当前贪污贿赂犯罪的特点、原因及对策

<正> 为了有力地打击贪污贿赂犯罪,现从理论和司法实践上对我国当前这两种犯罪的特点、原因及对策作一初步的论述。一、贪污、贿赂犯罪的特点、原因贪污、贿赂犯罪的特点包括案件的一般特点和现阶段犯罪活动的特点这两方面的内容,     

医疗卫生领域商业贿赂犯罪治理浅析

医疗卫生领域商业贿赂犯罪严重危害卫生事业的健康发展.当前,医疗卫生领域商业贿赂案件呈现新的特点.对已查处的商业贿赂犯罪进行实证分析,探讨案件发生的深层次原因,进而探索完善我国治理医疗卫生领域商业贿赂犯罪的制度.     

贪污、贿赂犯罪心态成因浅见

贪污、贿赂犯罪心态成因浅见孙宝民，彭彤近年来，检察机关一直把打击贪污、贿赂犯罪作为工作重点，但贪污、贿赂犯罪仍持续上升，大要案的比例增大，犯罪金额越来越高。经济犯罪居高不下的原因是复杂的，探讨产生、形成贪污、贿赂犯罪心态方面的原因，是当前需要解决的重...     

浅谈贿赂案件破案证据的收集

当前,贿赂犯罪呈现出新的特点,表现在行贿手法多样、贿赂关系长期稳定,集体受贿呈上升趋势。因此。打击贿赂犯罪已成为检察机关当前的重头戏。而要顺利侦破此类案件,最主要就是在收集犯罪分子的犯罪证据上下功夫。贿赂案件的证据主要包括言词证据和实物证据,笔者试从当前我国贿赂犯罪表现出来的新特点、贿赂案件的特点两个方面入手,提出在收集贿赂案件言词证据实物证据的几点拙见,供大家探讨。     

论贿赂犯罪的新特点及其治理对策

贿赂犯罪逐渐成为职务犯罪的主要形式,同时贿赂犯罪也呈现出一些新特点。这给贿赂犯罪案件的认定与查办,给反腐败斗争带来了巨大的困难。引发上述问题的原因是我国实体法、程序法规定得不完善,以及目前相关政策过于空泛,不能切实有效地指导实践。治理当前贿赂犯罪要对贿赂犯罪持零容忍态度,尽快完善司法独立,健全反贪法律体系。     

论市场经济体制下的贿赂犯罪及防治对策

贿赂犯罪作为一种古老的犯罪，并非市场经济社会所独有，更不是市场经济的必然产物。但是在市场经济体制下，贿赂犯罪已经呈现出前所未有的发展趋势。贿赂犯罪严重败坏党风和社会风气，危害国家建设，阻碍社会主义市场经济的发展。因此，国家十分重视对贿赂犯罪的惩治和防范。本文拟剖析市场经济与贿赂犯罪的关系，分析我国目前贿赂犯罪的特点，并探讨惩治和防范贿赂犯罪的对策。一、市场经济与贿赂犯罪的关系（一）市场经济自身固有的消极因素是滋生贿赂犯罪的重要原因。众所周知，市场经济是以交换为目的的商品经济，追求最大物质利益是其…     

我国贿赂犯罪现状及立法完善

当前我国贿赂犯罪呈现窝案、串案多、涉及领域多、行业广等特点,在查办贿赂犯罪过程中遇到了贿赂犯罪的客观要件中＂谋取利益＂难以界定;非财物贿赂增多,贿赂犯罪难以认定等困难。目前我国贿赂犯罪的立法存在客体不明确,对象犯罪过小等问题。     

自然人贿赂犯罪立法上的缺陷

以犯罪主体划分，贿赂犯罪分为法人主体和自然人主体两种。自然人贿赂犯罪包括三个具体罪名，即：受贿罪、行贿罪、介绍贿赂罪。但自两法修改以来，惩治贿赂犯罪工作不尽人意，许多检察机关查办贿赂犯罪至今空白，除其它一些原因外，贿赂犯罪立法上的缺陷亦不容忽视。主要表现在：     

商业贿赂犯罪证据特殊性分析

商业贿赂犯罪的经济性、文本性、隐秘性决定了商业贿赂犯罪证据收集和运用过程的复杂性、艰难性、易变性。准确把握商业贿赂犯罪的证据特点和规律,是当前理论界和实务界共同面临的重大理论问题。     

商业贿赂犯罪若干问题探讨

当前我国在商业贿赂犯罪的刑事立法中存在着诸多问题,学界和实务界对商业贿赂犯罪的许多问题还存在分歧和争议,影响了查办商业贿赂犯罪的效果。本文试对商业贿赂犯罪行为概念和特点作出阐述,对我国现行法律中有关商业贿赂犯罪的规定进行研究和探讨,获得对商业贿赂犯罪的全面、深入的理解和认识,从而进一步提出完善我国惩治商业贿赂犯罪事实法律体系的构想,为治理商业贿赂,打击商业贿赂犯罪司法实践提供立法和理论依据。     

Bones, blood, pellets, glass, and no body.

