论老年人犯罪从宽暨免死的年龄标准与立法模式——以《刑法修正案(八)》为视角

老年人犯罪从宽的年龄标准应当有别于老年人免死的年龄标准。当前,中国对老年人犯罪从宽的年龄宜规定为"年满70周岁",而对老年人犯罪免死的年龄则宜规定为"年满75周岁"。对老年人犯罪从宽应当与对未成年人犯罪从宽相一致,统一规定为"应当从轻或者减轻处罚",而没有必要区分故意和过失犯罪分别规定。考虑到老年人犯罪免死的根据、刑罚目的和国际上的普遍做法,中国应当免除所有老年人犯罪的死刑,而不应有例外。     

The empirical Bayes estimators of the parameter of the Poisson distribution with a conjugate gamma prior under Stein's loss function

For the hierarchical Poisson and gamma model, we calculate the Bayes posterior estimator of the parameter of the Poisson distribution under Stein's loss function which penalizes gross overestimation and gross underestimation equally and the corresponding Posterior Expected Stein's Loss (PESL). We also obtain the Bayes posterior estimator of the parameter under the squared error loss and the corresponding PESL. Moreover, we obtain the empirical Bayes estimators of the parameter of the Poisson distribution with a conjugate gamma prior by two methods. In numerical simulations, we have illustrated: The two inequalities of the Bayes posterior estimators and the PESLs; the moment estimators and the Maximum Likelihood Estimators (MLEs) are consistent estimators of the hyperparameters; the goodness-of-fit of the model to the simulated data. The numerical results indicate that the MLEs are better than the moment estimators when estimating the hyperparameters. Finally, we exploit the attendance data on 314 high school juniors from two urban high schools to illustrate our theoretical studies.     

Providing a secure base for LGBTQ young people in foster care: The role of foster carers

The experiences and needs of lesbian, gay, bisexual, trans and queer/questioning (LGBTQ) young people in care have been overlooked in England, in both policy and research. This paper reports on findings from the first study of LGBTQ young people in care in England and focuses on the nature of foster carers' experiences and perspectives on caring for LGBTQ young people. Qualitative interviews regarding the fostering role in caring for LGBTQ young people were conducted with a sample of foster carers (n = 26) and analysed thematically. Foster carers described the importance of offering LGBTQ young people not only the nurturing relationships that all children in care need but also availability, sensitivity and acceptance to help young people manage stigma and other challenges associated with minority sexual orientation and gender identity. The Secure Base caregiving model provided a framework for analysing the different dimensions of these relationships. Understanding caregiving roles and relationships for LGBTQ young people in care has important implications for recruiting, training, matching and supporting foster carers to care for LGBTQ young people effectively.     

The Roles Played by the Staff and Workers’ Representative Congress in the Formation of Work Regulations

Article 4 of the Labor Contract Law lays down the right of the Staff and Workers’ Representative Congress (SWRC) to deliberate on the formulation of (intra-enterprise) work regulations, but this has become a “soft” law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge’s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they have gone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.     

Exploring gaps in the online economic inclusion of persons with disabilities in Korea

ABSTRACT

This paper explores the difference in the online economic activities of people with and without disabilities in Korea. We conducted a multiple regression analysis to investigate the impact of socioeconomic characteristics, internet access, and internet skills on online economic activities. Our sample, based on a 2016 dataset that included 1554 people with disabilities and 6004 people without disabilities, was developed using quota sampling based on gender, age, and residence. We determined that individuals with disabilities were more likely to engage in online economic activities if they had higher levels of education, lived in urban areas, were employed, or had greater internet skills. Individuals without disabilities were more likely to engage in online economic activities if they were women, had higher levels of education, were employed, lived in a two-generation or more household, or had greater internet skills. For both people with and without disabilities, the level of education, employment status, and internet skills positively contribute to online economic activites. We also determined that education level, participation in economic activity, living in a two-generation or more household, and internet skills had a statistically significant influence on online economic activity for people both with and without disabilities. These results highlight the importance of education and internet training for people with disabilities, as well as social support systems that help them learn to use the internet in diverse ways through both formal and informal networks. The study also underscores the importance of information and communications technology that adequately addresses people’s needs.     

