我国环境刑罚轻缓化探析

毋庸置疑,在整个国际社会对环境犯罪处以轻缓刑罚的背景下,我国亦应该对环境刑罚采用轻缓化的原则。诚然,我国的环境刑罚制度与其他国家相比还有许多亟待完善的地方,但这并不妨碍我们在借鉴其他国家先进的立法经验的基础上构建适合我国具体国情的环境刑罚制度。在环境刑罚中要突出自由刑的适用,扩大并完善财产刑的适用,明确财产刑中过于模糊的规定,逐步改善环境犯罪的刑事处罚措施过于单一的缺点和功能上的不足,同时提高对辅助刑罚措施的关注。在环境犯罪方面,在适用传统刑罚措施惩治的基础上配合适用辅助刑罚措施,使我国环境刑罚轻缓化实践不至于成为一纸空谈。     

论我国现行高校惩戒权的缺憾及其完善

惩戒权的存在是维护高校自治的需求,合理合法行使惩戒权也是实现教育目的的需要。但我国的现状是高校惩戒权的界限和行使的程序缺乏明确的规定和相应的监督。此外,救济的缺失使得学生合法权益难以得到保障。本文提出了从实体规则、司法程序、救济和监督几方面来完善高校惩戒权的一些思路和解决方法。     

A propensity score matching analysis of the relationship between victim sex and capital juror decision-making in North Carolina

A small body of prior research has examined the impact of victim sex on jury death penalty decision-making and the majority of this research has demonstrated some evidence of a “female victim effect” such that cases involving a female victim are more likely to receive the death penalty than similarly situated cases with a male victim. However, within this line of research studies have suggested that victim sex may work in conjunction with other case characteristics. In order to further explore this phenomenon, the current study examines a near-population of death penalty cases from North Carolina (n = 1069) from 1977–2009 using propensity score matching. Results demonstrate that once cases are matched on more than 50 legal and extralegal case characteristics, there is no statistically significant or substantive link between victim sex and death penalty decision-making. Findings suggest that it is concrete differences in the legal and extralegal factors observed in cases with female victims compared to male victims that shape jury death sentence decisions rather than a direct effect of victim sex (before matching: OR = 1.53; 95% CI = 1.20–1.95; p < .001/after matching: OR = 0.90; 95% CI = 0.66–1.24; p = .52). Study limitations and implications are also discussed.     

Japanese Sociology in a Global Network. Internationalization,Disciplinary Development,and Minority Integration in the Road Ahead

The dual trajectories of Japanese sociology and Japan itself are poised at a watershed moment in their shared history. In recent years, Japanese sociology has enlarged its international presence in unprecedented fashion and the Tokyo Olympics have positioned the global spotlight on the entire nation of Japan, making it an opportune moment to reflect on the future of Japanese sociology in connection to Japanese society by way of internationalization. This article draws on the author's reflections on the latest 92nd Japan Sociological Society Annual Conference in the context of recent socio‐structural and intellectual transformations in counterpart sociological cultures in Anglo‐America. Drawing on three theorizations of disciplinary development by Abbott, Connell, and Burawoy, this article articulates two dimensions (socio‐structural and intellectual) with which to examine (i) what Japanese sociology can contribute to improve the internationalization decolonization, and pluralization of global sociology; and (ii) what global sociology can do to advance Japanese sociology's public contribution to improving and preserving LGBTQ minorities' societal well‐being.     

Thinking about biology and culture: can the natural and human sciences be integrated?

