcated by phenotype and ancestry. Okamura contends that proclaiming Obama as an honorary Asian American and as a local from Hawai‘i inadvertently lends support to the post-racial America thesis and its false assertion of the declining significance of race: first, by reinforcing the ‘model minority’ stereotype of Asian Americans and, second, by affirming the widespread view of Hawai‘i as a model of multiculturalism.