Victimized in Amsterdam: The organized reaction

This article deals with the effects of a unique victim assistance project for victimized tourists, the Amsterdam Tourist Assistance Service (ATAS). ATAS intervention turns out to have a direct impact on victims to the extend that the negative consequences or the victims are reduced. Besides, ATAS intervention has a function on repairing Amsterdam's image that probably was damaged aftre the victimization. This revised version was published online in July 2006 with corrections to the Cover Date.     

Prostitution control in America: Rethinking public policy

In the past two decades there has been little critical examination of the prevailing methods of controlling prostitution in the United States. This article examines selected problems in the control of prostitution in the United States and critically assesses three major alternatives to the prevailing policy of criminalization. Alternative approaches are evaluated using the criteria of public preferences, efficient use of criminal justice resources, and harm reduction. One policy, involving a dualistic approach, is found to be superior in satisfying these criteria. This revised version was published online in July 2006 with corrections to the Cover Date.     

论卖淫票娼行为的构成与认定

卖淫嫖娼行为,是指不特定男女之间以金钱财物为媒介发生的不正当的性行为。它包括卖淫嫖娼行为的客体、客观方面、主体和主观方面等四个要件。认定卖淫嫖娼行为,也就综合从行为的客体、客观方面、主体和主观方面等四个方面进行。     

Young People and Prostitution: Perpetrators in Our Midst

Involvement of young people in prostitution has been an increasingly familiar phenomenon in recent years. This article explores some of the matters related to it during those years. First, it reviews what has been happening during the 1990s. Second, it demonstrates, via a recent case study, some of the issues, debates and controversies that are related to youth prostitution. Third, it examines the latest developments in the United Kingdom before considering some of the international developments and implications for those involved in youth prostitution. Finally, some of the effects of 'new technologies' are considered while contemplating what remains to be done about the battle to combat youth prostitution.     

毁损美术作品的刑法思考

故意毁损他人一般美术作品的 ,可能构成故意毁坏财物罪 :它侵犯的是复杂客体 ,行为本质在于使一般美术作品丧失效用 ,对象是一切属于他人的有经济价值的非文物美术作品、包括违禁美术作品。同时 ,有必要将通过毁损方式侵犯他人美术作品著作权、情节严重的行为 ,予以犯罪化。毁损文物美术作品的行为 ,根据主观过错的不同 ,则可能构成故意损毁文物罪或过失损毁文物罪     

The Attitudes Toward Prostitution Scale: preliminary report on its development and use

The Attitudes Toward Prostitution Scale (ATPS) assesses the beliefs of men who purchase sex from prostitutes. Items for the ATPS were administered to a U.S. multisite sample of 1,001 men who had been arrested for soliciting an undercover police officer and subsequently referred to a psychoeducational program. Principal axis factor analysis was conducted, and it yielded three valid factors: Social/Legal Support of Prostitution, Beliefs About Prostitutes, and Family Values Related to Prostitution. Scale-item reliability was assessed with Cronbach's alpha on a second independent sample of 74 men, which offered data to support ATPS internal consistency and reliability. Based on these results, scale scores were standardized for practical use in research and clinical applications, and interpretation norms were established for a population of men who buy sex. A brief case example illustrates the practical use of the ATPS for assessment and intervention planning for customers of sex workers.     

