The Criminological Enterprise in Europe and the United States: A Contextual Exploration

European criminology obviously means more than simply the collaborative efforts (on drugs, restorative justice, youth gangs) between researchers and scholars from Europe. In this essay, the author compares and contrasts American criminology with criminology in Europe (as it exists in individual countries), without aiming for the essence of European criminology. She points to differences between the US and Europe with regard to the criminological enterprise (such as history, scale, degree of institutionalisation, accessibility, diversity in theory and method, the critical and self-reflexive stance, and focal research questions), and to the differences in doing science, doing justice, and doing crime. American criminology is a powerful influence in Europe, although there may be a tendency to overestimate the importance of American criminology, because of the dominance of English-language publications. American criminology has made many positive contributions to the field of the study of law, crime and social control, and it continues to do so. However, if one defines the essence of American criminology as being policy-oriented, methodologically-driven, and lacking theoretical lustre, diversity, and critical edge, then the fear of Americanisation of European criminology is well-placed. It is not the criminological enterprise of the US per se, but rather the notion of Americanisation which is really at issue here.     

美国刑事司法统计制度概述

刑事司法统计制度(System of Criminal Justice Statistics)是预防犯罪与刑事司法领域中数据收集、统计分析和发布出版以及统计机构方面各种制度的总称。通过刑事司法统计获得的数据资料通常是一个国家研究和评估其犯罪趋势、制定和完善预防犯罪与刑事司法政策的重要依据。一、     

略论新中国刑法50年的发展与完善

中华人民共和国建国50年来,随着国家的发展,我国法制建设也走过了50年的发展历程.我在国家最高立法机关从事刑事立法工作三十多年,很愿意对我国刑法50年发展完善的历程予以回顾. 一、我国刑事立法发展历程之概览 新中国的刑法典从无到有,从不完备到比较完备,经历了一个长期的、曲折的发展过程.     

Criminal justice education in the United States: A profile

Various commissions from the Wickersham (1931) to the National Advisory Commission on Higher Education for Police (1978) have called for the upgrading of police educational levels. Junior colleges, colleges and universities have responded by creating a plethora of educational programs. However, currently, little is known about the nature, form, or practice of criminal justice education in the United States. In attempting to fill this void, data from the Law Enforcement Education Program (LEEP) are presented concerning the number of students, criminal justice majors, and degrees awarded as well as institutional control, location, and type. These previously unpublished data are presented in a primary form (frequency distributions and cross-tabulations) to allow the reader to draw conclusions about the nature and scope of criminal justice education. Brief interpretations, however, are provided.     

The New Code of Criminal Procedure in the People's Republic of China: Protection,Problems, and Predictions

This paper is a “nuts and bolts” look at criminal procedure in China as outlined by Chinese and Western scholars, the Chinese code of criminal procedure, and my own observations in the People's Republic of China. China has finally formalized, at least to some degree, its criminal justice procedures and protections after years of ad hoc procedures. Also, along with codifications of criminal procedures, the Chinese are making greater use of defense attorneys, and trying to work out their version of “presumption of innocence.” Finally, the Chinese are grappling with these new rules and procedures, attempting to develop a fair and consistent system of criminal procedure that sometimes still gives way to political expedience.     

我国刑法的新发展

1997年刑法颁行20年来,国家立法机关历次修正刑法,使我国刑法在减少死刑、调整刑罚结构、及时修改补充罪刑规定和不断完善刑法立法技术等方面发展显著、成绩斐然。20年来,我国刑法修改体现出鲜明的时代特征和注重立法创新的主要特点,其立法经验主要是坚持正确的立法方向、坚持从国情出发、以问题为导向。     

Neighborhood and the Police: The People's Republic of China

The neighborhood police station of the People's Republic of China is examined as a form of self-policing. It is an expression of the PRC ideology that is not to be extrapolated directly to the circumstances of Western policing, but the neighborhood police station does illustrate the tendency of law enforcement to emphasize the vertical axis of the community that advances the interests of external power over service to the needs of the neighborhood as conceived by the residents. This conclusion is given substance by analysis of the neighborhood police station's functions in household registration and relationships with public security committees.     

