从《罗马规约》看国际刑事法院的管辖权问题

《罗马规约》的生效标志着国际上第一个国际刑事法院的正式成立。《罗马规约》规定了“刑法的一般原则”,还规定了其特有原则,即：补充性原则、一罪不二审原则、个人刑事责任原则和无罪推定原则。国际刑事法院的管辖权限于整个国际社会关注的最严重犯罪,包括灭绝种族罪、危害人类罪、战争罪和侵略罪。国际实践将检验出国际刑事法院的管辖机制是否合理,并将推动国际刑事法院进一步向前发展。     

论拒不支付劳动报酬罪

拒不支付劳动报酬行为具有十分严重的社会危害性。它不仅侵犯了劳动者的合法权益,而且不利于社会治安秩序的稳定。《中华人民共和国刑法修正案（八）》首次将拒不支付劳动报酬行为入罪．以刑法的严厉手段来惩治和震慑拒不支付劳动报酬行为。文中在讨论本罪司法认定的基础上,提出对拒不支付劳动报酬罪的几点完善意见。     

论中国刑法中的特殊防卫权

关于正当防卫，1997年3月14日由全国人大修订颁布的《中华人民共和国刑法》（以下简称新刑法）第二十条明确规定为：为了使国家、公共利益、本人或他人的人身、财产和其他权利免受正在进行的不法侵害，而采取的制止不法侵害的行为，对不法侵害人造成损害的，属于正当防卫，不负刑事责任。正当防卫明显超过必要限度造成重大损害的，应当负刑事责任，但是应当减轻或者免除处罚。对正在进行行凶，杀人，抢劫，强奸，绑架以及其他严重危及人身安全的暴力犯罪，采取防卫行为，造成不法侵害人伤亡的，不属于防卫过当，     

组织、领导传销罪相关问题解读

《刑法修正案(七)》第224条之一规定了“组织、领导传销罪”,该罪名的出现使我国对传销活动的惩治形成了一个相对完善的法律体系.为了有效的适用新罪名,更好地预防、威慑和惩治传销行为,本文对与该罪名争议较多的几个问题进行了分析.     

对完善食品安全监管渎职罪的思考

食品监管渎职罪在我国现行刑法和行政法中有罪名设置和对应的刑罚标准,但均显不够完善,而食品安全罪的酿成及其危害后果的形成均与这项罪名有直接的联系,不对这一罪名予以更准确、更严格、更具体的规定,不足以规制这一犯罪,而食品渎职罪是食品安全罪的帮凶,是食品安全罪能够酿成和造成更大危害的保护伞。     

简析扒窃行为的入罪

2011年2月25日经过三次审议《中华人民共和国刑法修正案（八）》最终通过。其中令法学界津津乐道的便是将近年来频发的入室盗窃、扒窃行为正式纳入刑法规范的规定。本文根据上述法条并结合我国刑法原理和当前宽严相济的刑事政策,浅谈一下笔者对“扒窃”入罪的理解,以期抛砖引玉。     

精神病人致人伤害被逮捕,是否可以请求国家赔偿?

问:我父亲因持刀伤人被公安机关逮捕,后查清是因精神病发作所致,被人民法院宣布无罪释放。请问我父亲可以请求国家赔偿吗?答:《中华人民共和国国家赔偿法》规定,对没有犯罪事实的人错误逮捕的,受害人有取得赔偿的权利。《国家赔偿法》同时规定,依照刑法关于“精神病人在不能辨认或者不能控制自己行为的时候造成危害结果的,不负刑事责任”的规定不负刑事责任的人被羁押的,国家不承担赔偿责任。你父亲的行为已经造成了危害后果,因为不符合法律规定的主体条件,所以不负刑事责任。但虽被羁押,却不能请求国家赔偿。王景龙精神病人致人伤害被逮捕,…     

何为“巨额财产来源不明罪”?

