民间私募证券投资基金运营中的涉罪问题研究

对于民间私募证券投资基金运作中的危害行为,刑法既要积极干预又要慎重适度。民间私募证券投资基金募集中可能构成的罪名有:非法吸收公众存款罪,集资诈骗罪,组织、领导传销活动罪,擅自设立金融机构罪,伪造、变造、转让金融机构经营许可证、批准文件罪,非法经营罪,虚假广告罪,擅自发行股票、公司企业债券罪,欺诈发行股票、债券罪,虚报注册资本罪,虚假出资、抽逃出资罪;民间私募证券投资基金运作中可能构成的罪名有:内幕交易、泄露内幕信息罪,利用未公开信息交易罪,操纵证券、期货市场罪,编造并传播证券、期货交易虚假信息罪,违规披露、不披露重要信息罪,隐匿、故意销毁会计凭证、会计账簿、财务会计报告罪;民间私募证券投资基金清算中可能构成的罪名是妨害清算罪。     

论票据诈骗罪与集资诈骗罪的准确定性——从一类刑事疑难案件谈起

以承诺给予高息、工程等好处为借口从特定受害人处吸收大量存款,然后勾结银行工作人员更换特定受害人留在银行的验证资料并伪造取款票证将款项取走的行为,应当定性为票据诈骗罪。对票据诈骗罪的理解要建立在对票据这一犯罪工具和非法集资行为实质内涵的正确解读基础上。对此类案件中银行工作人员和相关存款企业及其工作人员的责任应具体分析,票据诈骗罪与伪造、变造金融票证罪的罪数问题值得重视。刑法是科学,任何个罪的定性都应摒弃刑法工具论的倾向。     

A sociosemiotic interpretation of cybersecurity in U.S. legislative discourse

ABSTRACT

Based on one specially created corpus of U.S. cybersecurity-related laws, this study employs the corpus approach to examine the referent objects and securitizing actors in U.S. cybersecurity legislative discourse, which are two critical issues in constructing security, including cybersecurity. Through corpus data analysis, it is found that unlike traditional security, cybersecurity has become more people-oriented in terms of referent objects with critical infrastructure as a key referent object. Additionally, the role of private sectors and cooperative security are highlighted in U.S. cybersecurity legislative discourse. From a sociosemiotic perspective, it is noted that the meaning-making process of U.S. cybersecurity not only is conveyed by the texts but also interacts with other sign systems, such as historical background, cyberspace as a virtual realm and social contexts, which suggests that the specific meanings of signs constructing cybersecurity and cybersecurity itself should be interpreted in specific temporal or spatial contexts. Furthermore, a sociosemiotic approach to U.S. cybersecurity legislative discourse also offers valuable insights to how signs and concepts in cybersecurity contribute to sketching a holistic landscape of cybersecurity and further security on a large scale.     

关于铁路犯罪现场勘查课程建设的调查与思考

铁路犯罪现场勘查课是铁路公安院校专业特色课程建设的重要内容之一。目前铁路公安实战 单位与犯罪现场勘查工作有关的情况,主要表现在以下几个方面:一是各铁路公安局、处技术力量不均衡,二 是犯罪现场勘查设备有了一定的更新,三是对犯罪信息的重视程度有了明显的提高,四是铁路犯罪现场状况 有了新的改变,五是铁路犯罪现场构成具有鲜明特色。加强铁路犯罪现场勘查课程的研究,在深入探讨铁路 犯罪现场的特定构成,为铁路公安实际勘查操作提供切实可行的程序、方法,建立铁路犯罪现场勘查的理论 体系,促进铁路刑事案件查破工作水平的提升等方面都具有非常重要的意义。     

收买被拐卖的妇女、儿童罪若干疑难问题探析

行为人产生出卖目的的时间对于收买被拐卖妇女、儿童罪转化犯的认定具有重要作用.刑法对本罪除罪事由的规定具有合理性,同时,基于收买对象是妇女还是儿童的差异,对本罪除罪事由也应作不同理解.被害人承诺在符合一定条件的情况下,可以免除收买人的刑事责任.在罪数形态上,收买者同时实施了教唆、帮助拐卖行为的,构成牵连犯,应从一重处断;在构成本罪转化犯的情况下,行为人又实施了非法拘禁、虐待、强奸等行为的,不能实行数罪并罚,应以拐卖妇女、儿童罪一罪论处.     

Civic implications of restorative justice theory: Citizen participation and criminal justice policy

Restorative justice, a normative theory and reform movement emphasizing dialogue and reconciliation between victim, offender, and community, is a widespread, if experimental, part of the practice of criminal justice in the United States. This essay argues that restorative justice draws connections between civic engagement and punishment practices that distinguish it as a normative theory of criminal justice. Advocates of restorative justice expect the growth of non-punitive attitudes and the weakening of support for incarceration to emerge from a public and lay-oriented context of adjudication. The role of lay participation in achieving social change, although prominent in restorative justice critiques of mainstream criminal justice norms and practices, has not been clearly articulated in practical terms. Significant ambiguities remain regarding the degree of lay participation, scope of authority, and the focus of restorative justice forums. The essay argues that an adequate assessment of restorative justice experiments should include an analysis of their impact on public attitudes towards crime and crime control policy and not simply on their impact on the specific victims and offenders involved. The link between less incarceration and restorative justice forums is public willingness to grant them the authority to hear and sanction offenses that would ordinarily receive incarceration. Whether and how they can influence broader public attitudes, then, is a critical test of restorative justice effectiveness.     