A divergence of opinion: how those involved in child and family social work are responding to the challenges of the Internet and social media

This discussion paper suggests that there is possibly a divergence of opinion taking place within the field of child and family social work and that the stated positions are influencing how practitioners identify and deal with risks and opportunities afforded by the Internet and social media. The suggested divergence is examined and the conclusion drawn is that what is taking place mirrors the fact that the introduction of any new technology inevitably brings with it division and debate. In seeking to understand the reaction to digital technology, consideration is given to a series of wider social discourses on childhood and risk, which includes the controversial notion that the profession is a harbinger of moral panic and that the management of risk has been broadened from child protection to child safety. The discussion paper concludes by calling for child and family social work practitioners to have a balanced debate that needs to be informed not only by current research but also by an open and honest discussion about personal use and an acknowledgement that there will be difficult moral and ethical questions to work through.     

Application of a QMRA Framework to Inform Selection of Drinking Water Interventions in the Developing Context

The aim of this study was to develop a modified quantitative microbial risk assessment (QMRA) framework that could be applied as a decision support tool to choose between alternative drinking water interventions in the developing context. The impact of different household water treatment (HWT) interventions on the overall incidence of diarrheal disease and disability adjusted life years (DALYs) was estimated, without relying on source water pathogen concentration as the starting point for the analysis. A framework was developed and a software tool constructed and then implemented for an illustrative case study for Nepal based on published scientific data. Coagulation combined with free chlorine disinfection provided the greatest estimated health gains in the short term; however, when long‐term compliance was incorporated into the calculations, the preferred intervention was porous ceramic filtration. The model demonstrates how the QMRA framework can be used to integrate evidence from different studies to inform management decisions, and in particular to prioritize the next best intervention with respect to estimated reduction in diarrheal incidence. This study only considered HWT interventions; it is recognized that a systematic consideration of sanitation, recreation, and drinking water pathways is important for effective management of waterborne transmission of pathogens, and the approach could be expanded to consider the broader water‐related context.     

论“学报体”及其改良

"学报体"指发表在我国社科学术期刊上的文章所体现出的某些共性,既涉及题材内容,又涉及风格气象。我国社科期刊自创立至今,事实上存在着作为"正体"的和作为"伪体"的两种"学报体"文章,前者应得到护持,后者应受到贬斥。"正体"文章之长的主要体现是:分学科门类表述高深问题研究新得;举充分依据细密论证大小论点;以人文关怀给力社会发展;有较多行文规范服务内容表达。"伪体"文章之弊主要表现为:形式完备而内容贫瘠;"八股化"程度严重;缺少淑世情怀。当今"学报体"文章的改良,应先从三个方面做起:变文章评价由"重量轻质"为"重质轻量";变文章体式由"一体独大"为"众体并茂";变文章语言由"重质轻文"为"质文双重"。     

开放经济下OFDI对产业结构升级效应及传导路径

开放经济下对外直接投资(OFDI)已成为我国融入世界经济的主要途径,在优化产业结构、推进经济转型等方面扮演着重要角色。根据OFDI与产业结构升级及传导路径的互动机理分析,在对安徽省OFDI投资概况和产业结构现状进行分析的基础上,选取2003—2017年相关数据为样本构建VAR模型,运用ADF检验、脉冲响应函数等方法从产业结构总水平角度,实证分析得出短期内安徽省OFDI所能带来的产业结构升级效应并不显著的结论。进而从具体传导路径角度,采用主成分分析法,从10个变量中提取主成分构建VAR模型,运用脉冲响应等方法实证分析得出安徽省OFDI可通过贸易、省内投资、就业和技术路径来促进产业结构升级。为此,安徽省应扩大OFDI规模,提升OFDI质量和效益;增强企业竞争实力和科技创新能力,优化对外投资结构;发挥政府宏观调控和政策引导作用,加大对企业的扶持力度。     

Procedural (in)justice,emotions, and compliance

The procedural justice model has become widely recognized as a key crime prevention and reduction strategy, spurring its adoption across police agencies throughout the United States in an effort to address mounting concerns regarding police use of force. Recent critiques, however, have called attention to the need for greater examination of potential contributing factors that are underdeveloped in investigations of the procedural justice model, including the role of emotions. This article takes stock of interdisciplinary advancements to critically examine scholarly investigations exploring associations between procedural (in)justice, emotions, and compliance behaviors within the context of police-citizen interactions. In doing so, continued gaps are identified. Lastly, this article concludes by identifying future pathways and recommendations for the scholarly advancement of our understanding of emotions and their continued relevance to the procedural justice model.