Problems and Solution for Criminal and Attached Civil Procedure on Juvenile Delinquency Cases According to

2012年修改的我国《刑事诉讼法》实施后,未成年人犯罪案件刑事附带民事诉讼中可能存在“合适成年人”无法作为民事诉讼法定代理人以维护有关未成年人民事权益、适用“当事人和解的公诉案件诉讼程序”时将被告人赔偿与否作为量刑情节而造成对被告人不公、适用“简易程序”时法官施压调解而干预阻碍被告人行使民事诉讼权利、审判人员能否兼备审理刑事案件与民事案件的专业素养等问题。为了在发挥刑事附带民事诉讼制度优点的同时一定程度上控制其缺陷所造成的不利影响,司法解释应规定在未成年人犯罪案件中,刑事附带民事诉讼制度不适用于刑事附带民事诉讼的民事部分标的金额较大的情形、被告人可能被判处较重刑罚的情形、刑事附带民事诉讼的刑事部分与民事部分审级不一致的情形、案件审理时间较长的情形。     

Redefining membership: restrictive rights and categorisation in European Union migration policy

This article analyses European Union (EU) policy-making on the rights of third-country nationals (TCN) against the backdrop of theoretical literature on the transformation of citizenship. The aim is to evaluate why and to which extent EU policy expands citizenship rights to TCNs, thus redefining the criteria for membership in the European polity. The research emphasises the role of norms and frames in policy-making and is based on secondary sources, primary documents and semi-structured interviews. The analysis reveals how the combination of a principled conflict over citizenship and a strategic conflict over competence led to a legal framework characterised by ‘restrictive rights’ and ‘politics of categorisation’. ‘Restrictive rights’ means that membership rights are granted to TCN in principle, but subject to very restrictive conditions. ‘The politics of categorisation’ refers to the political construction of migrant categories that are subject to different rights-regimes. Both phenomena have the ambiguous effect of enabling the expansion of rights to non-citizens while at the same time creating new lines of division and mechanisms of exclusion.     

我国个人信息保护的立法实践与路径走向

计算机和互联网的产生与发展构成了信息时代的技术挑战,衍生了我国个人信息保护的本土需求.我国在“是否通过立法保护个人信息”的问题上秉持肯定立场,但仍处于分散式立法保护阶段,且现行立法实践存在个人信息保护缺少完整请求权基础等困境.《民法总则》第一百一十一条的确立对个人信息保护具有开创性意义,但仍存在值予修缮的固有局限.面向未来,我国个人信息保护立法的应然路径走向为:分阶段实现个人信息权及其子权利的法定化与精细化;从内外两个层面实现个人信息保护法制的体系化;以统一式路径实现个人信息保护行政主管机关专责化.     

Beyond Petliura: the Ukrainian national movement and the 1919 pogroms

On the basis of largely unused archival materials in Kyiv, this article re-examines the responsibility of the Ukrainian People’s Republic (UNR) for the pogroms of 1919. It consciously puts aside the question of Symon Petliura’s personal guilt, preferring to concentrate on the broader responsibility of members of the Ukrainian national movement for propagating antisemitic stereotypes and engaging in anti-Jewish violence. This approach reveals a widely held belief among members of the UNR that they were fighting a Jewish Bolshevik enemy. This led to pogroms but also probably prevented the UNR from punishing its soldiers who had perpetrated them. Despite the declarations by UNR figures condemning pogroms and the creation of an organ to investigate them, there were apparently very few, if any, convictions, at least in 1919, the year of the worst pogroms.     

Influence of Female Genital Cutting on Sexual Experience in Southern Ethiopia

Female genital cutting (FGC) is a persistent social norm in the Liben district of southern Ethiopia. This study explores whether the sexual experiences of married men and women differ by women's FGC status. Qualitative in-depth interviews were conducted with 28 women with different types of FGC (or no FGC) and 21 husbands. Compared to others, women with more severe FGC reported traumatic sexual experiences and decreased sexual desire. Nonetheless, participants largely endorsed FGC for daughters, revealing pressure to maintain the practice. Opportunities for change exist, as women and men recognized the sexual pleasure and healthy birth experiences of uncut women.     

