金融犯罪案件的特点及防范对策

近年来,金融类犯罪案件高发,新型金融犯罪案件层出不穷,严重危害金融管理秩序以及金融交易安全。文章通过对金融犯罪案件的主要特点、案发原因的分析,提出遏制和防范金融犯罪、维护金融安全的对策。     

《监狱学导论》思路、结构和特色

大学教科书《监狱学导论》全书划分为六编,强调独特性或者独创性的内容。在写作本书的过程中,特别重视对于监狱学基本知识的论述。在论述很多内容时,不仅描述“是什么”,还着意论述“为什么”,而“为什么”的内容往往体现出较为突出的理论色彩。监狱的三大有形构成要素是监狱设施、监狱工作者和被监禁的罪犯。在这三大有形构成要素中,最关键、最重要的有形构成要素是监狱工作者。在理论构建上,提出了“犯因性差异理论”。     

Research on African Women since 1972: A Commentary

This article discusses several problematic aspects of the call for reparations to Africa for the slave trade. The call for reparations is based on questionable interpretations of international law, and questionable interpretations of history. There are debates regarding both the numbers of slaves, and the characteristics of slavery, in the Americas, the Arab world, and Africa itself, which influence consideration of whether reparations are justified. There are also debates regarding both the contribution of the trans-Atlantic slave trade to Western development, and how the trade under-developed Africa. Thus, the call for reparations is heavily based on a counterfactual approach. Nevertheless, serious discussion of whether the West owes reparations to Africa for the slave trade might deflect the future consequences of political resentment of the West in Africa.     

关于追缴犯罪所得的国际司法合作问题研究

作者根据我国目前在追缴犯罪所得方面国际司法合作的实践,列举了五个急需通过国内立法或者国际协议加以解决的问题,即:⑴如何根据外国的刑事司法协助请求对银行帐户资金实行扣划或者对有关的不动产实行处置;⑵如何在有关的追缴和返还合作中切实保护善意第三人和潜在权利人的合法权益;⑶如何在案犯外逃的情况下决定对属于犯罪所得的财产予以追缴和没收;⑷如何合理确定追缴程序中的举证责任;⑸如何处理发生在追缴合作中的费用补偿和收益分享问题。文章对外国的有关法律制度以及国际条约的相关规定进行了介绍和比较研究,在此基础上,就上述问题的解决提出如下建议:完善我国刑事诉讼中对赃款赃物的“简易处置”制度,增加配套的法院裁决程序;在我国建立承认与执行外国刑事罚没裁决的司法审查制度;在特定情况下将附带民事诉讼程序前移,并在条件成熟时设立独立的财产没收程序;变通现行的证据制度,要求特定案件中的财物持有人或者关系人承担关于合法来源或者善意享有的证明责任;本着互惠和务实的精神处理被追缴财物的国际分享问题,建立专门的基金组织将分享的资金转换为开展有关国际合作的资源。     

Somaliland's post-war reconstruction: Rubble to rebuilding

ABSTRACT

This study captures the momentum of Somaliland's national reconciliation nationstate-rebuilding phase as it drives a reconstruction process involving the demobilisation of militias; internal state institutional reconstruction focusing on the House of Elders and the House of Representatives; the international dimensions of reconstruction involving humanitarian aid and developmental assistance; private reconstruction initiatives interacting with the development of a monetary exchange process and the participation of the Somaliland diaspora; and the role of women as the backbone of the Somaliland economy, and how all of these social components of nation-state building are framed constitutionally in the crafting of a multi-party democracy with northern Somali characteristics. However, the broader context in which these reconstructive dynamics unfold is conditioned by the emergence of militant expressions of political Islam within and outside the Somali coast in and around the Red Sea ‘Afrabian’ transregion and the Persian Gulf.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.     

Social network analysis and counterinsurgency: a counterproductive strategy?

