大陆与台湾诬告陷害罪之立法的比较研究

诬告陷害罪是一种古老的犯罪,在历史上,许多国家和地区都将之视为犯罪并予以处罚。我国大陆和台湾地区也十分注重惩治诬告陷害罪,都分别在其现行刑法与现行“刑法”中明文对之予以禁止。撇开两地间意识形态的差异不谈,单就其各自的刑法与“刑法”对诬告陷害罪之规定本身而言,…….     

计算机立法问题与对策

计算机犯罪是伴随着现代科技发展而产生的,具有智能性高、隐蔽性强、危害性大等特点。本文对计算机犯罪的概念进行界定,指出了计算机犯罪特征和对传统刑法理论的冲击,并结合我国刑法相关规定,提出了进一步完善对计算机犯罪立法的几点建议。     

关于设立逃避债务罪的立法构想

债务人有能力履行债务而拒不履行的行为屡有发生。对该行为应否犯罪化和怎样犯罪化 ,尚未有人探讨。本文论证了设立逃避债务罪的必要性 ;并从该行为的严重社会危害性不亚于侵占罪 ,对其不设立独立的罪名而无法以其他罪论处 ,外国刑法和我国台湾地区“刑法”的规定可资借鉴等三个方面论证了设立该罪的理论根据 ;进而探讨了该罪的概念、构成条件和法定刑的配置     

Sex crime legislation: Proactive and anti-therapeutic effects

Therapeutic jurisprudence may have its major role within law practice, but analysis of the law from a therapeutic perspective is a task that should not be neglected; how a piece of legislation is designed and formulated certainly influences the therapeutic outcome of a legal process. This article uses sex legislation as an example to demonstrate how the old rape law based on coercion has anti-therapeutic effects on rape victims. If the law requires resistance, it implies that a woman is sexually available until she resists physically, resulting in an attitude that a woman reporting rape without injuries should be mistrusted. This mistrust of the victim and the victim's attendant feelings of self-blame aggravate the victim's trauma. On the other hand, a modern rape law based on lack of consent gives the signal that a woman is not available until she has given her consent, resulting in a different starting position for the investigation. Since the will of the victim must be respected, the victim herself must be respected in the legal process. Furthermore, being able to tell one's story in a respectful atmosphere can be more important for the well-being of the victim than the outcome of the reported case.     

The effect of three-strikes legislation on serious crime in California

Using county-level data from California for the years 1989-2000, this study explored the effect of three-strikes legislation on serious crime. It improved on most previous research in this area by controlling for how often prosecutors charged offenders under the three-strikes statute. Preliminary findings suggested that larceny was reduced by way of deterrence resulting from three-strikes and that all index crimes were reduced by way of incapacitation. Once county-specific trends were controlled for, however, the deterrent and incapacitative effects of three-strikes legislation disappeared altogether.     

Corporate crime and the Canadian state: Anti-combines legislation, 1945–1986

This paper analyses post-war (1945–1986) anti-combines enforcement in Canada in the light of major competing theoretical models of the state in capitalist economies. Such an analysis serves as a framework for the clarification of issues pertaining to the debate on the state in advanced capitalism, the outcome of which may permit certain postulates concerning state-corporate relations in Canada. A narrative history of the nature and development of the Canadian economy informed by Canadian political economists will be presented, followed by a brief review of the history of anti-combines legislation and its enforcement up to 1945. Data will then be introduced enabling analysis in greater detail of post-war enforcement.     

Reducing crime through prevention not incarceration

This policy essay by William J. Bratton, former Commissioner of the NYPD and Chief of LAPD, provides a useful overview of the key issues involved in determining how to address crime and provides an interesting research agenda for exploring the potential impact of options that favor policing and reduce reliance on incarceration. Changing the current focus from one that presumes that increased incarceration results in crime reduction to one that works to prevent crime requires a paradigm shift of major proportions. It is worthy of consideration.     

Identifying the scene of a crime through pollen analysis

The forensic analysis of pollen involves the comparison of crime scene and reference pollen samples. Successful matches are frequently used to solve time- or location-related crimes. Despite its prospects in criminal investigation, forensic palynology is still underused in casework due to inherent shortcomings such as its limited evidential weighting, scarcity of skilled palynologists dedicated to forensic casework and the laborious nature of analytical procedures. To address these challenges, the current state-of-the-art in forensic palynology is transiting from the traditional light microscopic methods that dominated the early days of palynology to more contemporary approaches like Raman spectroscopy, stable isotope analysis and DNA metabarcoding. The major challenges of these methods, however, include a lack of optimisation to forensic expectations and the unavailability of robust databases to permit accurate data interpretation, and quests to resolve these problems constitute the theme of current research. While reiterating the usefulness of pollen analysis in criminal investigation, this report recommends orthogonal testing as a way of improving the evidential weighting of forensic palynology.     

