牟利型投诉举报行为的刑事规制

行为人无中生有编造生产者、经营者的违法事实,其后又通过投诉举报的形式威胁生产者、经营者以获取不当利益,或是在权利受损的情况下,以投诉、举报为要挟获取不当利益,属于典型的牟利型投诉举报行为。牟利型投诉举报行为实质上属于权利滥用,干扰正常市场经济秩序。牟利型投诉举报行为具有复杂性,可类型化区分为无基础权利和有基础权利的牟利型投诉举报行为。牟利型投诉举报行为在刑法意义上具有法益侵害性和规范违法性,应受刑罚处罚,但同时刑法介入应适度合理,遵循罪刑法定原则、恪守第二次法立场以及严格证据裁判规则。无基础权利的牟利型投诉举报行为,因其以胁迫性手段并引起被害人恐惧进而交付财产,符合敲诈勒索罪构成要件;对有基础权利的过度维权行为,应当综合考量案件事实要素,严格限缩犯罪的成立。     

Religious Motivated Hate Crimes: Reporting to Law Enforcement and Case Outcomes

Relative to non-bias motivated crimes, hate crimes have much graver consequences for victims and their community. Despite the large increase in religious hate crimes over the past decade relative to all other hate crime, little is known about these types of crimes and the factors associated with both reporting to law enforcement and case outcomes. Utilizing the National Crime Victimization Survey and National Incident-Based Reporting System datasets, this study examines the relationship between victim, offender, and incident characteristics on reporting to law enforcement and case outcomes. Most religious hate crimes are not reported (41.3 %) in part due to perceptions of law enforcement’s perceived response. Of the violent incidents that are reported, the vast majority do not result in the arrest of an offender (22.2 %). Whereas only a small number of variables related to the seriousness of the offense are associated with both reporting and arrest, these exhibited large effect sizes.     

Reporting Verbs in Court Judgments of the Common Law System: A Corpus-Based Study

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Professionals in various disciplines adopt significantly different lexicons to report their...     

Reporting on financial derivatives –A Law and Economics perspective

Fearing Enron-like financial fiascos concerning derivatives, accounting standards boards have issued new standards aimed at promoting higher transparency and reducing information asymmetries. After persistent reluctance, and despite significant criticism, the pertinent International standard, with some exceptions, was finally adopted by the E.U., for the sake of intra-European and cross-Atlantic accounting harmonization, for which the standard constituted sine-qua-non. These reluctance and criticism are not unfounded, as the standards might paradoxically result in increased information asymmetries, not easily mitigated by additional disclosure, and ultimately resulting in distortion of capital allocation and corporate governance mechanisms. Suggestions for more efficient solutions are outlined herein. JEL Classification G34 · M40     

论涉法涉诉信访治理的法治化

当前我国涉法涉诉信访总量巨大,且非正常访较多,加上信访机关常处置不当,使得涉法涉诉信访活动对公民"维权"与社会"维稳"都产生了负面影响。在全面推进依法治国的背景下,涉诉涉法信访困境之出路在于法治化,而其法治化的前提是"诉"、"访"分离。关键点为以下四个方面:改革信访工作机制;进一步提高执法司法公信力;依法维护涉法涉诉信访秩序;加强和改进依法处理涉法涉诉信访问题的组织领导。     

Let the Reporting Begin: USEPA's Mandatory Greenhouse Gas Reporting Rule

On September 22, 2009, the U.S. Environmental Protection Agency issued its Mandatory Greenhouse Gas (GHG) Reporting Rule, which will require over 10,000 U.S. facilities to report their GHG emissions annually. The Rule generally applies to facilities that emit more than 25,000 metric tons of carbon dioxide equivalent (mtCO₂e) or more per year, although some sources with lower emissions in specific sectors of the economy will also be subject. Recordkeeping and reporting requirements are significant and will warrant processes to ensure a consistent, defensible approach. The article discusses the background, purpose, and organization of the Rule; applicability, emissions accounting, reporting, recordkeeping, and emission verification; and presents a potential implementation plan.     

When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement

Although most women abused by intimate partners experience a patterned behavior of abuse (by either the same or new partners), little is known about their decision making regarding whether to call the police for subsequent abuse. The current study found that 90 percent of women who had encountered the criminal legal system for previous intimate partner abuse victimizations did not contact the police for some or all recurrences. Qualitative analysis was conducted among a sample of 102 women regarding their reasons for not re-engaging the legal system for subsequent victimizations. The results suggested 5 overall reasons as to why women involved with the criminal legal system choose not to engage the system again.     

