上海地区黑社会性质组织犯罪的特征与思考———基于十四个已决案列的实证分析简

黑社会性质组织，以暴力、威胁等手段，称霸一方，严重破坏市场经济秩序和社会管理秩序，危害广大人民群众生命健康和财产安全。本文结合上海地区发生和处理的黑社会性质组织犯罪案件，分析了黑社会性质组织的组织特征、成员构成及区域特征等问题．并重点研究了“保护伞”是否作为犯罪构成要素及入境发展黑社会组织罪是否有存在必要的问题。     

解读“黑社会组织”

现阶段，港澳台地区都专门制订了单行反黑刑事法律，对惩治黑社会犯罪作出了具体性规定。目前，“黑社会组织”一词在我国大陆地区还不是刑法名词，立法机关尚未对其进行原则性规定和有权解释。对于黑社会组织的认知，不应人为拔高；对于黑社会组织的理解，不应自我僵化。精确解读“黑社会性质组织”和“恶势力”，将有助于科学界定“黑社会组织”。     

勿滥用“黑社会”

我国1997年《刑法》第294条首次规定了“组织、领导、参加黑社会性质组织罪”、“入境发展黑社会组织罪”、“包庇、纵容黑社会性质组织罪”。因为其社会危害性严重,所以,今年我国严打整治专项斗争才将黑社会性质组织犯罪作为打击重点之一。但是,从目前的报道看,一些地方的数据上有滥用“黑社会”之嫌,使人感觉一些市县黑恶势力已十分猖獗,容易在群众中产生一些负面影响,事实上,其中还包含了一     

黑社会犯罪概念辨析

一、“黑社会组织”之含义（一）“黑社会”词义探析一提起“黑社会”这个名词，人们会很自然地联想到：旧上海滩的青红帮、意大利的黑手党，港台影片中的黑道、黑老大之类。作为一个外来词，我国在８０年代以前，并无“黑社会”一词，所以有必要借鉴该词在国外用法上的各...     

把握证据 锁定涉黑犯罪组织——从“赵晓东案”谈涉黑犯罪的组织性证据的搜集固定

“打黑除恶”专项斗争中,有一部分黑社会性质特征较为明显的犯罪组织未能以黑社会性质组织犯罪定罪处罚,其原因之一,就是我们将工作重点放在了发现具体犯罪行为人,控制、抓获犯罪嫌疑人,而对黑社会性质组织犯罪中证明其“组织性”的证据收集与固定缺乏经验。现在的黑社会性质组织, 组织结构大多是以各成员的口供相互印证加以明确的。很难再     

我国黑社会性质组织构成是否需要“保护伞”属性

重庆打黑案的爆发，使得黑社会性质组织犯罪越来越受到广泛的关注和研究。黑社会性质组织犯罪的滋生发展，腐蚀党政司法干部，败坏党风和社会风气，腐蚀干扰基层政权组织。《办理黑社会性质组织犯罪案件座谈会纪要》称不再要求黑社会性质组织的“保护伞”属性，没有“保护伞”也可以构成。那么我国黑社会性质组织是否需要“保护伞”呢，本文正是对此展开探讨。     

金祸还是人祸？陕西黄金大县黑社会犯罪案调查

近日，陕西省渭南市中级人民法院对潼关县冯永强等为首的27人黑社会性质组织犯罪案进行了公开宣判。在长达88页的判决书中，一审法院认定这一黑社会性质犯罪组织27名成员犯有“故意杀人罪”、“寻畔滋事罪”、“行贿罪”、“组织、领导黑社会性质组织罪”等10余宗罪名。对冯永强数罪并罚，决定执行无期徒刑，剥夺政治权力终身；     

澳门反“黑”立法对策及其借鉴

随着澳门的回归,在澳门政府及有关部门的努力下,澳门打击黑社会取得了显著成绩。澳门的反“黑”立法对策为:针对黑社会形成原因,重点预防;针对黑社会犯罪特点,单独立法;对黑社会下游犯罪,突出打击。这些都是值得内地借鉴的。     

何为“带有黑社会性质的犯罪集团”？

何为“带有黑社会性质的犯罪集团”？编辑同志：近年来，在报刊上时常见到“带有黑社会性质的犯罪团伙或集团”的称谓，贵刊文章也用过此语。请问：什么是“带有黑社会性质的犯罪集团”？惩处的法律依据是什么？江苏省丹阳市人民检索院万智林万智林同志：所谓“带有黑社会...     

