故意伤害罪的改革设想

由于刑法上只有伤害故意,并不将行为人的主观故意细分为轻微伤害、轻伤害、重伤害等若干等级,使得故意伤害罪的判决个别出现合法而不合情理的现象.针对此,有必要对现行的故意伤害罪进行改革,以便于实务界操作,使定罪更明确、量刑更合理,也使受害人得到更有力的保护.     

论随意殴打中未致人死亡共犯的刑事责任

在二人以上随意殴打他人并致人重伤、死亡的案件中,经常出现重伤、死亡的结果仅仅为其中某一个或某几个犯罪行为人所为的现象。对实施致人重伤、死亡行为的犯罪行为人,可以依想象竞合犯理论以故意伤害罪或故意杀人罪定罪处罚。对未实施致人重伤、死亡行为的犯罪行为人,应根据各犯罪行为人有无犯意联络,是否形成I临时共同故意、故意内容是否包含伤害、杀人,各犯罪人的行为与重伤、死亡后果之间是否存在相当的因果关系,或以故意伤害或者故意杀人罪共犯定罪处罚,或以寻衅滋事罪处断。     

论故意伤害行为定性之焦点

故意伤害行为的定罪长期以来存在对未遂的否认和轻伤入罪的司法现象,从而造成案件操作中故意伤害行为定性的尴尬。然而这种定罪模式是割裂法条关系和有违罪刑法定原则的,原因在于对刑法总分则之间实质关系及行为人主观故意探寻的忽视。因此应承认故意伤害罪未遂的成立,并结合案件整体进行故意伤害行为的定性评价。     

"妨害公务罪"若干问题研究

刑法第277条不应解释为一个罪名——“妨害公务罪”,而是四个罪名;“妨害公务罪”兼具侵犯国家法益和侵犯社会法益的性质,但以前者为主;“妨害公务罪”的行为对象包括国家机关工作人员以及红十字会工作人员两类,其中人大代表也属于国家机关工作人员;“妨害公务罪”属于具体危险犯,其“暴力”从外延看包括间接暴力,从程度上看不包括造成轻伤害的情形;“妨害公务罪”中的“公务”应符合合法性条件,合法性的判断标准是法官就公务行为时的情况进行客观的判断;当行为人对公务行为的合法性发生认识错误时,阻却犯罪故意;当行为人以暴力、威胁方法阻碍国家安全工作任务时,应按照刑法第277条第1款规定定罪处罚,而不是按照同条第4款定罪处罚。     

故意杀害孕妇的若干问题探讨

目前,故意杀害孕妇致使胎儿在孕育生长过程中遭受第三人不法侵害的案件频繁发生,我国关于胎儿保护立法不完善,因此在审理故意杀害孕妇胎儿案件时定罪量刑问题存在很大争议。通过对故意杀害孕妇人数计算问题、法学界关于故意杀害孕妇行为认定的评析和对故意杀害孕妇量刑适用的探讨,并借鉴国外立法,结合我国司法实践,进而探讨对我国故意杀害孕妇立法的量刑界定。     

间接实行犯探析

间接实行犯是一种特殊的犯罪形态，它是行为人通过一定的行为或一定之行为结果来实施犯罪的情形，行为人的行为具有间接性。同时行为人与他人不构成共同犯罪关系，这是间接实行犯与共同犯罪的区别。按照间接实行犯所通过的行为与结果表现出的特征可把间接实行犯分为九种类型，对上述类型的间接实行犯的处罚，我们应把握直接性原则、独立性原则和在预见与应预见范围内负责原则，这样才能正确贯彻与罪刑相适应的基本原则的精神。     

姑姑的忏悔——论莫言的《蛙》

残酷与火热的年代,锻炼了姑姑的坚强性格,培养了她对党和事业的无限忠诚。在执行计划生育政策时,姑姑铁面无私、冷酷无情,扼杀了二千八百个胎儿和三个孕妇,结果不仅伤害了他人,也伤害了自己。姑姑晚年的忏悔,不仅昭示姑姑的良心发现和回归,以及对自己人生的重新审视,同时也提醒我们:"他人有罪,我亦有罪"。     

故意杀害胎儿行为的刑法构思

胎儿作为一个特殊的生命体,是夫妻生育权和孕妇身体权的载体.然而,对于故意杀害胎儿的行为,我国现行刑法并无明确的界定.文章认为应在刑法中增设"杀害胎儿罪",严惩故意杀害胎儿行为,增加对胎儿的单独保护.     

