非法提供与获取公民个人信息行为的刑法规制——《刑法修正案(七)》第7条之解读

《刑法修正案（七）》第7条将非法提供和非法获取公民个人信息的行为纳入到刑法的调整范围内,其并不违反谦抑性原则,相反是对个人隐私的保护和社会秩序的安全的平衡。本条涉及的是两个罪名,从应然的角度应当确定为非法提供公民个人信息罪与非法获取公民个人信息罪。对两罪的构成要件的正确理解有助于两罪的正确适用。     

Typologies of substance use and illegal behaviors: A comparison of emerging adults with histories of foster care and the general population

This study used latent class analysis (LCA) to explore whether patterns of substance use and illegal behaviors among emerging adults, 18 to 28 years old, differ depending on whether they have a prior history in foster care. The study sample, consisting of 316 respondents who had previously been in foster care and 14,301 respondents without a foster care history, was drawn from the third wave of the National Longitudinal Study of Adolescent Health. A multiple-group LCA compared former foster youth to their peers in the general population. The following four classes were identified: illegal behaviors, substance use, illegal behaviors with problematic substance use and normative behaviors. Most of the differences between the groups were not statistically significant. However, within the illegal behavior class former foster youth were less likely to have bought, sold, or held stolen goods; injured someone in a fight so that she or he needed medical attention; to have sold drugs; and to have been drunk at school or work. Additionally, in the illegal behaviors with problematic substance use class emerging adults in the general population were more likely to have used cocaine. Within the normative behaviors class, former foster youth were more likely to be current smokers, and to have injured someone in a fight so that he or she required medical attention. Within the substance use class, emerging adults from the general population were more likely to have taken place in a fight where one group fought another. Additional statistically significant, but very small differences were also identified.     

保安处分理论视角下我国违法行为矫治立法的架构--以废止劳教制度后我国的立法空白和社会需求为分析背景

保安处分注重教育与预防、实施刑罚个别化与不定期制度、注重实质理性。我国劳动教养制度废止后,我们应借鉴保安处分的原则和先进理念,制定《违法行为矫治法》,以填补和满足劳教制度被废止后的立法空白和现实需求。违法行为矫治立法应以教育预防为立法理念;应提升法律层次,实现矫治的法律化;赋予法院裁定权,实现处分司法化;实行不定期矫正制度,实现矫治的个别化。