The Treaty of Amsterdam: Challenges of Flexibility and Legitimacy

The paper reviews key aspects of the new constitutional framework for the European Union, once the Treaty of Amsterdam has been ratified, in the light of the core challenges of managing flexible integration in an enlarged Union and securing adequate legitimacy for the integration project. Reviewing briefly the general debates on flexibility, and its relationship to different constitutional and political futures for the Union which are suggested by those involved in the debates, the paper examines the principal provisions governing what is termed 'closer cooperation' within the new Union treaties. The emphasis is placed on the framework provisions of the TEU, and those in the First Pillar. It is noticeable that the Treaty takes a 'non-ideological' approach to flexibility, eschewing direct support for those who interpret flexibility as meaning more or less integration in the future. It provides a framework for future cooperation which is likely to be too restrictive to be workable, except in very limited circumstances. However, particular instances of flexibility are provided in the Treaty, in the form of the opt-outs from the new free movement title and the communitarisation of Schengen for the United Kingdom, Ireland and Denmark, and some might even describe these as 'pick-and-choose'. The paper concludes by reviewing the flexibility debate against the background of the ongoing legitimacy challenge for the Union, arguing that, as currently conceived, flexibility is more to do with balancing political interests than with securing or enhancing legitimacy.     

The Double Entendre of Juvenile Prostitution: Victim versus Delinquent and the Necessity of State Uniformity

Under the federal Trafficking Victims Protection Act (TVPA), minors performing commercial sex acts are deemed victims of human trafficking; however, prosecutors and judges continue to charge and adjudicate minors as prostitution offenders rather than as sexually exploited youth. To stop the perpetuation and victimization of sexually exploited children, states must join the movement in reform to match the standards of the TVPA. The federal law presumes that minors charged with prostitution are victims rather than criminals and are in need of specialized social services. To protect victims of sex trafficking, states should pass legislation in line with the TVPA, creating a presumption of immunity for all prostituted minors.     

When (Some) Prostitution is Legal: The Impact of Law Reform on Sex Work in Australia

In Australia, prostitution regulation has taken a very different path from many other countries. Law reform has led to the opening of some significant new spaces for legal sex work, including the (very different) regulatory regimes established in two Australian states – Queensland (brothels legal if their owners are licensed) and New South Wales (most commercial sex businesses and some street prostitution decriminalized; no licensing regime). The main research question is: how has regulation impacted on the positive rights of sex workers? I argue that law reform has engaged a mix of neo-liberal and other approaches – not to increase personal or corporate freedom but as part of a practical strategy designed to control a range of social problems, such as police corruption and organized crime. Neo-liberal regulation of prostitution in Australia has always been deployed in tandem with other modes of regulation – including new criminal law and policing strategies, planning law, health regulations, and (of course) moral regulation.     

关于查禁卖淫嫖娼活动的立法、执法思考

当前卖淫嫖娼屡禁不止,究其原因与公安机关对卖淫嫖娼活动打击不力有很大关系,具体表现为 对卖淫嫖娼人的处罚以罚款为主,拘留处罚、收容教养的比例比较低、劳动教养处理的少之又少。 为此,应完善立法,提高罚款幅度,取消对卖淫嫖娼人员的警告处罚规定,进一步明确收容教育的 条件,限制公安机关的自由裁量权。在现行的法律框架下,应完善公安信息系统,重视已查处卖 淫嫖娼人员的信息收集与加工利用;加大对嫖娼人员的处罚力度,铲除买方市场;规范《治安管理 处罚裁决书》的送达,动员社会力量,共同参与对卖淫嫖娼活动的治理。     

宽容:刑事政策演进中的增量因素

刑事政策的演进历史,一般认为是逐步轻缓化的过程,其实也可以说是宽容因素逐步增加的过程.所谓宽容是指行为者对于他(或她)所不赞成或不喜欢的人及其行为和信仰,无论从行为意义上讲还是从态度或德性意义上讲,有能力制止却不制止的一种有原则的克制.而正因为犯罪是不可消灭的社会正常现象,以及维护社会秩序、罪犯回归社会和人类理性的相对性,都使我们不得不对犯罪有所宽容,来达到追求最大限度地发展人类的力量这个人类永恒的目标.     

宽容:和谐社会的宪政之道

宽容是和谐社会的基本精神。和谐社会的宪政之道首先是宽容之道。宽容的宪政建设要求我们勘正忽视公民基本权利“基本”属性的错误认识,确立宪政民主观的民主思维。