浅析我国刑法中黑社会概念的界定

涉及黑社会性质组织犯罪的治罪前提是正确界定黑社会组织。何为黑社会，达到什么样的程度才能称为黑社会性质，立法未作规定，理论界也少有探讨，本文就此略作阐析，以求共识。黑社会在中国是一个有着较长历史并流传很广的概念，在《语言大典》中，其被解释为“有组织地进行犯罪活动的集团，犯罪分子团伙。”该表述在刑事法学意义上缺乏科学性，但它提供了一个基本信息，即黑社会是有组织进行犯罪活动的。各国因历史条件和现实国情不同，对黑社会的认定各异，称谓也不一。如意大利的“黑手党”，日本的“暴力团”等。黑社会因有组织性，德国…     

Registered Sex Offenders,Residence, and the Influence of Race

ABSTRACT

The current research assesses the characteristics of neighborhoods where registered sex offenders (RSOs) reside and whether or not race influences the locations of these RSOs. Drawing on data from 2,290 RSOs in five urban counties, analysis focuses on assessing the characteristics of census tracts where Black and White RSOs reside, as well as assessing characteristics of census tracts with high concentrations of RSOs in residence. Findings show that census tracts where sex offenders reside display more social disorganization than communities and the nation as a whole. Census tracts where Black RSOs reside are generally more socially disorganized than those where White RSOs reside. Additionally White RSOs are more likely to reside in census tracts with high concentrations of RSOs.     

PTSD,Endophenotypes, the RDoC,and the DSM-5

The search for endophenotypes that stand between genetics and disease has been applied to the diagnostic entity of Posttraumatic Stress Disorder (PTSD). Advances are being made in understanding the pathway to disorder in PTSD in terms of brain regions, neuronal networks, stress-related systems (e.g., the hypothalamic–pituitary–adrenal (HPA) axis), and their underlying genetic and neurogenetic bases. The latter are affected by gene–environmental interactions and epigenetic effects, and the environment and context reciprocally interrelate with them, as well. Therefore, a primary focus on (neuro)pathophysiological intermediates in the disease pathway, as appears emphasized in the research domain criteria (RDoC) approach to etiology of psychiatric disorder, and to which the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5) subscribes, might detract from a more inclusive biopsychosocial approach that would be more applicable in the case of PTSD. The paper undertakes a comprehensive review of the recent literature in the areas of endophenotypes, neurogenetics, epigenetics, neural networks, HPA axis, neuronal networks, pathways, the PTSD five-factor model, allostasis, and the RDoC criteria for psychiatric diagnosis, and then returns to the topic of endophenotypes. Neuronal networks constitute one integrating area that could help in arriving at an appropriate model of PTSD endophenotype. Pathway analysis provides a rich field for discerning individual differences in PTSD development, more so than the static approach of using DSM-5 symptom criteria. A model of endophenotypes is presented, which considers these factors in relation to PTSD. The paper concludes with implications for the DSM-5, for practice and for court, especially that it would be premature to seek individual biomarkers of PTSD given the current state of knowledge, even if it is burgeoning.     

Law,the State,and the Dialectics of State Crime

Drawing on material from a study of civil society and state crime in six countries, this article reflects on two themes from Chambliss’s work: the debate between state-centred and more pluralistic views of law, and the “dialectical” approach to the analysis of state crime. It argues for a more pluralistic approach to law than Chambliss and Seidman adopted in Law Order and Power, along with a broader approach to the definition of state crime as a form of deviant behaviour. Case studies from the civil society research illustrate how the strategies adopted by organizations challenging state practices can be understood in terms of an interplay between different forms of law. With some qualifications, we support Chambliss’s dialectical approach, and attempt to clarify just what the term “dialectical” means. Finally we bring together the two strands of the argument to propose an approach to state crime founded on “dialectical legal pluralism”.     

