刑事违法观与犯罪构成关系论

按照主观违法论而加以建构的传统犯罪构成理论有别于按客观违法论建构的大陆法系犯罪论体系,两者有着不同的研究进路和研究方法。主观违法论强调有责之违法,行为人的主观罪过、客观的危害行为、刑事责任能力都是违法的构成要素,这种因人而异的违法观不能很好地为司法实践提供理论根据。从主观违法论立场出发,我们不可能从构成要件其中一个方面单独地判断违法性是否存在,传统犯罪构成理论将犯罪构成要件定位于反映行为社会危害性的事实特征,因此,犯罪构成只反映定罪结论,不反映定罪过程。     

析我国刑法第十三条之规定

犯罪概念 ,大致上可以分为形式概念、实质概念及混合概念。我国刑法第十三条规定的是犯罪的混合概念 ,这一混合概念存在着逻辑上的缺陷 ,欠缺明确性和可操作性。文章就如何更为科学地定义犯罪 ,完善我国刑法第十三条作了初步探讨     

Creating Stepfamilies: Integrating Children Into the Study of Union Formation

As a result of the growth in out‐of‐wedlock childbearing and union instability, adults contemplating forming a new union are often already parents. This article examines the role of children in stepfamily formation, both coresident and not, using the 2,594 respondents in the National Survey of Families and Households who were not living with a partner in 1987/1988. We consider children of the respondent and of the partner, which allows us to examine the determinants of entering a stepfamily. We found that being a coresident father dramatically increases forming a union with a woman with children. Women’s coresidential children reduce women’s odds of forming unions with men who do not have children and increase them for unions with men who do.     

Premarital Cohabitation and Housework: Couples in Cross‐National Perspective

The authors examine the effect of premarital cohabitation on the division of household labor in 22 countries. First, women do more routine housework than men in all countries. Second, married couples that cohabited before marriage have a more equal division of housework. Third, national cohabitation rates have equalizing effects on couples regardless of their own cohabitation experience. However, the influence of cohabitation rates is only observed in countries with higher levels of overall gender equality. The authors conclude that the trend toward increasing cohabitation may be part of a broader social trend toward a more egalitarian division of housework.     

Relationship Dissolution as a Life Stage Transition: Effects on Sexual Attitudes and Behaviors

In this paper, with the use of linear regressions to investigate how relationship dissolution affects sexual attitudes and behaviors, the authors address the stereotype that newly single people seek multiple sexual partners. Although the newly single people surveyed did obtain new sexual partners, the rate at which they acquired new partners did not support the stereotype. Specifically, men with custody of their children seemed oriented toward finding a steady partner. Additionally, men and women with low incomes reported relatively high rates of partner acquisition after relationship dissolution. The high rates reported by disadvantaged groups may be more directly related to familial instability accompanying poverty than to cultural characteristics associated with income or race. We argue that a life stage model with categorical stages in a rigid, anachronistic progression provides insufficient means to gain an understanding of newly single people.     

Relationship Quality in Marital and Cohabiting Unions Across Europe

In this study, the authors used data from the first wave of the Generations and Gender Survey to investigate relationship quality among currently married and cohabiting individuals ages 18 to 55 (N = 41,760) in 8 European countries (Bulgaria, France, Germany, Hungary, Norway, Romania, Russia, and The Netherlands). They expected to find fewer differences between cohabitation and marriage in countries where cohabitation is widespread. Controlling for a range of selection characteristics of respondents and their partners (e.g., common children, union duration, and education), the analyses showed that in all countries cohabiters more often had breakup plans and were less satisfied with their relationships than individuals who married. This cohabitation gap in relationship quality was largest in Russia, Romania, and Germany, which indeed were among the countries in the current sample where cohabitation was least prevalent.     

论行政不作为违法

行政不作为是行政行为的一种,行政不作为违法是行政违法理论的重要组成部分,对行政不作为违法进行司法的最终救济,能够充分保护当事人的合法权益。     

Exploring the Relationship between Secularity and Marital Behavior

The higher religiosity of women is a longstanding feature of the religious landscape in the Western World. With the recent vibrancy of secular movements, the greater religiosity of women is reflected in a gender imbalance within the secular groups. For instance, more than three quarters of American atheists are male. Given the effects of both religiosity and secularity on worldview and lifestyle, this gender imbalance is likely consequential for marital behavior and outcomes. Using the latest cycle of the Canadian General Social Survey focused on family, this paper examines how marital behavior of individuals without any tie with religion or spirituality compares with others. Secular males are found appreciably more likely to experience marital dissolution, whereas their female counterparts are shown no different from others. This result lends support to the theories that posit religiosity as a complementary marital trait, requiring the mating of the like. The analysis also indicates that union formation behavior of secular females manifests a larger shift away from the traditional conceptions of marriage compared with secular males. Various explanations are explored.