试论侦防网络犯罪的层级模式

网络犯罪越来越危及到国家与社会的安全，在侦防模式上也要不断地升级，由传统侦测模式向ISP协助模式、网络监听模式和国际合作模式转变，实现网络社会的和谐与安全。根据客观现实的需要，ISP通常协助的方式主要有：过滤或删除信息、举报和存储证据、协助网络监听、搜索和扣押以及协助作证；关于网络监听的问题。世界范围内都存在激烈争论，集中体现为保障个人隐私与防止高科技犯罪的冲突与矛盾上；目前国际合作模式还需要逐步拓展合作的半径。     

Voting in the United Nations security council

Recently, both within and outside of the U.N. there have been serious debates on certain proposals which are aimed at changing the voting structure of the Security Council. However, neither the proponents nor the opponents of these proposals provide any evidence whatsoever about consequences of the change. This paper has dealt with two critical areas: 1) the role of the veto in the functioning of the U.N. is analyzed and articulated and 2) recent proposals to change the voting structure of the Council are analyzed and their theoretical consequences are identified.     

“It's Just an Image,Right?”: Practitioners’ Understanding of Child Sexual Abuse Images Online and Effects on Victims

Child sexual abuse images online (CSAIO) present new and daunting challenges for practitioners working in the field of child sexual abuse (CSA). Current understanding of the phenomenon is severely limited due to a lack of theoretical and empirical research in the area. This article reports findings from a study that examined practitioners’ experiences with, and views of, CSAIO. Participants differed in how they conceptualized what constituted online CSA images and held varying degrees of concern regarding the potential effects of CSAIO on the child. Some practitioners were uncertain about whether child victims of CSAIO experience particular effects different from or over and above those caused by conventional (non-Internet related) CSA. A key finding was that most practitioners did not have a clear understanding of CSAIO. This article includes recommendations for future research regarding the implications of technology in the field of CSA.     

Welfare enhancing regulation exemptions

Sanctions for regulation violations are used to deter conduct which could potentially result in great social harms. This practice over-deters low-risk entities and under-deters high-risk entities, which leads to social losses. This paper analyzes whether and how such social losses can be mitigated. I show that this can be achieved by allowing regulatees to purchase passes exempting them from regulations at appropriate prices, although they remain liable for any harm they cause.     

网络电子证据取证技术综述

本文综述了网络电子证据的相关概念、特点、取证技术以及发展趋势。     

Cyber pornography in India and its implication on cyber café operators

Cyber pornography plays an accessory role in negative social issues such as child abuse, violence against women, rape, inequality, relationship and family breakdown, youth crime, promiscuity and sexually transmitted diseases. Cyberspace and the pornographic matter transmitted through it have created challenges for India’s antiquated laws. The lack of jurisdictional boundaries and the sheer volume of traffic that the Internet can handle, as well as the potential for anonymity have resulted in a complete lack of control over what appears on the Web at the click of a mouse button. Before there was no liability of a cyber café owner but with the introduction of the Information Technology Amendment Act, 2008, the responsibilities of Cyber Café owners have only increased. This paper deals with the Cyber pornography, its legal implications and the liability of cyber café owner under the Information Technology Amendment Act, 2008.     

Re-Examining the Functional Form of the Certainty Effect in Deterrence Theory

In this paper we explore the functional form of the risk-certainty effect for deterrence. Using a sample of serious youth offenders, we first estimate a simple linear model of the relationship between the perceived certainty of punishment and self-reported offending. Consistent with previous literature we find evidence of a moderate deterrent effect. We then examined whether, consistent with a linear model, the effect of perceived risk is truly constant at different ranges of the risk continuum. Estimating a nonparametric regression model that makes no a priori assumption about the functional form of the model but allows the data itself to yield the appropriate functional form, we found marked departures from linearity. Our examination showed evidence of both a tipping effect, whereby perceived risk deters only when it reaches a certain threshold (between an estimated risk of .3 and .4) and a substantially accelerated deterrent effect for individuals at the high end of the risk continuum. Perceived sanction threats did, however, have a non-trivial deterrent effect within the mid-range of risk. The implications of our findings for both theory and additional research are discussed.     

《气候变化框架公约》履行的环境法解释与方案选择

《气候变化框架公约》及其议定书是人类应对气候变化所制定的总体规划和实施细则,但是,由于其和其他环境法公约一样具有环境法的"软法"特质,一些《气候变化框架公约》的履行机制出现了许多值得探究的边白。以"震慑型"方案还是"激励型"方案为主,需要从《气候变化框架公约》的履行理论切入,深入剖析,对此两种方案进行理论、实证博弈分析,得出《气候变化框架公约》履行方案的应有选择,为今后其他国际环境条约的履行提供相关指导。     

PROACTIVE POLICING AND ROBBERY RATES ACROSS U.S. CITIES*

In recent years, criminologists, as well as journalists, have devoted considerable attention to the potential deterrent effect of what is sometimes referred to as “proactive” policing. This policing style entails the vigorous enforcement of laws against relatively minor offenses to prevent more serious crime. The current study examines the effect of proactive policing on robbery rates for a sample of large U.S. cities using an innovative measure developed by Sampson and Cohen (1988). We replicate their cross-sectional analyses using data from 2000 to 2003, which is a period that proactive policing is likely to have become more common than that of the original study—the early 1980s. We also extend their analyses by estimating a more comprehensive regression model that incorporates additional theoretically relevant predictors. Finally, we advance previous research in this area by using panel data, The cross-sectional analyses replicate prior findings of a negative relationship between proactive policing and robbery rates. In addition, our dynamic models suggest that proactive policing is endogenous to changes in robbery rates. When this feedback between robbery and proactive policing is eliminated, we find more evidence to support our finding that proactive policing reduces robbery rates.