On Alice’s Death in the House of the Seven Gables

Among the chain of mysterious destructions of Pyncheons, Alice’s death arouses divergent critical views in that the death befalls upon a female member of Pyncheon who is depicted as an innocent sevente...     

论激情犯罪的成立要件及处罚——以药家鑫案为视角

药家鑫一案在社会上产生了广泛的影响,其辩护律师提出其是激情杀人,让激情犯罪一词再次进入公众的视线,然而何谓激情犯罪,我国的刑事立法及司法解释却没有相关的规定。本文从激情犯的概念出发,明确激情犯的五个成立要件,并基于成立要件分析药家鑫的行为并对其加以定性,最后借国内外有关被害人过错的相关理论,得出激情犯得以减轻刑事责任的依据。     

Devil or Victim-An Analysis of the Characterization of Heathcliff in Wuthering Height

The character Heathcliff in Wuthering Heights is a controversial character that has aroused severe debate among critics and readers long since it was published in 1847. He is considered is a cruel devi...     

论不作为犯罪中的被害人行为

存在被害人自我侵害的情形时,为了解决保证人不履行作为义务的刑事责任问题,需要区分二者在这个过程中所起的作用大小。通过共犯从属性的媒介,被害人基于自我决定权的行为阻却了保证人不履行作为义务的违法性,使得不作为犯罪不能成立。     

刑事起诉阶段听取被害人及其诉讼代理人意见的理论探讨

刑事起诉阶段听取被害人及其诉讼代理人意见,是保障被害人人权的重要途径之一,具有充分的理论根据。无论英美法系还是大陆法系国家刑事诉讼法都作了相应的规定。但在我国,由于立法的原则规定和程序性后果的缺失,这一程序在司法实践中常常被任意简省和取消,严重侵犯了被害人及其诉讼代理人的陈述意见权,应当完善。     

Management of bullying in Northern Ireland schools: a pre-legislative survey

Background:?Unlike the rest of the UK, Northern Ireland has only recently (2003) implemented legislation regarding the requirement for anti-bullying policies in the province's school system.

Purpose:?The purpose of the study was to ascertain the nature of the management of bully/victim problems across Northern Ireland schools prior to the enactment of legislation.

Sample:?From an exhaustive sampling frame of all 1329 schools in Northern Ireland (96 nursery, 910 primary, 167 secondary, 73 grammar, 54 special, 29 further education), a total of 285 schools replied to a questionnaire (20 nursery, 181 primary, 41 secondary, 26 grammar, 13 special, 3 further education, 1 non-specified), a return rate of 23.11%.

Design and methods:?A review of the literature and consultation with educational experts in Northern Ireland resulted in the development of an ‘Audit’ questionnaire designed to examine dissemination and implementation (or not) of Department of Education, or bespoke, discipline and anti-bullying policies; components of anti-bullying programmes; the communication of anti-bullying policies to the school community; staff training; reporting and management of claims of staff victimisation; sanctions against bullies; and homophobic bullying.

Results:?It was found that, in a legislative vacuum, the schools in Northern Ireland had been acting in a proactive manner regarding the management of such bully/victim problems (e.g., development and implementation of policies, effective communication strategies).

Conclusions:?These results provide a baseline from which the efficacy of subsequent legislation in Northern Ireland can be evaluated. Utilisation of the methodology adopted in this study would be beneficial in other jurisdictions in evaluations of knowledge, attitudes and management of bully/victim problems, either pre- or post-implementation of legislation.     

勒内·基拉尔与《约伯记》的人类学解读——以《约伯,民众的替罪羊》为例

在《约伯,民众的替罪羊》一书中,勒内.基拉尔对《约伯记》的解读基于"模仿欲望"、替罪羊机制基础,通过对《约伯记》文本的分析,基拉尔揭示了《约伯记》中存在的集体暴力和替罪羊机制,通过区分"迫害者的上帝"和"受难者的上帝"两种形象,探讨了《圣经》的独特意旨是揭露替罪羊机制。基拉尔的解读属于一种人类学解释范式。     

论公安机关在侦查阶段的和解撤案制度

2012年的刑诉法修正案确立刑事和解制度。结合刑事诉讼法修正案对刑事和解的规定,分析公安机关在侦查阶段对适用刑事和解程序的案件享有撤案权的必要性和可行性,并就侦查阶段公安机关适用和解撤案的程序及监督制度进行探讨。     

Sport and the sexually abused male child1

Through feminist research in the study of sport, the issue of child sexual abuse has been driven onto the agenda of sports organisations, resulting in considerable practical reform (Brackenridge, 2001 Brackenridge, C. H. 2001. Spoilsports: understanding and preventing sexual exploitation in sport, London: Routledge. [Crossref] , [Google Scholar]). However, the flip-side to this development is that the experience of sexually abused males has been largely ignored. In 1990, Struve claimed, ‘a growing number of clinicians who work with sexual abuse are discovering that males probably are sexually victimized just as frequently as females’ (p. 3). Despite research on the ‘sexually victimized’ male reaching back over the last 15 to 20 years, researchers in sport have, so far, largely ignored the issue of the sexual abuse of males. Certainly, there has been no in-depth treatment of the abuse of males and sport researchers, to date, have been driven by the ‘male perpetrator–female victim’ paradigm. This focus has influenced the type of research that has been conducted and has inadvertently contributed to the further silencing of the sexually abused male. This paper focuses upon the absence of sexually abused male children in empirical research and theoretical analyses of sport. It notes issues, previously ignored within sport, surrounding the sexual abuse of males, particularly the under-identification of this group, as well as recognition of female perpetrators. Through reviewing literature from social work and therapeutic disciplines, this paper brings the sexually abused male into focus and facilitates a discussion of issues, distinct from the sexual abuse of females that have much relevance for sport. It concludes that if sport is to attempt to safeguard all children from sexual abuse, research in, and analyses of, sport, must reflect the highly complex nature of child sexual abuse, including the experience of male children.     

贵族制度的牺牲品——吕西安性格分析

十九世纪初的法国，正是思想界并常活跃的时期。封建贵族阶级正在作最后的挣扎，小说《幻灭》的主人公吕西安正是一个对贵族社会充满盲目幻想、一头扎进贵族社会怀抱的可怜虫和牺牲品。