From Passive Objects to Active Agents: A Comparative Study of Conceptions of Victim Identities at the ICTY and ICC

Contemporary developments in international criminal justice have led to new systems of victims' rights and redress. A number of studies have identified the processes of victim protection, participation, and reparations at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC). However, little attention has been paid to how these changing practices have served to constitute victim identities. This article seeks to address this gap in scholarship through an analysis of the changing definitions, status, and integration of victims into these institutions. It explores how institutional practices serve to construct victims as either “passive objects” or “active agents” of the law. It then considers whether this “active agent” translates to ideas of the person in all social contexts. The article argues that the ICC needs to consider whether victims hold the necessary personal, material, and social “resources” required to action their rights in this institutional context.     

危害药品安全犯罪的罪名确定

危害药品安全犯罪涉及生产、销售假药罪,生产、销售劣药罪,生产、销售伪劣产品罪,非法经营罪,诈骗罪,以危险方法危害公共安全罪等多个罪名。实施生产、销售假药、劣药犯罪,同时构成生产、销售伪劣产品,侵犯知识产权,非法经营等犯罪的,应按照处罚较重的规定定罪处罚。对于以销售假药、劣药为名行骗取他人财物之实,数额较大的,应以诈骗罪定罪处罚。生产、销售假药、劣药罪与以危险方法危害公共安全罪的界限,关键在于把握犯罪构成的主观方面。     

Participant or Spectator? Victim‐Focused Political Activity since 2010

The public significance of the victim has shifted over successive governments. Each party, when in power, has utilised and politicised the victim to support its policy and legislative agenda. However, on the whole, this attention has been reserved for those who are victims of serious crime (such as murder, sexual violence and domestic abuse) and not volume offences (such as burglary, criminal damage, theft). Recent years have seen the inquiry rising in popularity, a ‘quick political fix’ to satisfy victims—and the public—that action on societal ills is being taken. However, in so doing, successive governments have, perhaps inadvertently, tended to replicate the ‘hierarchy of victimisation’ that is witnessed in frontline criminal justice activities. This has the result of affording victims only a spectator role when policy and legislative changes are being developed in their name. By contrast, the actions taken in developing expert and practitioner‐led policy around victim experience have proved to be more ‘successful’ in generating lasting change. This article suggests that there is no single ‘right’ approach to involving victims in policy development, but that each particular incident or situation needs consideration as how most ‘effectively’ to involve first‐hand victim experience.     

盗窃罪、诈骗罪和抢夺罪的界定——以张某某抢夺案为视角

盗窃罪、诈骗罪和抢夺罪是三个常见的、多发的侵财类犯罪,占据刑事犯罪的多数。三罪有一定的相似之处,尤其是当一罪中混合着三种罪的作案手段时难以辨别。司法工作者应在查清事实和情节的基础上,以法条为标准,综合运用法学知识,借助科学合理的分析方法,对案件准确定性。     

Deconstructing competing courtroom narratives: representation of social actors

Underpinned by the assumption that the import of the facts and the law in the courtroom depends on how they are invoked and (re)presented mainly through language use by courtroom interactants, this functional linguistic study critically scrutinizes representation strategies that opposing lawyers use to position social actors in their narratives, integrating Halliday’s concept of transitivity and van Leeuwen’s inventory of social actor representation. The findings reveal that the two sides consistently exhibit contrasting discursive practices, and that referential choices and grammatical positioning constitute major semiotic resources that work in concert to construct different identities and alternate realities, and negotiate interpretations of the guilt and innocence of the defendant and the victims. Social actor representation, it is argued, constitutes an important contingency bearing on the outcome of this institutional discourse. Such resources are deeply intertwined with each presenter’s underlying ideologies in this institutional discourse.     

Servicing a heavy metal fandom posthumously: a sociosemiotic account of collective identity formation in Dio's memorial

This study is positioned in the burgeoning research field of collective memory and identity by offering a sociosemiotic account of the formation of fandom identity in the context of Ronnie James Dio's memorial. By drawing on the three major categories whereby collective memory is formed – that is artifacts, processes, places, as well as on the three key sociosemiotic metafunctions which are responsible for shaping a cultural event as sign system – the study scrutinizes the key semiotic resources that shape the experiential event of a memorial. This paper contributes to the extant literature on memory and identity by offering a nuanced, sociosemiotically informed reading of a heavy metal legend's memorial, while attending to the bespoke semiotic resources that comprise it.     