编辑同志：我在翻阅新刑法时发现一个原刑法没有的新罪名──巨额财产来源不明罪。晨练时我请教了几位老同志,他们对此罪也都感到陌生。请在刊物上作个通俗解释。乃文乃文同志：巨额财产来源不明罪是修订后的新刑法新增设的一个罪名。它是指国家工作人员的财产或支出明显超过合法收入,差额巨大,本人不能说明其来源是否合法的行为。此罪侵犯的客体是国家廉政制度,其特征是：（一）行为人的财产或支出明显超过合法收入,且差额巨大,这是本罪成立的前提;（二）行为人不能说明这些巨额财产的合法来源。根据新刑法第395条规定："国家工作人…     

劳动者随意跳槽不行了

新《劳动合同》的八大提醒提醒一:劳动者随意跳槽不行了《劳动法》中规定,劳动者跳槽前30天应告知企业,但现在仍存在着员工想走就走,以致给企业经营造成被动的现象。新出台的《劳动合同》中规定:“劳动者违反提前30日或者约定的提前通知期要求与用人单位解除劳动合同的,用人单位可以不予办理解除劳动合同手续。”也就是说单位可以不给违反规定的个人转档案,不给转走保险关系,不给新单位出具证明等,这就对随意跳槽行为带来了约束。     

浅议危险驾驶罪的立法不足及完善建议

立法机关响应民众的呼吁,在《刑法修正案（八）》第二十二条中增设了危险驾驶罪．然而危险驾驶罪的立法规定还存在不足之处,文中对此进行了探讨,并提出了自己的建议。     

Back and Forth and Beyond

The Journal invited Tom Andersen, author of major pioneering work on the reflecting team, and his colleagues, to offer comment on The Reflecting Team Process in Training. We thought such a north-south dialogue was in keeping with the spirit of reflecting teams, and the team members in Melbourne and Tromsø agree — Editor.     

Time and aging--mechanisms and meanings

A recent European Molecular Biology Laboratory Conference on Science and Society entitled "Time & Aging--Mechanisms & Meanings" fascinated scientists from different research areas as well as nonscientists. Topics discussed included not only the biological aging process but also the psychological effects of aging and social influences that affect this process.     

Arts and Crafts and Reconstruction

Abstract

This paper examines the role of arts and crafts in reconstructing communities after times of upheaval, their use in creating employment opportunities, and their impact on the nature of South African art history. It looks at craft initiatives during and after the Johannesburg World Summit on Sustainable Development in 2002, and draws parallels with early twentieth-century initiatives, particularly those of Florence Phillips, who founded the Johannesburg Art Gallery in 1910, Emily Hobhouse, who established Boer home industries, and the South African National Union, which promoted the manufacture and use of local products.     

Sexual Compulsivity and Sexual Behaviors Among Gay and Bisexual Men and Lesbian and Bisexual Women

Within the existing body of research, the information pertaining to sexual compulsivity (SC) among women, both homo- and heterosexual, remains rather limited in comparison to men. The aim of this study was to assess the prevalence of SC in a community sample of gay and bisexual men and lesbian and bisexual women and to identify differences in sexual practices based on classification as sexually compulsive within gender. Supporting previous research, the findings indicated that gay and bisexual men were significantly higher in SC when compared to lesbian and bisexual women. Similarly, sexually compulsive gay and bisexual men were more likely to report drug use with sex than their non-sexually compulsive peers, suggesting that “party n' play” may play a larger role for men with SC. In addition, the findings demonstrated empirical support for the proposition that lesbian and bisexual women with symptoms of SC were more likely to engage in specialized sexual behaviors in comparison to their non-sexually compulsive peers. These data suggest that SC manifests differently in gay, lesbian, and bisexual men and women.     