孕期科学用药,真的很重要

许多准妈咪缺乏孕期科学用药的知识,也不向有关医生咨询,擅自像常人一样用药,以致对胎儿造成不同程度的伤害,有的甚至导致不能继续妊娠。所以,孕妇用药时除了要遵循一般用药原则外,还应考虑药物对自身和胎儿的影响,权衡利弊,科学用药,滥用药和不敢用药都是不可取的。孕妇应遵循     

关于寻衅滋事罪若干问题研究

寻衅滋事罪是司法实践中常见的犯罪,对社会秩序的稳定造成了危害。针对此罪,本文对其含义进行详细解释,同时对该罪与一般寻衅滋事行为、故意伤害罪进行区分,对转化后的共犯问题予以分析,以期对分析判断该罪有一定的参考作用。     

Hospitalisations for maternal assault are associated with increased risk of child protection involvement

BackgroundPrevious research shows a co-occurrence between children's exposure to violence and child maltreatment.ObjectiveThis study examined the risk of maltreatment allegations in children whose mothers had been hospitalised due to an assault.Participants and settingThe study used a retrospective cohort of children born in Western Australia between 1990–2009 (N = 524,534) using de-identified linked-administrative data.MethodsMultivariate Cox regression determined the adjusted and unadjusted hazard ratios for child maltreatment allegation in children with a mother hospitalised for assault. Models were adjusted for a range of sociodemographic characteristics.ResultsOne in five children had a maltreatment allegation following their mother's hospitalisation for assault. This increased to two in five children when the mother was assaulted in the prenatal period. Aboriginal children accounted for 57.6% of all allegations despite representing only 7.8% of the population.Children whose mother had a hospitalisation for assault were nine-times (HR = 9.20, 95%CI: 8.98–9.43) more likely to have a subsequent maltreatment allegation than children whose mother did not have a hospitalisation for assault. Following adjustment for confounding factors, both Aboriginal and non-Aboriginal children had an almost two-fold increased risk of maltreatment allegation (HR = 1.56, 95%CI: 1.43–1.70; HR = 1.93 95%CI:1.80–2.07).ConclusionsOur study shows that child maltreatment allegation is common in children following a maternal hospitalisation for assault. Targeted early intervention is required for families with young children, and pregnant women experiencing violence. Importantly service staff need awareness of the impact of violence on families and the appropriate services to refer families to.     

Breastfeeding problems following anesthetic administration

Research literature supports the notion that maternal comfort should be considered a priority and that mothers should receive adequate information regarding any drug prior to receiving that drug. Some studies indicate that difficulties with breastfeeding may be related to the amount of the anesthetic or analgesic that is administered to the mother. Thus, it seems wise to administer the lowest possible dose to the mother in order to minimize the amount of drug (or metabolite) exposure to the nursing infant. Infant exposure can be further reduced if breastfeeding is avoided during the times when the mother receives high doses of anesthetics and analgesics. However, because relatively small amounts of the drug are excreted into the breast milk, some mothers may opt to continue nursing after weighing the benefits of breastfeeding against the potential risk to the infant. Others may choose to "pump and dump" breast milk while they receive anesthetic or analgesic agents. Any concerns in this regard should be discussed with the anesthesia provider, preferably prior to labor or to any surgeries while breastfeeding.     

Strangers in a Strange Land: A Psychobiological Study of Infant Monkeys Before and After Separation from Real or Inanimate Mothers

Some rhesus monkey (Macaca mulatta) infants have a "despair" or depression-like response to mother-infant separation, while others do not. The presumed interrelation between early rearing conditions and the neurobiological status of the infant that might lead to increased risk for despair is not understood. In this study, the characteristics of the "mother" were controlled by rearing infant rhesus monkeys with their biological mothers, or with inanimate mothers. Behavioral data were collected before and after separation at 6-7 months of age. The neurobiological status of the infants was evaluated by measuring the concentration of norepinephrine, its major metabolite, and the metabolites of dopamine and serotonin in cerebrospinal fluid. The results suggest that despair is not simply a behavioral response to separation. Instead, despair may reflect the inability to cope with the separation environment. Coping with the separation environment appears to depend on neurobiological and behavioral characteristics of the infant that are related to, if not determined by, characteristics of the mother.     

