选择性罪名研究

选择性罪名是两高对存在多个同类构成要素、或者分别表现为多种形态的数个不同类构成要素的罪状的高度概括,是司法解释的一种选择。附属法条的同一性、纯正亚犯罪构成的独立性、选择性要素的同质性、以及各选择性要素间的逻辑勾连,是选择性罪名确定的主要依据。对选择性罪名以一罪认定可能导致罪刑失衡,应根据具体情况,决定是否适用数罪并罚。     

Calibrating Hypothetical Willingness to Pay Responses

Experimental data comparing hypothetical and real dichotomous choice responses for two different goods were used to estimate a statistical bias function to calibrate the hypothetical yes responses. The probability that a hypothetical yes response would be a real yes response was estimated as a function of the individual's self-assessed certainty of the hypothetical yes response (assessed on a 0–10 scale) and a variable representing the price level. Without calibration the hypothetical yes responses significantly exceeded the proportion of real yes responses, but after calibration the null hypothesis of no difference between hypothetical and real responses could not be rejected in any of the experiments.     

Contingent Self‐worth in Chinese Adolescents and Young Adults: Relations with Global Self‐Esteem and Depressive Symptoms

Contingent self‐worth (CSW) is the extent to which an individual's sense of self‐worth is dependent on performance in a particular domain. CSW has been linked to poorer psychological health (e.g., lower global self‐esteem, greater depression and anxiety). However, the majority of work on CSW has been conducted with US college students. Far less is known about the influence of CSW for younger individuals or for non‐Western populations. This study examined relations between CSW domains and two indicators of well‐being (depressive symptoms and global self‐esteem) with Chinese adolescents (ages 13–16) and young adults (ages 19‐22). Results indicated that CSW in the domains of academic performance and others’ approval were positively related to depressive symptoms, whereas CSW in the domain of family support was negatively related to depressive symptoms. Others’ approval CSW was negatively related to self‐esteem for both adolescents and young adults, whereas CSW in the domains of academic performance and family support were related to self‐esteem for adolescents but not young adults. This study indicates that CSW is a meaningful and predictive construct for Chinese youth, and that cultural, environmental, and developmental factors may impact the relations between CSW and psychological health.     

“Value in diversity”: School racial and ethnic composition,teacher diversity,and school punishment

American schools have become increasingly punitive and characterized by racial and ethnic disparities in punishment outcomes. Scholarship on the causes and consequences of this shift has highlighted the potential salience of school context. The current study extends this work by exploring the potential effect of an underexplored factor, teacher diversity, on suspension disparities. To date, explorations of the role of teacher diversity have been limited to its impact on academic outcomes, teacher perceptions, and behavioral outcomes. The current study fills a void in the existing literature by examining (1) whether greater teacher diversity is associated with reductions in racial and ethnic suspension disparities and (2) whether greater teacher diversity interacts with the size of the racial and ethnic student population to influence suspension disparities. This study contributes to the existing literature by extending the “value in diversity” perspective to the school setting. Additionally, the findings suggest that racial and ethnic diversity in positions of authority in the school setting fosters a more equitable approach to the administration of student punishment.     

The intergenerational continuity of parental conditional regard and its role in mothers’ and adolescents’ contingent self‐esteem and depressive symptoms

Although research has documented the adverse consequences of parental academic conditional regard in different developmental periods, few studies have examined antecedents and, in particular, the possibility of intergenerational continuity of this parenting dimension. The current study aimed to identify patterns of intergenerational similarity in two types of conditional regard (i.e., positive and negative). Additionally, it examined mothers’ and adolescents’ contingent self‐esteem (CSE) and depressive symptoms as outcomes of this process. In total, 211 mothers and their 10‐ to 16‐year‐old adolescents filled out questionnaires assessing perceived conditional regard in the relationship with their own mother (i.e., grandmothers’, and mothers’ conditional positive (PACPR) and negative regard (PACNR)), contingent self‐esteem (i.e., maternal child‐invested CSE and adolescents’ academic CSE), and maternal and adolescents’ depressive symptoms. Results revealed direct intergenerational similarity for PACPR, but not for PACNR. Within generations, PACPR was related positively to CSE, which, in turn, was related positively to depressive symptoms. Moreover, PACNR was related positively to depressive symptoms. Our findings provide preliminary evidence for the intergenerational continuity of conditional regard, which has important consequences because of its relation to CSE and subsequent depressive symptoms within both generations.     

认罪认罚案件被告人上诉权的限定问题

认罪认罚从宽制度给予了被告人程序和实体上的双重从宽,以激励其自愿认罪认罚.认罪被告人拥有上诉权不仅是对其个人权益的保护,而且是“以审判为中心”制度改革的内在要求.虽然认罪被告人提出上诉在一定程度上是对一审程序的推翻,但现阶段该制度发展并不完善,办案人员存在认识片面、经验不足等方面的问题,当前完全剥夺认罪被告人的上诉权是不现实的.但从该制度发展的长远角度来看,对认罪被告人的上诉权进行限定是完善该制度的内在要求.为平衡二者之间的矛盾,在立法模式上,应以我国基本国情为基础,外部为被告人自愿作出认罪认罚完善相应保障条件,内部对上诉的理由进行列举式的规定,并合理地借鉴域外国家在相应制度下对被告人上诉权限制的规定,以便在司法实践中更好地贯彻落实认罪认罚从宽制度.     

为“先验偶然命题”和“后验必然命题”辩护——与陈波先生商榷

基于可能世界语义学和严格指示词理论，克里普克提出存在“先验偶然命题”和“后验必然命题”的全新见解，引起了广泛关注。我国学者陈波先生近来对克里普克的有关论证进行了系统批判，得出了关于“先验偶然命题”和“后验必然命题”的否定性结论。仔细分析陈先生的论证可以见得，其对克里普克的反驳建立在一些基本前提与诉求的分歧之上，而最根本的分歧在于是否追求本体论与认识论的严格界划。