A man was found guilty of killing his wife, although her body was never found. The case centered on her car, which contained fragments of bone, glass, shotgun pellets, and dried blood. Deoxyribonucleic acid (DNA) fingerprinting techniques were used to establish the decedent's identity. Examination of the bone fragments revealed that they were from the skull. These two pieces of information, added to other evidence, proved that the defendant's wife had received a fatal injury in her car, and a guilty verdict was rendered.     

On Theory, Models, Model-Testing, and Estimation

I reply to comments and criticisms of my article raised in this Special Issue by Cantor and Land, Britt, O'Brien, Levitt, and Paternoster and Bushway.     

Property Rights, Theft, Amnesty, and Efficiency

In this paper we show that costs associated with infractions of property rights, such as theft, can be reduced by imposing lower penalties on individuals who admit to such infractions and make restitution. We find that the socially optimal penalty on a confessed thief may be zero (complete amnesty) or even negative—a person may be given a reward for confessing a theft. This is because a thief's valuation of a good is generally lower that its valuation by its legal owner, and an amnesty permits the trade that such a difference in valuation makes calls for. It is interesting to note that the benefits of amnesties were apparently recognized in ancient times and they constitute part of Biblical Law. Moreover, such amnesties have also been informally incorporated into modern legal systems, wherein leniency (a form of partial amnesty) is generally shown to individuals who confess their infractions.     

Families, Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

Families,Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

Medicare program; peer review organization contracts: solicitation of statements of interest from in-state organizations--Alaska, Delaware, the District of Columbia, Hawaii, Idaho, Illinois, Kentucky, Maine, Nebraska, Nevada, South Carolina, Vermont, and Wyoming--HCFA. Notice

This notice, in accordance with section 1153(i) of the Social Security Act, gives at least 6 months' advance notice of the expiration dates of contracts with out-of-State Utilization and Quality Control Peer Review Organizations. It also specifies the period of time in which in-State organizations may submit a statement of interest so that they may be eligible to compete for these contracts.     

Primary hyperparathyroidism, hypercalcemia, paranoid delusions, homicide, and attempted murder

This report describes a case of primary hyperparathyroidism in a 68-year-old man. The endocrine disorder, while suspected before the commission of homicide and attempted murder, was proven biochemically and histologically a number of months after the commission of the crimes. The acts of homicide and attempted murder followed the development of paranoid delusions, which rapidly resolved upon successful removal of a single cystic parathyroid gland adenoma. The unusual events that immediately followed the acts of violence indicate that the delusions occurred in a clear sensorium (absence of delirium). Psychological measures taken before and after surgery document improvement in subtle organic functioning while intelligence was unchanged. This report discusses the neuropsychiatric manifestations of hypercalcemia and reviews the literature.     

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PARENTS

Estimates are that there are between 1.2 and 3 million people who are in same-gender partnered household relationships in the United States. Although there is less certainty about the number of parents among these couples and the number of single-parent gay and lesbian families, all research shows that a growing number of gay and lesbian as well as bisexual and transgender individuals are choosing to be parents. A sound body of empirical literature has demonstrated that the sexual orientation of a parent is irrelevant in terms of a person's ability to parent and has no lasting effect on the psychological adjustment of the person's children. Nevertheless, a majority of states in the United States place considerable legal hurdles in the face of lesbian, gay, bisexual, and transgender (LGBT) individuals who would like to be parents, as do many countries around the world, and the social context of contemporary society creates a number of special issues that the forensic evaluator or psychologist may encounter when asked to make a custody, adoption, or other fitness to parent assessment with LGBT parents. This article presents an overview of these issues and moves beyond theory to provide specific recommendations for evaluators working with LGBT parents.     

Risk,Precaution, Responsibility,and Equal Concern

Systemic risks are risks produced through interconnected non‐wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk‐bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk‐based cost‐benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult‐to‐research systemic risks.