Evening and night work schedules and children's social and emotional well-being

ABSTRACT

An emerging body of evidence shows that parents’ non-standard work schedules have a detrimental effect on children's well-being. However, only a limited number of studies have investigated mediating factors that underpin this association. Likewise, only a few studies have examined the impact of fathers’ non-standard work schedules on children's well-being. Based on data from the Families in Germany Study (FiD), this study aimed to address these research gaps. The sample consists of parents and their children at ages 7–8 and 9–10 (n?=?838 child observations in dual-earner families). The data were collected in the years 2010–2013. Non-standard work hours were defined as working in evenings and or at night (every day, several times a week, or changing as shifts). Children's social and emotional well-being was measured with the Strengths and Difficulties Questionnaire (SDQ). The findings show that both mothers’ and fathers’ evening and night work schedules are linked to an increase in children's externalizing and internalizing behavior and that this association is partially mediated by mothers’ and fathers’ harsh and strict parenting, with a stronger mediation effect for fathers parenting.     

History and the here and now

This paper explores the lesser-known histories and present-day realities of small towns and non-metropolitan areas in the internal provinces of South Africa. It is different inasmuch as it focuses on transformations that have taken place at the local level, and where possible, generalises from these, rather than following the normal route taken by social scientists – at least from 1994, which has been to examine them from the top down. One feature of such changes has been the growth of gated communicates across the length and breadth of South Africa, but there are many more. One reason for their anonymity is that their evolution has been gradual and corpuscular, that they have become unconsciously familiar and are left unexamined. Another is our collective preoccupation with the metropolitan areas rather than the smaller localities where such processes are subterranean and confined. This paper presents very briefly some of the results of the researchers of the Local Histories and Present Realities programme over the past five years, in 19 separate centres. It examines the history and present circumstance of chiefdoms of Ga-Mphahlele and reveals the surprise finding that much of recent and contemporary politics revolve around events 200 years old. An analogous situation has arisen in Venda as well as in Mpumalanga and elsewhere, where a combination of new legislation to revive chiefly powers, and land reclamation legislation have lent a new legitimacy to chiefly powers, and inspired hundreds of phantom – and time-consuming – quests. Another massive development which has gone on around us but whose internal dynamics have never been observed is the rise of game hunting and ranching all over the interior of South Africa. This is a monster subject which is likely to have influence on all of our lives into which our group is now in a position to offer insights. A change of equal proportions is the rise of mining all over the interior Bushveld Igneous Complex – Mokopane is a good example of this and the huge social consequences this has brought in its wake. One final theme which embraces all the communities that we have studied is the local histories of transformation – collectively the most important – since 1994. This is almost entirely hidden to a wider world, including the transformed positions of local Indian residents.     

Thinking and Speech and Protocol Analysis

Some form of verbal report—that is, a research participant' s concurrent or retrospective verbal account of thought processes during problem-solving activities—has been used throughout this century as the database from which psychologists have developed theories of human mentation. Newell and Simon (1972) and Ericsson and Simon (1980, 1993) have provided extensive justification for using one such method, protocol analysis, as a tool for investigating cognition from an information-processing (IP) perspective. Their arguments have characterized protocol analysis as a methodology capable of providing evidence of the ways in which people attend to information stored in short-term memory to solve problems, with the evidence providing them with the grounds from which to generate models of human cognitive processes. A different view of protocol analysis is available from the perspective of cultural-historical activity theory (CHAT) based on the work of Vygotsky (1987), Leont'ev (1981), and others, and its concern with the mediation of human development by culturally and historically grounded signs and tools. Because of its emphasis on culturally channeled development, a CHAT perspective views speech, including the speech that serves as evidence for cognition in psychological research, as a tool that potentially enables changes in consciousness. In this article I outline a CHAT perspective that accounts for protocol analysis along three key dimensions: (a) the relation between thinking and speech from a representational standpoint, (b) the social role of speech in research methodology, and (c) the influence of speech on thinking during data collection. The purpose of this discussion is not to refute the IP perspective on protocol analysis but to illustrate how this method can be viewed through a CHAT lens and to identify alternative assumptions that must be made to use it from a CHAT perspective.