Crime,detection rate,and the police: A macro approach

Dutch criminality and its relation to the performance of police and justice have only recently been analyzed at the macro level (e.g., at the level of municipalities or the whole country). This type of approach is a useful supplement to analyses at the micro level (that of individuals), which are more common in Dutch empirical criminological research. The main results of such a macro approach are presented in this article. We conclude that the per capita numbers of youth, divorced people, and unemployed contribute significantly to the crime rate. The police strength and solving rates are important factors as well. Analysis of the production process of the police reveals that detecting one more case of driving under the influence is far more expensive than solving one more other crime or handling one more traffic accident. The results are combined to sketch a cost-benefit approach of different strategies in allocating more resources to the police. Allocating extra resources to solving more cases of vandalism gives the best cost-benefit ratio.     

Severity of penalty,seriousness of the charge,and mock jurors' verdicts

It has been suggested that jurors in criminal trials are less likely to convict when the penalty is more severe or the charge is more serious. This was explained by Kerr (1975) in terms of a perceived increase in the cost of a Type I error (convicting an innocent person) that resulted in a criterion shift in the amount of evidence jurors required to vote guilty. The previous research found only weak support for the prediction regarding severity but consistent support for the predicted effect of seriousness. However, in the case materials used in these studies, more evidence was legally required to prove guilt on the more serious charges. This article presents studies in which the amount of evidence needed to prove guilt was equated for all charges. Under these circumstances, there was no effect on verdicts of seriousness of charge or severity of penalty and no evidence of a criterion shift due to either variable. There may still be reason to believe that these factors affect real juries, but this belief is not supported by the systematic evidence from mock jury studies.     

Police organizational factors,the racial composition of the police,and the probability of arrest

While past research has considered the effects of police organizational characteristics on various outcomes, including arrest rates, relatively little research has explored the role of the racial composition of the police and its association with race‐specific arrest rates. Furthermore, no research has explored the association between arrest probabilities for Black and White offenders and police organizational factors. Using data from the 2000 National Incident‐Based Reporting System (NIBRS), the 2000 Law Enforcement Management and Administrative Statistics (LEMAS), and the 2000 decennial Census, the present exploratory study employs multilevel modeling to examine the association between police organizational factors including the percentage of the police force that is Black and arrest probabilities for offenders involved in 19,099 aggravated assaults and 100,859 simple assaults across 105 small cities. Results show that for simple assaults, the relative size of the Black police force is associated with the risk of arrest for both Black and White offenders. Furthermore, departments with relatively more Black police officers are found to have the largest gap in the arrest probabilities for White and Black offenders, although Whites are more likely to be arrested for assaults than Blacks, regardless of the racial composition of the police. Results also show those departments with more written policy directives, relatively larger administrative component, a higher educational‐level requirement, and centralized police departments have the highest arrest probabilities. Implications of these findings and recommendations for further research are discussed.     

Alcohol problems and the differentiation of partner, stranger, and general violence

To explore the relationship between alcohol problems and physical violence with partners and strangers, 457 college men and 958 college women with low, intermediate, or high scores on the Short Michigan Alcohol Screening Test reported conflict tactics on the Conflict Tactics Scale in the past year to and by partners and strangers. More men than women had high alcohol problems scores. Men with alcohol problems were more likely than other men to commit violence toward strangers or to partners and strangers. However, men with alcohol problems were not more likely than other men to commit violence toward partners only. Among women, alcohol problems had little relationship to committing violence or being the victim of violence.     

Judges,juries, and the decision to convict

The bureaucratic context of criminal prosecution emphasizes efficiency; its legal context emphasizes due process and procedural fairness. This paper focuses on the trial stage of prosecution where both concerns are central. It empirically examines the bench trial, an alternative to the more commonly used plea of guilty and the more traditional trial by jury. A comparison between trial by judge and trial by jury reveals striking differences in determinations of guilt. These differences have implications for commonly held assumptions about both jury and judicial behavior.     

Thinking the law with and against Luhmann,Legendre, Agamben

After the failure of all enterprises in legal ontology, and after the success of all enterprises in legal system internal theodicy, the field of legal theory is now open to receive a range of more complex, less universalist, less politicised, but also more personally shaped, more fragile suggestions. My article focusses on three such ways of dealing with the law question: the work of Pierre Legendre, a French psychoanalyst and specialist of the history of administrative law and Christian religion, the work of Niklas Luhmann, the recently deceased founder of a new German schoolof sociological systems theory, and that of Giorgio Agamben, an Italian philosopher whose re-opening of the discussion on the Benjaminian notion of bare life and its relationship to law has provoked worldwide attention. This revised version was published online in July 2006 with corrections to the Cover Date.