The expected and unexpected media effects on youth’s (mis)perceptions of peer norms: Chinese college students’ overestimation of peer smoking prevalence

Youth’s perceptions of peer norms have profound effects on their attitudes and behaviors. Unfortunately, their perceptions of peers tend to be biased. To investigate the role of media in the formation of misperceived peer norms, the current study tested and compared two media-effect mechanisms: the direct exemplar mechanism and the indirect influence of presumed influence (IPI) mechanism. The two mechanisms were tested in a sample (n = 1746) that is representative of college students in one large university in China, based on which the actual and perceived campus smoking rates were examined. The individual-level perceived peer smoking prevalence was then analyzed in comparison with the campus-level actual smoking prevalence. The results revealed serious overestimations of peer smoking prevalence. As predicted, pro-smoking media content significantly heightened smoking prevalence estimates through both exemplar and IPI mechanisms. In contrast, anti-smoking messages did not elicit any intended effect through the IPI mechanism, but showed a boomerang effect through the exemplar mechanism. These findings suggest that both pro- and anti-smoking media content may be responsible for inflated perceptions of peer smoking among youth.     

Rank and response: A field experiment on peer information and water use behavior

Perception of peer rank, or how we perform relative to our peers, can be a powerful motivator. While research exists on the effect of social information on decision making, there is less work on how ranked comparisons with our peers influence our behavior. This paper outlines a field experiment conducted with 3896 households in Castro Valley, California, which uses household mailers with various forms of social information and peer rank messaging to motivate water conservation. The experiment tests the effect of a visible peer rank on water use, and how the competitive framing of rank information influences behavioral response. The results show that households with relatively low or high water use in the pre-treatment period responded differently to how rank information was framed. I find that a neutrally-framed peer rank caused a small “boomerang effect” (i.e., an increase in average water use) for low water use households, but this effect was eliminated by competitive framing. At the same time, a competitively-framed peer rank demotivated high water use households, increasing their average water use over the full period of the experiment. This result is supported by evidence that the competitive frame on rank information increased water use for households who ranked “last” in the peer group – a detrimental “last place effect” from competitively-framed rankings.     

Family or friends: what counts more for drinking behaviour of young adults? / Familia o amigos: ¿qué pesa más en los hábitos de consumo de alcohol de los jóvenes?

The scientific literature stresses the importance of culture and social environment in determining what people think about alcohol consumption and consequently do. Several pieces of research have proved the influence on young adults’ alcohol use of proximal social contexts of their family and peers. The present study aimed at investigating the influence of family behaviours and norms compared to the peers’ influence in a context where the culture of alcohol is changing between the different generations. Data were collected by means of a self-report questionnaire on a sample of 598 young adults (average age 22.20 years). The variables investigated were socio-demographic characteristics, the alcohol consumption of parents and friends and the parents’ and peers’ approval of alcohol consumption. The results confirmed the role of family and friends in influencing young adults’ consumption of alcohol, stressing a difference between perceived behaviours and norms. The perceived consumption of parents and friends influenced the participants’ consumption. On the contrary, the effects of the approval of drinking were limited. Globally friends had a stronger influence on alcohol consumption in comparison with family.     

译者的翻译决策研究

翻译活动不可避免地要受到翻译过程中各种因素的制约与影响,然而目前对译者在翻译过程中的主导行为(翻译决策)及其相应的制约因素的研究尚嫌不足。以《亲历历史:希拉里回忆录》中译本为例,以语篇分析为基础,从原文分析、翻译策略的制定、译文分析三个方面,运用翻译规范理论,深入分析译者在翻译过程中的决策行为及受制机制,以期探讨该研究对翻译批评和翻译实践的实用价值。     

中国化“资产者公共领域”:从民间商会到市民社会的路径选择

学界对于“市民社会”与“公共领域”之概念工具存在理解歧义与混用,“市民社会”与“公共领域”两者均超越了中国化国家与社会之间互动关系的特殊国情,“资产者公共领域”可能是更实际的学理研究路径。在国家与社会互动关系的领域中间,是一个广泛、深邃的市民社会转型地带,并呈递进式状态,朝着市民社会的终极方向演进。当代中国的国家与社会之间互动关系的学理研究角度应是民间商会基础上的“资产者公共领域”,而非公共领域甚至市民社会。