‘There is no racism here’: public discourses on racism,immigrants and integration in Denmark

ABSTRACT

Jensen, Weibel and Vitus's article critically discusses contemporary Danish policies aimed at the elimination of ethnoracial discrimination, drawing on policy analyses and qualitative interviews with local and national authorities in Denmark. It illustrates how questions of discrimination and racism are marginalized and de-legitimized within the dominant integration discourse, resulting in the marginalization of anti-racism in policymaking. The side-stepping of racism is being naturalized in public policies through strategies of denial and by addressing discrimination as a product of ignorance and individual prejudice rather than as embedded in social structures. The authors examine how immigration, integration and (anti-)racism as concepts and phenomena are understood and addressed in Danish public policies and discourses. Despite denials of racism in Denmark, Jensen, Weibel and Vitus show that, based on re-definitions of identities and relations, it continues to exist and is evident in public debates and policies on immigration and integration.     

信息化侦查中的程序控制与公民信息权保障

犯罪控制与人权保障的冲突在刑侦领域尤为凸显。信息社会刑侦部门对信息资源的高度依赖决定了刑侦信息化在有效侦破案件的同时也会带来侵犯公民权利的风险。以网上立案程序实现侦查程序的控制并通过对侦查机关采集使用个人信息制度的规范,达到保障公民的信息权利乃至人权的终极目的。     

For Whose Benefit? Fear and Loathing in the Welfare State

This article contributes to the debate on the relationship between marketing and propaganda through an analysis of social marketing as a mode of governing in permanent campaigning. The working hypothesis is that social marketing operations are agitational rather than propagandistic. The conceptual approach stems from a comparison of propaganda and marketing with Fordist and post-Fordist modes of production and governance. The research into the role of agitation involves an empirical study of the UK government campaign against benefit fraud, the most expensive of its kind. Using a combination of methodologies, the political context is framed through a discourse analysis that charts the historical emergence of the problem of benefit fraud and the material effects of this discourse on welfare spending allocation, content analysis is used to identify correspondences between different newspapers’ rhetoric and policy under different governments, and semiotic analysis helps to decode the message of the campaign against benefit fraud, as it relates to the overall government's strategy on this issue. The study offers insights into the political strategy of the government of New Labour between 1997 and 2010 and its resort to agitational techniques, exposing the limitations of government marketing and public relations in the context of an overall crisis of its political legitimacy, in both economic and political terms.     

渎职罪的范畴应当扩大

渎职罪是国家公职人员利用公权的职务性犯罪，相比其他刑事犯罪，犯罪主体是国家机关工作人员，犯罪行为具有典型的职务特征，侵犯的社会关系具有特定性，从渎职罪的特性分析：包庇纵容黑社会性质组织罪、瞒报不报安全事故罪、缉毒人员包庇毒品犯罪分子罪、司法工作人员妨害作证罪和帮助毁灭、伪造证据罪应归入渎职罪。     

Protest and property crime: political use of police resources and the deterrence of crime

This article investigates the claim that the political use of police resources promotes crime. Using a panel of South Korean metropolitan areas, we show that (1) the reallocation of police resources toward the control of political protests reduces arrest rates for crime and (2) the resulting reduction in criminal arrests significantly increases the incidence of crime. Overall, the impact of the reallocation of police resources works mainly through tradeoffs with arrest rates. Our findings imply that it is not the size of the police per se, but the allocation of police resources toward crime control that deters crime.     

“飞车抢夺”行为定性探讨

飞车抢夺具有不同于传统抢劫、抢夺的特征,但在司法实践中往往将其定性为抢夺。为了严厉打击飞车抢夺,近年来,我国打击"飞车抢夺"的刑事法律政策,经历了从量刑从重到定性从重的演进,但还是不能有力打击"飞车抢夺"。针对与人身具有紧密连接的物品进行的"飞抢"完全符合"以其他方法抢劫"的主客观要件,应当认定为抢劫罪。     

农村犯罪黑数问题的法律思考

农村社会中存在的犯罪黑数是建设社会主义和谐社会的阻碍因素之一。农村犯罪黑数较高的原因有多种。要降低农村社会的犯罪黑数，必须加强社会主义法治教育，遏制、打击宗族势力在农村的发展，充实农村的警力配置以及消除受害人自身对刑事案件隐匿不报的错误认识。     

Might Makes Right: War-Related Payments in Bosnia and Herzegovina

ABSTRACT

This article explores the patterns of distribution of material reparations (compensation) for victims and veterans in post-1995 Bosnia and Herzegovina. Drawing on bottom-up approaches to reparative justice and critical peacebuilding, it explains the existing material reparation schemes in Bosnia as outcomes of the post-war transition and interests of the main transitional actors. It first explores the different approaches to war-related compensation for victim and veteran groups and then demonstrates that veterans have formed powerful pressure groups, drawing on extensive political and economic resources. Their organizations have been receiving socioeconomic support in exchange for electoral endorsement and public political support. As victims are fragmented ethno-nationally, by categories, and also lack capacities, their means to leverage the authorities for change are limited, even when matched with NGO and international support. This paper argues that unless material reparation is distributed in a transparent and consistent manner, it may create additional social cleavages and tensions.