Genomic analyses have shown that only 1.2 per cent of the genome is devoted to protein coding sequences (the most commonly invoked definition of genes), and that much of the remaining sequences are employed in regulation – that is, in responding to signals, first, from the immediate environment of the DNA, but ultimately from the distal environment – from the cytoplasm, from the environment outside the cell, and finally, from the environment beyond the organism. Such signals are not restricted to the simple physical and chemical stimuli that impinge directly on the DNA, on the surface of the cell, or even on the body as a whole: organisms with central nervous systems have receptors for forms of perception that are not only more complex but far longer range. Humans have especially sophisticated perceptual capacities, enabling them to respond to a wide range of complex visual, auditory, linguistic and behavioural/emotional signals in their extended environment. Research has recently begun to show that responses to such signals can extend all the way down to the level of gene expression. The question is this: to what extent are we witnessing (at last) a rapprochement between the natural science of biology and the human sciences of sociology and anthropology, and to what extent do the new promises of synthesis merely reflect an expansion of older reductionist aims, threatening once again to marginalize rather than incorporate the insights of cultural analysis? As in my earlier discussion of the nature/nurture debate (2010), my focus will be restricted to the Anglo-American context.     

Establishing Laws and Policies on Parent to Child Violence in Finland 1965–1983

This study explores perceptions of parent to child violence, the arguments for imposing legal regulation, and the intended objectives of the legislative process that led to a ban in Finland in 1983. This qualitative policy analysis examines policy documents alongside expert interviews with professional on the legislative process. The example of Finland shows that a significant change in attitudes and decreased levels of violence towards children can be achieved without the threat of legal punishment, even without specific intervention policies. However, the study emphasises the importance of establishing clear practices alongside altering legislation which has been inadequate in Finland.     

侵权人不明的高楼落物侵权的法律规制

《侵权责任法》第87条对侵权人不明的高楼落物侵权责任的承担进行了规定,具有保障受害人得到补偿、统一司法实践、降低致害概率的积极意义。但是,该规定也存在许多不足之处,主要表现为不利于社会和谐、容易引发道德风险、预防功能不充分、适用前提不明确等,没有很好地解决高楼落物侵权所面临的困境。采取社会救济、高楼落物赔偿基金、保险赔偿等多种途径相结合的救济方式,行政法、刑法与《侵权责任法》相配合的惩罚制度,不仅可以使受害人得到及时的、充分的补偿,而且可以有效预防此类侵权损害的发生。     

文化学科群创建研究

创建文化学科群是适应和引领经济新常态、遵循和把握问题导向、深化和强化文化学科建设的客观要求和时代呼唤.中国创建的文化学科群,是由马克思主义为指导,以文化学为核心和灵魂、以社会发展领域的文化学科和学科研究范畴的文化学科为主体部分构成的“一头两翼”框架体系.系统创建并深入研究文化学科群,应努力把握其基本特点,运用其科学方法,并彰显其意义.     

论刑罚资源的有效配置

对刑罚意义的不同理解以及对刑罚目的的不同追求直接决定着刑事制裁方式的选择。刑罚的目的是通过加重犯罪所需要的成本来制止犯罪,从而得到最佳的刑罚效益。在刑罚资源有限的前提下,如何选择有效的刑事制裁方式,以最合理、最小量的刑罚成本投入,最大限度获取刑罚效益,始终是一个难题。从刑罚经济分析的角度,研究犯罪与刑罚的关系,有助于实现刑罚资源的有效配置,促进刑事司法活动成本减少、效益增大,进而更好地惩治犯罪与预防犯罪。     

Effects of a Punitive Environment on Children's Executive Functioning: A Natural Experiment

Few studies have examined the influence of environmental factors on children's executive functioning (EF) performance. The present study examined the effects of a punitive vs. non‐punitive school environment on West African children's EF skills. Tasks included a ‘cool’ (relatively non‐affective) and ‘hot’ (relatively affective/motivational) version of three EF tasks: delay of gratification; gift delay; and dimensional change card sort. Children had more difficulties with the hot versions of the tasks than the cool versions, and older children outperformed younger children. After controlling for verbal ability (Peabody picture vocabulary test‐third edition), a consistent pattern of interaction between school and grade level emerged. Overall, kindergarten children in the punitive school performed no differently than their counterparts in the non‐punitive school. However, in grade 1, children in the punitive school performed significantly worse than their counterparts in the non‐punitive school. These results point to the need to consider interactions among discipline style, age, and internalization processes of self‐regulation to better understand environmental influences on EF development.