Cognitive Set and Coping Strategy Affect Mothers' Sensitivity to Infant Cries: A Signal Detection Approach

We used Signal Detection methodology to examine how cognitiveset affects mothers' response to an infant cry. We asked whether a cry from a "difficult" versus an "easy" infant would elicit a change in sensitivity or response bias in mother processing of these cries. Thirty-eight mothers of 4- to 6-month-old infants participated in a Signal Detection task in which they were asked whether they could detect differences between a standard cry and 1 to 4 cry variants. Cry variants differed from the standard cry in small, systematic changes in fundamental frequency. The task was conducted in 2 parts; each part constituted a condition wherein mother received a cognitive set manipulation that labeled the identical cry as coming from either a'difficult'or an "easy" infant. An increase in mothers' sensitivity was associated with the "difficult" infant cognitive set. We examined as well how a coping strategy(illusion of control) affected cry signal processing. Mothers who Exhibited high illusory control were least -sensitive in detecting differences between cries. Two information-prcessing, measures response time and heart rate, were also collected and showed that greater sensitivity was associated with more efficient processing of the cry signal.     

Maternal employment and parent-infant interaction at one year

The purpose of this study was to ask if parent-infant interaction differs in middle-class families with employed and homemaker mothers. Home observations of mother, father, and infant were carried out on weekday evenings, and observations of mother and infant as a dyad were performed during the daytime. Findings indicated group differences in the mother-father-infant context only, in which infants in the homemaker-mother group smiled and laughed more and were engaged more often in mutual looking and object play. Furthermore, daughters in the employed-mother group, but sons in the homemaker-mother group, received more parental stimulation encouraging their attention of objects.     

畸形的共生体——浅析耶利内克小说《钢琴教师》中的母女关系

2004年诺贝尔文学奖得主耶利内克的小说《钢琴教师》描写了一种异化的母女关系。母女二人如共生体般密不可分,却又相争相斗,互相伤害。女儿的人性受到压抑、摧残。作家通过描写母亲对女儿的全方位压制,对人性受压迫主题进行夸张和典型化处理,鞭辟入里地批判了现实社会。     

Evolution of human parenting: Canalization,new types of learning,and mother-infant conflict

Human infancy is the mammalian extreme of an evolutionary trend towards a long, drawn-out life history. An extreme form of parental care and investment co-evolved. This is a drain on the mother’s resources and, consequently, a conflict results between the interests of the mother and the infant. It is in the interest of the mother to reduce her care as soon as possible. This is not done all at once, but in steps. The timing of these steps is dictated by the highly canalized infant development. Every time a new type of learning (preadapted responsiveness to certain learning opportunities) emerges in the infant, the mother withholds a related type of privilege/care. Consequently, mother-infant conflict results, until the infant gives in and reaches a new level of independence. Mother’s behaviour in a conflict period is of paramount importance: on the one hand it is mother’s role to sense the infant’s new educability and to (force) teach it how to use the newly emerged abilities it might not, or not fully, have used otherwise. On the other hand, mother-infant conflict may escalate and become pathogenic. Mother is bound to stay within limits dictated by the canalized abilities and interests of the infant. A deepened knowledge of the new types of learning is helpful in education during infancy. Control Systems Theory (CST) is useful in understanding the new types of learning and in bringing order in many new infant developments in various functional domains.     

颅脑外伤半年后智商鉴定223例结果分析

目的:回顾性总结颅脑外伤后的智商状况.方法:对颅脑受过创伤的223例患者的智商鉴定结果进行总结、分析.结果:患者颅脑外伤后的平均智商水平处于轻度缺损的范围,没有重度与极重度者,而且智商水平基本不受年龄、性别以及受伤前文化程度等因素的影响.结论:颅脑受到创伤后经过一定时间,脑功能可以获得最大限度的恢复;颅脑外伤后的智商鉴定时间在伤后半年到一年的时间内比较适宜.     

Attachment to Mother/Attachment to Father: A Meta-Analysis

An important tenet of attachment theory is that classification of security or insecurity as derived from the Strange Situation reflects the quality of an infant's relationship with its caregiver. One piece of evidence supporting this claim is the lack of concordance of classification between an infant and its mother and father. We performed a meta-analysis of the 11 studies that have examined the concordance of mother/father attachment to an infant. We found that security of attachment to one parent was dependent upon security to the other parent, that type of insecurity (avoidant/resistant) to one parent was dependent upon type of insecurity to the other, and that subcategory classification within the secure category (B1B2/B3B4) to one parent was dependent upon subcategory classification to the other. These data raise important questions regarding the meaning of infant attachment classification as derived from the Strange Situation. Among the possible explanations for the pattern of data are existence of concordant parenting styles and/or influence of infant temperament (possibly the tendency to cry upon separation) on classification of security/insecurity in the Strange Situation.