危险驾驶罪的立法浅析

《刑法修正案(八)》将醉驾、飙车行为入罪，对严厉醉驾行为确实起到了震慑作用，收到了积极的社会效果。但是，对于刑法的提前介入以及该罪的内涵与外延该如何理解；社会舆论对于醉驾行为的性质还存在行为犯或者危险犯的争论：这些问题对于该罪在司法实践中的适用极其重要，值得我们深入思考。     

国际组织与成员国法律责任多重归属问题研究

国际组织和成员国的法律责任归属问题一直以来都是国际法争论的话题。政府间国际组织作为一类国际法主体,应独立承担法律责任。但在实践中,成员国在执行国际组织决议的过程中往往滥用国际组织法律人格,其行为不仅是国际组织法律人格的体现,还代表了自己的意志,造成法律责任归属不明。以此种争议情形为研究对象,结合1999年的使用武力合法性案,2007年欧洲人权法院的拜拉米案和萨拉马提(Behrami/Saramati)案、阿尔吉达(Al-Jedda)案以及2014年海牙法院关于斯雷布雷尼察(Srebrenica)诉荷兰案的相关判决,借鉴国外学者近几年的相关研究,认为应当坚持国际组织和成员国法律责任的多重归属。围绕责任多重归属原则的确立过程,通过对2011年《国际组织责任条款草案》相关条文的分析,明确了行为归属与责任归属的关系:只有确定行为归属之后,才能确定责任归属;为了最终确定责任的多重归属,提出以有效控制为标准认定行为归属,并明确这种有效控制是对具体行为的事实控制。     

Discovering hidden statistical issues through individual-level models in ecological studies

ABSTRACT

In ecological studies, individual inference is made based on results from ecological models. Interpretation of the results requires caution since ecological analysis on group level may not hold in the individual level within the groups, leading to ecological fallacy. Using an ecological regression example for analyzing voting behaviors, we highlight that the explicit use of individual-level models is crucial in understanding the results of ecological studies. In particular, we clarify three relevant statistical issues for each individual-level models: assessment of the uncertainty of parameter estimates obtained from a wrong model, the use of shrinkage estimation method for simultaneous estimation of many parameters, and the necessity of sensitivity analysis rather than adhering to one seemingly most compelling assumption.     

Grandparental childcare in Australia: gender differences in the correlates of providing regular grandparental care while parents work

Grandparents’ regular care for children while parents work has been mostly studied from the parental perspective. This paper focuses on the grandparents. Using the Australian Bureau of Statistics Time Use Survey 2006 (N = 7672) we investigate regular-caring grandparents’ demographic characteristics, which childcare activities they undertake, and how regular childcare provision relates to their time in other activities, subjective time pressure and satisfaction. Results indicate the correlates and nature of regular care differ by gender. Regular and non-regular-caring grandmothers’ relative time allocation to different childcare tasks barely differs, while regular-caring grandfathers’ care includes a much higher proportion of active care and travel than non-regular-caring grandfathers’. Regular care provision is associated with less leisure than non-regular-caring counterparts for both genders, but with only grandmothers’ housework, personal care and sleep time. Providing regular care doubles the likelihood of grandmothers reporting high subjective time pressure compared to non-regular-caring grandmothers; there is no association between regular care and time pressure for grandfathers. We conclude that in taking on regular care, grandparents echo the gender patterns found among parents, namely that it is women who are disproportionately impacted by meeting family care needs.     

Dynamics of Young Children's Socially Adaptive Resolutions of Peer Conflict

How do young children negotiate conflicts with peers that result in mutually beneficial resolution and peaceful interaction after conflict? A few studies suggest that when children use conciliatory strategies in conflict, socially adaptive outcomes are more likely to be achieved. The present study explores the relative associations of types of children's conciliatory conflict resolution strategies (i.e., prosocial, compliance‐oriented, solution‐oriented, and verbal clarification/apology) with conflict outcomes to contribute to knowledge of the discrete behaviors that might have salience for conflict resolution training. Socially adaptive conflict outcomes were expected to strongly relate to children's resolution strategies of a prosocial nature as well as to teacher or peer interventions encouraging prosocial behavior or empathy. Sampled conflicts (N = 521) were collected through field observations of 107 ethnically/racially and socioeconomically diverse four‐ to seven‐year‐old children. Logistic regression analyses with bootstrap‐based inference suggested that children's prosocial behaviors in conflict were most strongly tied to mutually beneficial resolution and peaceful postconflict interaction, when controlling for relevant covariates. Other conciliatory strategies varied in their association with socially adaptive outcomes. The hypothesis regarding third‐party interventions encouraging prosociability or empathy could not be examined due to infrequent occurrence. Insights for future research on children's socially adaptive conflict negotiations are discussed.     

Gambling-related problems across life domains: an exploratory study of non-treatment-seeking weekly gamblers

This study uses content analysis to provide a qualitative exploration of how life roles are affected by frequent (i.e. at least weekly) gambling, based on in-depth interviews with a community sample of 161 non-treatment-seeking frequent gamblers. Over half (51.6%) of the participants indicated problems associated with gambling and 131 examples were identified. The majority of problems were relational (50.4%), followed by financial (19.8%), work (13.7%), and school related (8.4%). Slightly less than half of participants (41.7%) reported losses due to gambling and 92 examples were provided. The most frequently reported loss was identity related (54.3%), which included self-esteem/shame (38.0%), estrangement from family (34.0%), estrangement from friends (16.0%), and estrangement from work colleagues (6.0%). Additional losses included health (29.3%) and financial (8.7%). Almost two-thirds of participants (64.6%) reported difficulty concentrating in family (18.4%), work (16.8%), and school (9.6%) activities, whereas general concentration problems comprised an additional 48.8% of the examples provided. Half of participants (49.1%) discussed behavioral withdrawal due to gambling, which included withdrawal from work (44.3%), relationships (24.5%), school (15.1%), and personal (6.6%) activities. These findings paint a complex picture of how gambling interferes with different life roles for some frequent gamblers, identifying important areas for future research and practice.     

Cash Transfers and Children's Education and Labour among Malawi's Poor

This article examines the impact on children's education and labour of monthly cash grants targeted on ultra‐poor households and designed to reduce poverty and enable families to invest in human development. It conducts a randomised community trial, with baseline and endline surveys of intervention and control households; verifies school enrolment; and completes key‐informant interviews and focus‐group discussions. Compared with non‐beneficiaries, intervention children experienced a 5 percentage point difference in enrolment, higher educational expenditures, fewer absences, and a 10 percentage point decrease in labour outside the home. Qualitative data confirm the quantitative findings. Transfers to poor households had a positive impact. However, the Malawian educational system needs to be improved for short‐term impacts to lead to long‐term development in human capital.     

“We’re Disgusted With Queers,not Fearful of Them”: The Interrelationships Among Disgust,Gay Men’s Sexual Behavior,and Homonegativity

ABSTRACT

Using a combination of personal reflections, published literature, and original empirical research, we argue that the disgust triggered by gay men’s sexual practices (specifically, anal intercourse) is a critical, though overlooked, contributor to heterosexual men and women’s homonegativity (i.e., negative attitudes and behaviors directed toward men who are or are perceived to be gay). We conclude our article by articulating several directions for future inquiry that we believe will advance current understanding of prejudice and discrimination directed toward gay men.