冤假错案的成因及对策

审视近年来不断披露的冤假错案,不难发现任何一起冤假错案的形成都不是偶然的,而是各种因素合力作用的结果,尤其是应当对冤假错案的发生起着重要防范作用的审判环节,却因未能将程序公正的价值根植于法官内心,导致疑罪从无、非法证据排除、审判依法独立等原则在具体的审判实践中无法实现,是一批冤假错案发生的主要根源。需要坚持疑罪从无、非法证据排除、依法独立行使审判权三大原则,以求将冤假错案的发生率控制在最低的限度内。     

“青少年犯罪”概念之解析

"青少年犯罪"这一概念在犯罪学中占有极为重要之地位,其抓住了青少年群体的特殊性,具有合理性与独有优势,而解析此概念是研究青少年犯罪现象的重要前提,具体而言,"青少年犯罪"中青少年的范围应在十四岁到二十五岁之间,犯罪一概念应当做广义理解,同时包括违法行为和严重违反道德的具有社会危害性的行为,刑法中明确规定的罪行只是其典型形态。     

Students selling sex: marketisation,higher education and consumption

Robust academic research on the topic of students involved in the sex industry is in its infancy, yet the relationship appears consistent and permanent. This paper draws on findings from the largest study into the stripping industry in the United Kingdom to explore the relationships between students, sex work and consumption. To make sense of the relationship between students and participation in the sex industry, a deeper understanding of other social and cultural processes is needed. In this discussion we argue that the following points are relevant and interlinked: changes to the nature of sexual commerce and sexual consumption as they become part of the marketplace; changes in social attitudes and the rise of ‘respectability’ in sexual commerce; the ‘pleasure dynamic’ amongst students; and changes in the higher education structure that place students as consumers as well as financially fragile. We set out a future research agenda given that this relationship is set to grow as the individual bares the cost of higher education.     

Queering Constructs: Proposing a Dynamic Gender and Sexuality Model

Abstract

Higher education educators commonly understand social identities, including gender, to be fluid and dynamic. Lev's (2004) model of four components of sexual identity is commonly used to demonstrate the fluidity of sex, gender, and sexuality for individuals, but it does little to address the fixedness of those constructs. Through a multipronged intersectional framework and by centering trans* -students, this article proposes a more dynamic model for gender and sexuality.     

Use of sexuality-focused entertainment media in sex education

The literature on the impact of entertainment media on sex education is typically pathology-focused, unclear regarding the effects of such usage, and void of dialogue between those who actually work in the areas of sexuality education and entertainment. To address this gap, this paper is the product of joint authorship between media figures from varied sexually-focused programming fields and academics who teach and conduct research in the areas of sexuality and relational health. The authors focus on the role that various forms of entertainment media play in educating members of the public and college classrooms in the areas of sex and sexuality. Additionally, examples of the inclusion of entertainment media in educational contexts are discussed.     

Using sexually explicit material in a therapeutic context

For most of us, sex is a subjective, lived experience that is as unique as our genetic make-up, our upbringing, our thoughts, values, feelings, beliefs and ideas. It is through our erotic interactions, or the absence thereof, that we form aspects of our fluid and mutable erotic paths and identities. Despite the proliferation of sexual imagery throughout our culture, many of us still struggle with what sex means to us, what we do, how we experience it and what that says about who we are as people. Some who struggle with this may seek the services of a psychosexual sex therapist. This paper aims to explain how such services function, why they are necessary and how the use of sexually explicit material, in some psychosexual therapeutic contexts, can help unravel the mixed responses we have to sex and our social conditioning, and enhance our overall relationship to eroticism, pleasure and general well-being.     

论未成年人强制性教育措施——兼论与社区矫正之契合

未成年人强制性教育措施具有灵活、开放和有效的特性,在预防犯罪、维护社会稳定方面发挥着重要作用,但却存在一定程度的滥用。未成年人社区矫正的推行更是加剧了其适用方式的错位与失衡。引入社区矫正,推动未成年人强制性教育措施的去行政化、社会化和多样化。通过两者的衔接与契合,实现对该措施的改造。     

Childhood trauma and neighborhood-level crime interact in predicting adult posttraumatic stress and major depression symptoms

Previous research has identified several individual-level factors that modify the risk of childhood trauma on adult psychiatric symptoms, including symptoms of major depression (MD) and posttraumatic stress (PTS). Neighborhood-level factors also influence the impact of individual-level exposures on adult psychopathology. However, no prior studies to our knowledge have explored cross-level interactions between childhood trauma and neighborhood-level factors on MD and PTS symptoms. The purpose of this study was therefore to explore cross-level interactions between a neighborhood-level factor – neighborhood-level crime – and childhood trauma on MD and PTS symptoms. Participants in this study (N = 3192) were recruited from a large public hospital, and completed self-report inventories of childhood trauma and MD and PTS symptoms. Participant addresses were mapped onto 2010 census tracts, and data on crime within each tract were collected. Multilevel models found a significant cross-level interaction between childhood trauma and neighborhood crime on MD symptoms, such that the influence of high levels of childhood trauma on MD symptoms was enhanced for participants living in high-crime neighborhoods. Supplementary analyses found variation in the strength of cross-level interaction terms by types of childhood trauma and crime, with the strongest associations including emotional neglect paired with personal and property crime. The results provide preliminary support for interventions that help childhood trauma survivors find housing in less vulnerable neighborhoods and build skills to cope with neighborhood crime.     

德日刑法学中的财产罪保护法益问题之比较

财产罪侵害何种法益是以德日为代表的大陆法系国家刑法理论上早有争议的问题。在德国有法律的财产说、经济的财产说和法律的经济的财产说之争，在日本则有本权说、占有说及各种修正说之论。争论的实质在于：是扩大、缩小、还是适当限制财产罪的处罚范围。从马克思主义关于犯罪本质的学说而论，财产罪的本质是侵犯财产所有权，似乎本权说更为可取；刑法的廉谦抑性原则也要求对财产罪的处罚范围加以限制，采取本权说更符合刑法的精神。但对传统的本权说应该作适当的修正。     

提高犯罪成本 促进依法治国

当前违法、犯罪现象蔓延滋长 ,腐败现象居高不下的一个重要原因是犯罪成本太低。因此 ,应当提高犯罪成本 ,加强法制建设 ,促进依法治国