浅谈我国刑法罚金刑的问题及其完善

罚金刑是指人民法院为惩治犯罪人员所采取的要求犯罪人员向国家缴纳相当数量金钱的刑罚方法。在我国的刑罚体系中,罚金刑是一种相当重要的附加刑,它所适用的范围也相当广泛。在我国刑法中,几乎所有的贪利犯罪都进行了并处或者单处罚金的规定,可是,对于罚金刑的配置、罚金数额的确定以及罚金刑的裁量和执行还存在一些需要解决的问题。因此,本文从介绍罚金刑出发,分析了我国刑法罚金刑现存的问题,从而提出了完善我国刑法罚金刑的措施。     

“刑事处罚”与相关概念辨析

＂免予刑事处罚＂与＂免除处罚＂含义相同。＂给予刑事处罚＂的含义为＂作出有罪判决＂。＂免予刑事处罚＂与＂给予刑事处罚＂在＂作出有罪判决＂上发生交集。刑法应当采纳＂刑事制裁＂作为＂刑事处罚＂与＂非刑罚处理方法＂的上位统摄概念。     

健身秧歌对60～65岁老年女性体质的影响

选取30名自愿参加健身秧歌锻炼且没有参加其它锻炼形式的60～65岁老年女性作为实验组,并随机选取27名同年龄段没有参与任何形式健身锻炼的老年女性作为对照组．运用实验法经过20周系统的健身秧歌锻炼,对实验前后两组人群体质状况进行比较研究,探讨健身秧歌锻炼对老年人体质的影响,从而为广大老年女性参加健身秧歌运动提供一定的参考．     

我国中小学体育教师评价主体存在的问题及其对策分析

本文主要对我国中小学体育教师评价主体存在的问题进行分析与研究,旨在完善我国中小学体育教师评价体系,从而更合理地选择我国中小学体育教师的评价主体,更有效地对我国中小学体育教师进行评价。     

《中华人民共和国体育法》修改的动因、指导思想与原则探析

由于体育社会关系变革的外在挑战和法律规范结构不完整、权利特性不足的内在推动,《中华人民共和国体育法》的修改势在必行.其修改应以公平为指导思想,要平衡体育各领域,以达到形式公平,保障体育权的公平享有,以实现实质公平.应确立以体育人权为本位的修改原则,并平衡政府、市场与社会的关系.     

Attachment insecurity accounts for the relationship between maternal and paternal maltreatment and adolescent health

ObjectivesMaltreatment is linked with poor health outcomes. Attachment and affect regulation may mitigate the long-term impact of these adverse experiences on health outcomes. Little is known about the relative impact of maternal versus paternal maltreatment and interparental violence (IPV) on general health status of female and male youth.MethodThe present study examined the impact of exposure to maternal and paternal emotional and physical maltreatment, neglect, IPV, and cumulative maltreatment exposure in adolescence on general physical health problems reported five years later. High-risk youth (N = 179; Mage = 15.34, SD = 1.53; 46.4% female) self-reported maltreatment experiences, attachment insecurity, and affect dysregulation at Time 1; and affect dysregulation and physical health five years later at Time 2.ResultsAttachment insecurity accounted for the effect of maternal and paternal emotional maltreatment, and maternal and paternal cumulative maltreatment exposure, on physical health. Additionally, attachment insecurity accounted for the effect of paternal neglect on physical health. Further sex differences were found with regard to maltreatment type and are discussed.ConclusionBoth maternal and paternal maltreatment in adolescence predicted poor general health five years later via attachment insecurity. Youth who lack a secure attachment with their parents are most vulnerable to these impacts.     

