从压制型刑法到自治型刑法——兼论我国刑罚制度的完善及合理适用

与政治上专制相对应,人类社会早期的刑法,其干预广泛,裁判者自由裁量权大,法律道德主义盛行,刑法呈现压制型特征;近代以降,自治型刑法逐渐成为主导性的刑法模式,在观念、功能、原则、规则、司法运作等方面呈现出不同于压制型刑法的特点.我国当下刑法正艰难地从压制型刑法走出,其艰难表现为观念层面的压制型,原则、规则层面自治型的不彻底性.于是,在以法治国背景下,建构自治型刑法当是我们的选择.     

社区矫正——刑罚执行方式新形式

社区矫正在我国已经进行了几年的试点工作，期间取得了一定的探索性成就，但是在观念、立法及实践方面都存在诸多亟待解决的问题。我国现阶段应当立足于实际情况，在地方法规、规章中对于执行主体专门化、工作人员专业化及健全矫正方法等方面进行完善，来指导试点工作，并在实践中加强宣传、建立配套的矫正工作人员的选拔与培训制度，以期建立一个为社会公众所认可的科学、合理的中国特色的社区矫正制度。     

The Effects of Praising Qualifying Autoclitics on the Frequency of Reading

In the current study, tacts with positive qualifying autoclitics for reading were reinforced in order to determine if this procedure would increase the time spent reading by participants. Participants included 5 children, between 9–10 years old. Participants were individually exposed to 4 free operant sessions during which they were instructed to independently choose play activities. During pre- and post-treatment conditions, no consequences were provided for choosing reading. In addition, 4 treatment sessions were conducted on days separate from the free operant session days, during which the experimenter praised each positive reading-related statement emitted by the participant. Following treatment sessions, 4 out of 5 participants increased the time allocated to reading, suggesting that reading could be increased when praise is delivered contingent upon positive reading-related verbalizations.     

Investigating the Acquisition,Generalization, and Emergence of Untrained Verbal Operants for Mands Acquired Using the Picture Exchange Communication System in Adults With Severe Developmental Disabilities

This study compared the total amount of training time and total number of trial blocks for individuals with severe developmental disabilities to acquire mands under control of unconditioned establishing operations and mands under control of transitive conditioned establishing operations for manual sign and for the Picture Exchange Communication System (PECS). Also examined was the generalization of mands across settings and communicative partners, as well as the emergence of untrained tacts and intraverbals for mands acquired using PECS. Mands for preferred items and for items needed to complete a chained task were acquired more rapidly and in fewer training blocks for PECS than for manual sign. Moreover, mands established using PECS generalized across settings and communicative partners. Finally, untrained tacts and intraverbals using PECS were shown to emerge for some of the participants following PECS training. These results suggest that PECS may be a viable alternative communication system for adults with severe developmental disabilities who have little or no history of systematic instruction and limited imitative repertoires.     

论犯罪单位之刑种

犯罪单位的刑种设置及其适用事关单位犯罪的预防和惩处犯罪单位的正义实现。本文在分析现行的罚金刑对犯罪单位的优劣之后,提出了犯罪单位的罚金刑的完善之策,并进一步论述了犯罪单位的名誉刑等新刑种。     

罪刑法定原则法典化再思考

1997年新刑法颁布 ,罪刑法定原则在法学界多年疾唤后终于在法典中确立 ,实行多年的类推制度也因与罪刑法定原则相悖而被废止。可是 ,社会现实的纷杂与法律的滞后与不周延带来的问题仍然存在并亟待改观 ,故在罪刑法定原则的基础上提出建立刑事判例制度以弥补这一界隙是必要的。     

采购拍卖下混合回收渠道的闭环供应链奖惩契约协调研究

在市场需求不确定下,应用采购拍卖和奖惩契约研究零售商和第三方混合回收的闭环供应链协调问题。针对市场中存在m个制造商、1个零售商和1个第三方回收商的情形,分析目录拍卖-双重奖惩契约机制协调供应链的影响,证明当参数满足一定条件时目录拍卖-双重奖惩契约机制能够协调闭环供应链。     

‘Unfit for reform or punishment’: mental disorder and discipline in Liverpool Borough Prison in the late nineteenth century

This article examines how Liverpool Borough Prison, opened in 1855 as one of the largest local prisons in England to adopt the separate system, categorized and dealt with mental distress and disorder amongst its prison population in the late nineteenth century. High prison committal rates in Liverpool, alongside high levels of recidivism, especially among female prisoners, led to severe overcrowding and encouraged a harsh disciplinary regime. Exacerbated by the poor physical and mental condition of the prisoners, this produced a challenging environment for maintaining the separate system of confinement and prisoners’ mental well-being. While official figures for the rates of mental disorder in local prisons are not readily available, Liverpool Prison’s diverse and under-exploited archives and official reports indicate that insanity caused prison officials and visiting justices great concern, and many prisoners were declared unfit for the rigours of prison discipline. Our article explores the implications of the ever more punitive, deterrent and physically taxing penal policy implemented in the late nineteenth century on the minds of prisoners. Despite the heavy toll on prisoners’ mental well-being, such cases were often retained by prison medical officers reluctant to acknowledge the failure of the prison to deter, reform and redeem.     

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.     

Contested theories of prison labor practice

In recent years, prison strikes and controversies have brought public attention to the systemic problems with prison labor in the United States. Such labor often exploits people who are imprisoned to do work that is vital to society—including firefighting, farming, or manufacturing consumer goods—with wages that can be less than a dollar per hour in highly coercive working conditions. Although there is call to end prison labor today, theories of prison labor have historically been contested, even among activists and progressive reformers. Accordingly, this review offers a short sociological history of labor in correctional environments, highlights contemporary controversies, and argues for a more fine-grained approach to the relationships among labor, prisons, and reentry. It traces the field of reformers and scholars that have made arguments for punitive, rehabilitative, restorative, and transformative approaches to work. The contested theories of prison labor across time and space suggest that a better understanding is needed of what makes labor exploitative and what forms of labor have the potential to transform the root causes of crime, within and beyond prison walls. Overall, this review has implications for those who study prison and reentry programs, relationships between crime and community, and the political economy of incarceration.