中华人民共和国人民调解法

第一章总则 第一条为了完善人民调解制度,规范人民调解活动,及时解决民间纠纷,维护社会和谐稳定,根据宪法,制定本法。     

《中华人民共和国反垄断法》析评

我国反垄断法规定了禁止垄断协议、禁止滥用市场支配地位、控制经营者集中、反对行政垄断等制度。我国经济体制转型尚未彻底完成,反垄断法也存在很多不足,反垄断执法初期在立法目的、执法机关、反对行政垄断、处理反垄断执法与行业监管的关系方面会遇到严峻挑战。颁布反垄断法只是反垄断立法的第一步。     

略论我国第一个《刑法修正案》

笔者认为,《刑法修正案》不属于单行刑法,用“修正案”的形式补充修改刑法具有灵活性、便于适用性,能保持刑法统一等优点,但是我国第一个《刑法修正案》在立法技巧上仍不当地沿用了以往单行刑法的模式。     

A Status Report on Undergraduate Courses in Comparative Criminal Justice Offered at Colleges and Universities in the United States

During 1980–81, the Sub-Committee on Undergraduate Curriculum of the Committee on International Criminal Justice of the Academy of Criminal Justice Sciences (of which I was the chair) distributed a questionnaire to criminal justice programs at universities, colleges, and community colleges in the United States. The purpose of this questionnaire was to assess current and future interests in offering undergraduate courses of comparative criminal justice and criminology. A number of impressions were gleaned from the information collected in this survey. They are presented here in the form of a Report that should be of interest to all who participate in comparative criminal justice education.     

迈向实践:反思当代中国刑事诉讼知识体系

当代中国刑事诉讼知识体系呈现出四大特征:首先知识内容过度理想化。其次,而这一点与提供知识的生产者主要是法学家密切相关。再次,这必然会导致研究方法从"元理论"作为研究的出发点,并以演绎方法推演出具体的刑事诉讼制度、规则,从而构建的刑事诉讼知识有一种自治性、系统性特点。最后,如此背景下的知识必然是功利的、实用主义的。中国刑事诉讼知识的这些特征与中国刑事诉讼研究带有强烈的非实践性和意识形态性有着密切关系。要突破现有知识格局,则必须调整现有的研究方法和视野,亦即:首先,需要包括实务者和法学家在内的多元知识提供者;其次,研究方法要关注实践,注重归纳、经验与实证,同时保持一种开放的、多元的心态,建立一种可争论、可反驳的刑事诉讼理论。再次,在生产目的上要求理论与实务并重,在内容上要求以本土中国为关注语境,从而构建中国刑事诉讼理论。     

寒山诗在美国的传布与接受

寒山诗在美国的传布与接受从诗人加里.斯奈德的寒山译诗开始,到著名比较文学学者白芝《中国文学选集》和其它多种文学选集的争相收录,再到全译本的面世以及在美国伯克利地区的"诗歌道"留名,走过了一个最富传奇色彩的经典建构历程。     

Criminal Justice Contact,Stressors, and Depressive Symptoms Among Black Adults in the United States

Criminal justice contact—defined as lifetime arrest, parole, or incarceration is associated with higher odds of experiencing depressive symptoms. Findings from this study suggest that there is a mechanism that links family, neighborhood, and financial stressors among Black adults with criminal justice contact to depressive symptoms. Using the National Survey of American Life (NSAL), modified poisson regression analyses were used to determine the association between criminal justice contact, stressors, and depressive symptoms among a national sample of Black adults (n = 3570). In the full model, the odds of experiencing depressive symptoms for Black adults who had criminal justice contact was reduced (PR: 1.14 to PR: 1.07). Black adults who reported experiencing family stressors (PR: 1.10, 95% CI: 1.06, 1.16), neighborhood stressors (PR: 1.09, 95% CI: 1.04, 1.13), and financial stressors (PR: 1.13, 95% CI: 1.06, 1.19) were statistically significant and higher than those who reported not experiencing any of these stressors. Stressors partially mediates the relationship between criminal justice contact and depressive symptoms (OR: 1.05, Bias-corrected 95% CI: 1.04, 1.07); causing the effect of criminal justice contact to reduce to 1.06, leaving a significant indirect effect of 1.05. The total effect is 1.93 times larger than the direct effect, and 48.3% of the total effect is due to stressors. These findings emphasize the need to further explore the family, neighborhood, and financial stressors for Black adults with criminal justice contact in order to further our understanding of their depressive symptoms.     

Incarceration in The People's Republic of China: Functions and Implications

This paper delineates the place and functions of incarceration in the People's Republic of China. The comparative research on the topic will be particularly promising because those functions are grounded in a unique macro-control system framed to promote concurrently, first, the mobilization of the Chinese people in building a strong socialist society and, second, the management of broadly defined deviance. Observation of three correctional institutions is used to lend substance to the analysis. Because of the great difficulties to be overcome before valid comparative research can be accomplished, the paper is limited to justifying advocacy of future research on the implications of incarceration patterns in the People's Republic.     

Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

Criminal justice curricula in the United States: A decade of change

This research on criminal justice programs and curricula in 1999–2000 is a follow-up to Southerland's study of baccalaureate programs in 1988–89, published in the Spring 1991 issue of the Journal of Criminal Justice Education. A national overview and regional differences are presented. Positive and negative changes are highlighted, and recommendations for improvement are included. The findings are evaluated in light of the ACJS Minimum Standards for Criminal Justice Education and the broader context of general trends in higher education.