行刑一体化与刑罚执行权的新配置

尽管行刑是刑罚运用过程的最后环节,但是,行刑效果如何则直接关系到刑罚目的能否最终实现。科学合理地配置刑罚执行权将有助于行刑效率的提高与刑罚运行机制的完备。通过对当代中国刑罚执行权的现实考察,不难发现,中国现行刑罚执行权配置并不科学合理,存在着行刑权过于分散、相互之间彼此抵牾之处,这严重地影响了刑罚功能的发挥。因此,树立行刑一体化的理念,科学地配置刑罚执行权,乃是中国刑法理论界与实务界共同努力的方向和目标。     

关于法律规则“假定”概念的思考

假定是法律规则的构成要素之一,其概念是理解这一要择,造成分析上的困难.本文分析了错误的原因,提出了自己的观点.     

论夫妻忠实义务与隐私权冲突的法律协调

配偶间的隐私权和忠实义务的冲突是我国婚姻关系中错综复杂的问题,随着社会的发展,该问题日益凸显,不仅关乎我国婚姻制度的完备,更关乎社会的稳定和谐。《婚姻法》修订后的数年中,我国最高人民法院随后出台了三次司法解释,但是却对夫妻间忠实义务与婚内隐私权冲突的协调没有提出具有实质指导性的法律意见。文章拟通过对夫妻忠实义务和婚内隐私权的含义及特点的理解,阐述夫妻间忠实义务和婚内隐私权的客体内容和法律关系,通过讨论二者之间的冲突现状、原因,以寻求解决途径。     

从产权特性认识人力资本外部性的内在化

在介绍人力资本外部性经济理论的研究成果基础上,探究人力资本分权的特性,并指出明确产权不仅是人力资本外部性内在化的一种方法,更是一个前提,这是由人力资本的产权特性决定的。     

Family violence in gambling help-seeking populations

Elevated rates of family violence among treatment-seeking problem gamblers compared to general population estimates have been reported in Spain, Canada and Australia. This study examined the occurrence of family violence among 454 problem gambling help-seeking clients (370 gamblers, 84 affected others) recruited through 3 national gambling treatment services in New Zealand. Measures used were the Problem Gambling Severity Index, and a modified version of the HITS Scale which assessed physical, emotional, verbal and sexual abuse. Past-year family violence among gamblers in this sample was 46.8% for victimization, 41.2% for perpetration and 55.0% for any form of family violence. Among affected others the occurrence was 65.5% for victimization, 57.1% for perpetration and 71.4% for any form of violence. The most common type of violence was verbal intimate partner violence. Affected others and women gamblers reported higher rates of violence victimization and perpetration. These findings underscore the importance of screening gambling help-seeking clients for family violence, and the development of prevention and treatment programmes to address violence in this population, with particular attention to affected others and women gamblers. Future research should assess coercive control and the gendered nature of family violence among problem gambling help-seekers.     

Relearning to Live Life Without Substances: A Grounded Theory of the Impact of Group Physical Exercise on Sobriety

Research has found significant benefits in using exercise as an adjunct treatment for substance use. This study used a qualitative grounded theory approach to explore the role of group exercise on maintaining sobriety. Sixteen persons (13 White men and 3 White women, age M = 31.81, SD = 8.23), recruited from a substance use recovery group that meets at a gym in an urban area in the Southeast part of the United States, were individually interviewed. Data were analyzed using Charmaz’s (2006) constructivist grounded theory strategies. Central themes revealed a parallel process between the steps taken to seek sobriety and those taken to maintain sobriety. The driving forces of sobriety success in both was 12 steps and group exercise programming that included elements of mentorship, structure, accountability, and fellowship or community. This study supported the use of physical group exercise as an adjunct treatment option for substance use treatment.     