组织他人偷越国(边)境罪立法规定的反思

对于我国现行《刑法》第 3 1 8条 (即组织他人偷越国〈边〉境罪 )第 1款的部分规定 ,笔者认为在罪数形态方面值得商榷 ,建议立法机关今后在立法修正时予以关注 ,以确保罪责相适应原则的贯彻 ,使我国刑法典的内部逻辑结构更趋科学合理。     

(Non-)complexity through the eyes of MiFID

The European Commission recently published legislative proposals to reform the Markets In Financial Instruments Directive (MiFID). This note elaborates on the proposed shift in classification of “structured Undertakings for Collective Investment in Transferable Securities (UCITS)”. While MiFID I labeled all UCITS “non-complex”, MiFID II deems all structured UCITS “complex”. We propose a logical and consistent framework to refine this dichotomy and identify a limited number of product types amongst the various kinds of structured investments. The classification is traceable, comprehensible and is proposed as the basis of a “complexity indicator” that surpasses the current generalisation.     

Federal criminal justice legislation and the post-World War II social structure of accumulation in the United States

This article explores the relationship between the political economy and the criminal justice system through an analysis of the impact of long economic cycles in the social structure of accumulation on U.S. federal criminal justice legislation from 1948 to 1987. An analysis is conducted which compares both qualitative and quantitative changes in these legislative acts from the period of economic expansion (1948 to 1967) to the period of contraction (1968 to 1987). The research findings of this investigation indicate that mechanisms of social control intensify during periods of prolonged economic contraction; however, the concept of an exceptional state, with a proportional increase in more coercive crime control strategies, is somewhat challenged.Earlier versions of this paper were presented at meetings of the American Society of Criminology (1988, 1989, 1990).     

论完善我国袭警犯罪刑事立法的必要性和可行性

近年来,暴力袭击和威胁执法民警的犯罪现象屡有发生,而非暴力侵害执法民警的违法行为,如拒绝、阻碍依法执行职务,侮辱、诽谤民警以及举报失实等更是层出不穷。立法滞后已经成为滋长社会不法势力和不法分子嚣张气馅的重要根源。由此我们发现,完善我国袭警犯罪刑事立法已时不我待。一、完善我国袭警犯罪刑事立法的必要性与当今界各主要国家的刑事立法进行比较,我们可以发现立法的严重滞后是滋长不法分子嚣张气馅,使不法分子产生抗拒人民警察依法执行职务心理,实施侵犯民警正当执法权益行为的主要原因。在我国,与袭警犯罪相对应的刑法罪名主要…     

The reduction of violent crime through economic equality for women

Normally we do not link the reduction of violent crime with equal rights for women, this paper traces such a linkage. Central to the logic of this argument is that the distribution of the frequency of violent crime is often described by a bimodal curve which supposedly distinguishes between minor, unimportant offenders and a distinct group of serious offenders: the target for many policies being the latter. In fact, this bimodal distribution does not exist; therefore, policies based on it will be fruitless. The larger group of minor offenders is basically ignored. The distribution of violence is better described as a continuous skewed curve which retains its shape. Thus, an effective policy to reduce violence would have to shift the entire curve to the left. Reducing the more numerous acts of lesser violence rather than concentrating on the rarer cases of extreme violence would be more effective. Since much violence is nurtured in family settings, policies that decrease stress in family settings would have a meaningful impact on future violence. Stress could be reduced with greater economic equality for women, making it possible for them to leave potentially violent domestic settings. In the long term this would have an impact on violent crime.     

Validating crime prevention through environmental design construct through checklist using structural equation modelling

To date, there has been limited empirical exploration of Crime Prevention Through Environmental Design (CPTED) measures to appraise their efficiency. The intention of the present study is to validate CPTED dimensions and its respective indicators developed to measure the CPTED construct. This construct is measured using four main dimensions, namely natural surveillance, access control, territoriality and exterior maintenance. The aim of this study is to identify factors that contribute in measuring the CPTED construct. The scale was administered by using on-site observation of a sample of 164 respondents in a typical residential area in Penang, Malaysia. The validation is carried out by employing the Confirmatory Factor Analysis using AMOS. The analysis was conducted by testing the higher order dimensionality of the CFA driven first-order solution by examining a second-order model. The final CPTED construct consists of four main dimensions with its respective indicators.