Reporting of highly individual genetic typing results: a practical approach.

This paper considers the interpretation of serological typing data as a problem in forensic science, as opposed to a problem in population genetics or statistics. Controversies arising in this area are partly due to an overly narrow perspective that ignores basic forensic science principles. After an initial discussion of the special problem that deoxyribonucleic acid (DNA) blood typing poses to forensic science, the three difficulties common to all the proposed interpretive methods are discussed. These are: predicting genotype incidence from allele frequencies, predicting frequencies for the joint occurrence of genotypes in a number of different genetic marker systems, and determining the appropriate population to use to measure the frequencies. The inability to test assumptions that are inherent in our routine methods is noted. This is a procedural weakness that unnecessarily limits the admissibility of DNA typing evidence in court. A practical solution to this problem is offered that begins with minimal assumptions. Initially a statement is made based on (1) how many reference samples the laboratory has typed and (2) how many of these samples show genotypes corresponding to the case samples. The second stage of the presentation begins with a statement that additional assumptions are necessary to fully interpret the evidence and that although these assumptions are scientifically very reasonable, they cannot be absolutely proven. The presentation can then proceed, if desired, to consideration of the specific assumptions and frequency estimates of any of the methods that have been proposed to date. To follow this approach population data must be kept in a form that allows the simple first-stage statement to be made. This means that each individual's record would include typing results in each genetic marker system. Although this method of data storage differs from that used in most forensic science laboratories, it is exceptionally versatile, and allows great flexibility in data analysis.     

政府在信访工作中践行法治思维的探讨

信访工作中既要防止消极的拒民思维，又要防止过度的迁就思维，因为二者均为“人治”的思维方式。本文认为，信访工作中的法治思维是指：政府要从消极被动的守法者转变为积极主动的用法者；对于信访者的诉求要坚持法律的底线：政府要有作为诉讼主体进行依法维权的思维。政府在信访工作中践行法治思维的条件是：领导重视、经济发展、严格执行考核机制、信访干部职业化。此外。政府信访工作中践行法治思维还应处理好与治理思维的关系。     

证据法学的启蒙——吉尔伯特的证据法思想

在证据法学学术史上,吉尔伯特对于该学科的独立有着原创性的贡献,他在经验哲学基础上建立的证据法学体系,也是英美证据法的发端.在知识社会学背景下考察,吉尔波特的思想是与当时的科学自然主义和诉讼制度的变迁相联系的,因此他的理论既有开拓性的一面,但也存在着时代的局限性.这对于我们反思英美证据法的理论基础以及理性面对中国证据立法和证据法学研究,都有着重要的启迪意义.     

证据法学的启蒙——吉尔伯特的证据法思想

在证据法学学术史上,吉尔伯特对于该学科的独立有着原创性的贡献,他在经验哲学基础上建立的证据法学体系,也是英美证据法的发端.在知识社会学背景下考察,吉尔波特的思想是与当时的科学自然主义和诉讼制度的变迁相联系的,因此他的理论既有开拓性的一面,但也存在着时代的局限性.这对于我们反思英美证据法的理论基础以及理性面对中国证据立法和证据法学研究,都有着重要的启迪意义.     

美国专利法中的不正当行为问题

不正当行为在美国专利侵权诉讼中通常被用来作为抗辩理由.根据美国专利法,所有与专利申请的起草和审查直接相关的人员,都有义务向美国专利与商标局披露与专利授权相关的重要信息.因此,若法院判定有关人员存在实质性失实陈述或疏漏行为,并有欺诈美国专利与商标局之意图,构成不正当行为,则该专利将被认定为全部无效.     

Older African American Women and Barriers to Reporting Domestic Violence to Law Enforcement in the Rural Deep South

Victims of domestic violence are legally entitled to police protection, but multiple barriers exist in contacting law enforcement. In this study, we used Federal Bureau of Investigation data, key informant interviews, and focus groups to examine barriers to reporting domestic violence among older African American women in the rural Deep South. Three primary barriers were identified: gender roles, age dependency, and mistrust of law enforcement. The main finding was that reports of domestic violence were deterred by fears of being stigmatized by church, family, and community. The one compelling and feasible resolution is for law enforcement to take a leadership role in educating clergy and other community leaders about domestic violence as a crime against older women.