Confidence Corridors for Multivariate Generalized Quantile Regression

We focus on the construction of confidence corridors for multivariate nonparametric generalized quantile regression functions. This construction is based on asymptotic results for the maximal deviation between a suitable nonparametric estimator and the true function of interest, which follow after a series of approximation steps including a Bahadur representation, a new strong approximation theorem, and exponential tail inequalities for Gaussian random fields. As a byproduct we also obtain multivariate confidence corridors for the regression function in the classical mean regression. To deal with the problem of slowly decreasing error in coverage probability of the asymptotic confidence corridors, which results in meager coverage for small sample sizes, a simple bootstrap procedure is designed based on the leading term of the Bahadur representation. The finite-sample properties of both procedures are investigated by means of a simulation study and it is demonstrated that the bootstrap procedure considerably outperforms the asymptotic bands in terms of coverage accuracy. Finally, the bootstrap confidence corridors are used to study the efficacy of the National Supported Work Demonstration, which is a randomized employment enhancement program launched in the 1970s. This article has supplementary materials online.     

A Multi-Dimensional Conceptual Framework for Trauma-Informed Practice in Addictions Programming

Previous research has conceptualized trauma-informed practice in relation to five key values: safety, trust, choice, collaboration, and empowerment. This research identifies key organizational, programmatic, and interpersonal characteristics in community-based residential addictions treatment programming that exemplify each of these principles. Utilizing qualitative research methods, involving open-ended, one to one interviews with clients in residential substance misuse treatment (n = 41), respondents identified the importance of experiencing “safety” in relation to physical safety, confidentiality, reassurance, rule enforcement, and peer relationships. “Trust” was manifested in sharing, staff availability, nonjudgmental interactions, positive relationship dynamics, and caring. “Choice” was articulated in relation to individual needs, participation, opportunities, and focus of efforts. “Collaboration” was characterized in relation to opportunities for feedback, planning, goal setting, specificity, and support. Finally, “empowerment” was characterized by comfort in sharing, trigger management, trauma awareness, and understanding. The findings provide a conceptual framework for a trauma-informed social services organizational practice environment. Findings can inform adaptations to social service delivery processes and programs to become aligned with the values of trauma-informed practice. Future research can build on this framework by testing the study findings with quantitative methods along with replicating current methods in other social service delivery sectors.     

How can context and discourse affect teachers’ and mental health professionals’ interactions with adults with mental illness?

Patients with severe mental illness may have needs different from those of patients with more limited illnesses and might benefit from other types of intervention than traditional treatment. We interviewed health care professionals from two open, short-term psychiatric wards and teachers from two schools for adults with psychiatric diagnoses. The focus was to explore how differences in contextual factors such as time, tasks, and organizational demands might affect the actions and attitudes of health care professionals and teachers, as well as the potential consequences for patients and students. Data were collected through qualitative interviews. Participants included 14 health care professionals and 14 teachers. The informants worked with patients and students with similar diagnoses and illness durations. All interviews were conducted during the informants’ work time. Findings and interpretations showed that both teachers and health care professionals were engaged in their work and in the wellbeing of students and patients. However, they described marked differences in practice, including the amount of time spent with students/patients, the organization of their work, main tasks, amount of control over their tasks, and social structure. These differences seemed to affect relationships with students/patients, attitudes toward students/patients, norms and values, and opportunities for patient empowerment. Our findings suggest that while existing psychiatric health care might be appropriate for limited short-term problems such as single-episode depression, a model with a supportive environment, based on stable relations and possibility for learning, may improve personal development and mental health for persons with severe mental illness and disturbances in self-experience.     

On confidence intervals for the mean past lifetime function under random censorship

The mean past lifetime (MPL) function (also known as the expected inactivity time function) is of interest in many fields such as reliability theory and survival analysis, actuarial studies and forensic science. For estimation of the MPL function some procedures have been proposed in the literature. In this paper, we give a central limit theorem result for the estimator of MPL function based on a right-censored random sample from an unknown distribution. The limiting distribution is used to construct normal approximation-based confidence interval for MPL. Furthermore, we use the empirical likelihood ratio procedure to obtain confidence interval for the MPL function. These two intervals are compared with each other through simulation study in terms of coverage probability. Finally, a couple of numerical example illustrating the theory is also given.