The association between perceived injunctive norms toward corporal punishment,parenting support,and risk for child physical abuse

The use of corporal punishment (CP) is a strong risk factor for many poor outcomes for children including child maltreatment. The use of CP occurs within social contexts which are important to understand. Although it is known that perceived social norms regarding CP are related to its use, the specific role that a mother’s primary support person plays in influencing attitudes toward and use of CP remains unknown. The current study assessed linkages between maternal perceived social support in parenting and perceived injunctive norms of CP from her primary source of support, with maternal attitudes toward and use of CP. Survey data were collected from female primary caregivers (N = 436) of children age 2 to 7 years (mean age = 3.7) enrolled in Special Supplemental Nutrition Program for Women, Infants and Children (WIC) clinics in Southeastern Louisiana. Most frequently, the biological father of the child (37.9%) and the maternal grandmother of the child (24.2%) were identified as the participant’s primary source of social support in parenting. Perceived injunctive norms of this support person toward CP use were significantly and positively associated with attitudes toward, AOR = 5.97, 95% CI = [4.04, 8.82], and use of CP, AOR = 3.77, 95% CI = [2.55, 5.59]. However, perceived social support was not associated with these outcomes and also did not moderate these associations. Findings suggest that efforts to reduce maternal risk for child physical abuse and use of CP must include the mother’s primary source of social support if they are to be successful.     

Trends in US physician diagnosis of child physical abuse and neglect injuries, 2006–2014

ObjectiveTo determine if US child physical abuse and neglect injury rates changed from 2006 to 2014, whether definitive diagnoses of physical abuse and neglect were used more often over time, and what patient factors influenced definitive physical maltreatment diagnoses.MethodsNationally estimated rates of definitive and suggestive physical abuse and neglect injuries for children <10 years were generated using the Nationwide Emergency Department Sample, the National Inpatient Sample, and census estimates. Trends over time were evaluated, including the trend in the proportion of definitive diagnoses to all diagnoses (definitive plus suggestive). Logistic regression was used to evaluate whether patient characteristics and hospital patient volumes were associated with definitive versus suggestive diagnoses.ResultsThe population rates of child physical maltreatment medically treated injuries were unchanged from 2006 to 2014; the trends were not statistically significant for ED or hospitalized patients. Over time, physician definitive diagnoses as a proportion of all physical maltreatment diagnoses (definitive plus suggestive) increased in admitted children from 17.6% in 2006 to 22.0% in 2014 (p = 0.02). Older age, white race, lower income by zip code, and public insurance as well as larger patient volumes increased the odds of definitive rather than suggestive diagnoses of physical abuse and neglect injuries.ConclusionsDefinitive diagnoses of physical abuse and neglect increased over the study period and were associated with hospital volume and patient characteristics which may reflect provider experience and possible bias. The use of electronic medical records may have influenced the coding of definitive diagnoses.     

The corporal punishment ban in schools: Teachers’ attitudes and classroom practices

This study examines Indian teachers’ perceptions of corporal punishment (CP), the reasons why CP still persists despite a ban, and the ways in which CP controversy reflects on social climate of the schools. Drawing from literature on custodial views of pupil control and systems theories, this qualitative study primarily uses observations and interviews to examine teachers’ perceptions related to use of CP in Delhi, India. Based on the data analysis this study concludes that alternatives to CP and successful implementation of the CP ban depend on compatibility between local and national sociocultural norms, teachers’ attitudes and beliefs towards the policies’ objectives, and the availability of resources. This study helps with understanding educator’s perception of corporal punishment as a disciplinary tool to spur meaningful action and change in the society. Additionally, this study creates a context for the policy-makers to develop equitable policies capable of helping teachers effectively to deal with students’ misbehaviour and creating safe learning environments.     

论构建适应中国刑法特点的罪数论体系

中国学说中的罪数论体系及其概念主要源于外国学说,二者存在着明显的冲突,因此应当根据中国不喜好数罪并罚的制度的特点重新设定罪数论体系。设计的原则是:确立独立的罪数观念;坚持“构成要件说”和禁止重复评价、重复处罚的原则;适当简化罪数论体系,使之适合中国制度的特点。构建的思路是:对一罪、数罪和数罪并罚问题,分别从理论、立法、司法三个不同角度进行考虑。按照上述原则和思路构建的罪数论体系是:1.典型一罪和数罪;2.法定处罚的一罪;3.酌定处罚的一罪。在酌定处罚的一罪中包括想象竞合犯、牵连犯、选择一罪、同种数罪等概念。