Social network analysis has been adopted by a number of governments in their counterinsurgency campaigns. By using network analysis, security agencies claim they can render militant groups impotent by targeting ‘nodal points’ or key links in insurgent networks. The article makes three arguments on the potentially counterproductive nature of social network analysis-assisted counterinsurgency campaigns. Firstly, social network analysis may be ‘too successful’ in stripping militant movements of a cadre who could negotiate a peace accord. Secondly, social network analysis-assisted campaigns fail to address the root causes of violent conflict. Thirdly, by denuding communities of social capital and social entrepreneurs, social network analysis – as a counterinsurgency tool – may condemn communities to underdevelopment and failed post-war reconstruction. In short, the ‘magic weapon’ of social network analysis might actually prolong the conflict it is supposed to help quell. The article employs the government of Sri Lanka's social network analysis-assisted counterinsurgency campaign as a case study, though it also has application to other cases. It concludes by considering if social network analysis can be put to more constructive uses, specifically in the rebuilding of communities after violent conflict.     

EGOHOODS AS WAVES WASHING ACROSS THE CITY: A NEW MEASURE OF “NEIGHBORHOODS”

Defining “neighborhoods” is a bedeviling challenge faced by all studies of neighborhood effects and ecological models of social processes. Although scholars frequently lament the inadequacies of the various existing definitions of “neighborhood,” we argue that previous strategies relying on nonoverlapping boundaries such as block groups and tracts are fundamentally flawed. The approach taken here instead builds on insights of the mental mapping literature, the social networks literature, the daily activities pattern literature, and the travel to crime literature to propose a new definition of neighborhoods: egohoods. These egohoods are conceptualized as waves washing across the surface of cities, as opposed to independent units with nonoverlapping boundaries. This approach is illustrated using crime data from nine cities: Buffalo, Chicago, Cincinnati, Cleveland, Dallas, Los Angeles, Sacramento, St. Louis, and Tucson. The results show that measures aggregated to our egohoods explain more of the variation in crime across the social environment than do models with measures aggregated to block groups or tracts. The results also suggest that measuring inequality in egohoods provides dramatically stronger positive effects on crime rates than when using the nonoverlapping boundary approach, highlighting the important new insights that can be obtained by using our egohood approach.     

The Spatial Distribution of Postblast RDX Residue: Forensic Implications

Locating exactly where trace explosive residue samples should be sought during sample collection at bomb scenes is not specified in the published literature or guidelines; in this area, it is generally acknowledged that forensic practices are based on tradition rather than evidence. This study investigated patterns in the spatial distribution of postblast 1,3,5‐trinitro‐1,3,5‐triazocyclohexane residue from a series of unconfined detonations, over a range of sampling sites, and at two different detonation heights. The amount of residue recovered from the sites decreased as a function of distance from the center of the explosion. [Correction added after online publication 27 December 2012: In the preceding sentence, “increased” was corrected to “decreased” to agree with the conclusion of the article.] As the height of the detonations increased, more residues were found from all sampling sites. The findings of this empirical study have a number of important practical implications including determining where residue samples are best sought at crime scenes.     

HIGH TIMES FOR HATE CRIMES: EXPLAINING THE TEMPORAL CLUSTERING OF HATE‐MOTIVATED OFFENDING

This research explains the temporal clustering of hate crimes. It is hypothesized that many hate crimes are retaliatory in nature and tend to increase, sometimes dramatically, in the aftermath of an antecedent event that results in one group harboring a grievance against another. Three types of events are used to test and refine the argument: 1) contentious criminal trials involving interracial crimes, 2) lethal terrorist attacks, and 3) appellate court decisions concerning same‐sex marriage. The results from time‐series analyses indicate that contentious trial verdicts and lethal domestic terrorist attacks precede spikes in racially or religiously motivated hate crimes, whereas less evidence is found for antigay hate crimes after appellate court rulings that grant rights to same‐sex partners. The model put forth in this article complements prior work by explaining in part the timing of hate crime clusters.