危险犯分类质疑

在大陆法系刑法理论中,一般将危险犯分为具体危险犯与抽象危险犯、故意危险犯与过失危险犯、作为危险犯与不作为危险犯、自然人危险犯与单位危险犯等。但其中最基本的即是将危险犯分为具体危险犯与抽象危险犯。我国学术界也接受了这种分类,并已成为理论上之通说。但近年来也有学者对此种分类提出质疑,认为将危险犯分为具体与抽象二种是完全没有必要的,这种分类不仅在理论上难以成立,而且在实践上也出现很多弊端。     

Predictive Efficacy and the Preventive Detention of Dangerous Sexual Offenders: Contributions from Nonlinear Dynamical Systems Theory

Behavioral scientists are regularly summoned by the legal system to make predictions about the likelihood of future dangerous behavior (i.e., violence prediction/risk assessment). In recent years, such efforts have been subjected to considerable scrutiny as, despite the evolution of risk assessment instruments, social scientists have yet to demonstrate the ability to predict violence with a reasonable degree of accuracy. Yet concerns with predictive efficacy may be rooted in the limitations of prediction itself. Nonlinear dynamical systems theory (i.e., chaos theory) and quantum physics jointly paint a picture of human behavior as fundamentally unpredictable; in their light, we are asked to question whether future violence can ever be predicted with a tolerable level of error. In this article, I provisionally explore this very issue, particularly as it appears in the context of decisions concerning the disposition of criminal sexual offenders.     

Juvenile Sex Offenders: Differences between Group and Solo Offenders

We report on findings from a study into differences in personality and background characteristics between juvenile sex offenders who commit their sex offenses on their own and those who do so in a group. Solo offenders were found to score significantly higher on neuroticism, impulsivity and sensation seeking, but scored lower on sociability. In addition, the solo offenders in the sample were more often recidivists for sexual offenses, and were more often themselves a victim of a sexual offense. Solo offenders were significantly older than juveniles who had committed a sexual offense with a group. On the basis of these results we recommend differential treatment for the two types of offenders.     

土地承包经营权若干问题研究

我国土地承包经营权分为农地承包经营权和“四荒”地承包经营权。由于其在农业生产和农村生活中的地位不同,决定了法律保护的侧重点不同,其功能不同,法律适用也不同,因此,在案件的处理上,裁判思路也必然有所不同。土地承包经营合同不同于其它普通民事合同,体现了强度远远超越普通民事合同的国家干预色彩。将其置于一般民事纠纷的处理平台,用经典合同法理论予以考量至少是不完全准确和适当的。土地承包经营权纠纷的民法保护涉及违约请求权、侵权请求权和物权请求权,不同的请求权对当事人利益保护不同,要正确选择请求权。     

A Randomized Trial of Probation Case Management for Drug-Involved Women Offenders

This paper reports findings from a clinical trial of a probation case management (PCM) intervention for drug-involved women offenders. Participants were randomly assigned to either PCM (n=92) or standard probation (n=91), and followed for 12 months using measures of substance abuse, psychiatric symptoms, social support and service utilization. Arrest data were collected from administrative datasets. The sample (N=183) included mostly African American (57%) and White (20%) women, with a mean age of 34.7 (SD = 9.2) and mean education of 11.6 years (SD = 2.1). Cocaine and heroin were the most frequently reported drugs of abuse, 86% reported prior history of incarceration, and 74% had children. Women assigned to both PCM and standard probation showed change over time in the direction of clinical improvement on 7 of 10 outcomes measured. However, changes observed for the PCM group were no different than those observed for the standard probation group. Higher levels of case management, drug abuse treatment, and probationary supervision may be required to achieve improved outcomes in this population.     

Community Risk Management of High-Risk Sex Offenders in Canada: Findings From a Quasi-Experimental Study

Although considerable controversy surrounds capital punishment, there is no disagreement about the injustice of executing innocent persons. While critics of the death penalty have cited the risk of executing the innocent as a reason for its abolition, adherents have dismissed the risk of error as negligible, if not inevitable, and insufficient reason to halt capital punishment. Still others have proposed or enacted reforms designed to minimize the risk of erroneous capital convictions and sentences and, hence, allow executions to go forward in deserving cases in which doubts about guilt have largely been eradicated. In this article, we examine the principled tensions that accompany attempts simultaneously to safeguard the innocent from execution while promoting the objectives of capital punishment. We focus, in particular, on reforms recently incorporated into Maryland’s death penalty law. We suggest that the existing tensions between protecting the innocent from execution and promoting the objectives of capital punishment are so pronounced that attempted reconciliation of the competing interests is difficult to defend, either in principle or in practice.     

危险心结引发的犯罪问题探析

心结是指一个人在其人生历程中遭遇某种刺激或经历过失败的反应,由此产生了因失败反应带来的痛苦感受(心理创伤),当人动用以后的心理能量弥补这种失败时其心理就处于一种停滞或纠结状态。心结常表现为纠结于过去时、纠结于痛苦、纠结无了时。心结可让人发狂,丧失理性,甚至做出严重的危害行为。其犯罪往往具有让人意外性、严重暴力性,甚至变态性。减少心结的策略是普及心理学知识,完善社会支持与危机干预系统,调解社会冲突。     

Evaluation of Probation Case Management (PCM) for Drug-Involved Women Offenders

Based on availability of case management services, drug-involved women offenders entered either a probation case management (PCM) intervention (n = 65) or standard probation (n = 44). Participants were placed in the case management condition until all slots were filled, then placed in standard probation until case management slots opened. Participants were interviewed at program entry and at 6 and 12 month follow-up using measures of substance abuse, psychiatric symptoms, and social support. Results showed modest change over time in both conditions, but PCM did not result in more services or treatment, or in better outcomes, than standard probation. These findings are discussed in the context of study limitations, and in the context of state initiatives like those in Arizona and California designed to apply treatment as an alternative to incarceration.     

Sex Offenders of East Asian Heritage Resemble Other Canadian Sex Offenders

Although there is considerable research on Caucasian sexual offenders, there has been much less research on sex offenders of Asian heritage. The current study compared East Asian (e.g., Chinese, Japanese, and Korean) sex offenders in British Columbia (B.C.), Canada, and other B.C. sex offenders on items and total score of Static-99R. This study included all provincially sentenced adult male sexual offenders (n = 4580) supervised in the community by B. C. Corrections (including 122 East Asian sex offenders). Sexual, violent, any crime, and any recidivism (including technical violations) data were collected with an average follow-up 4.3 years. The total scores of Static-99R were similar between East Asian sex offenders and other ethnic groups (M = 2.0 vs. M = 2.4). East Asian offenders scored significantly lower than other ethnic offenders on several items measuring general criminality (e.g., prior non-sexual violence, prior sentencing dates, and any prior sex offenses). In contrast, Asian offenders appeared to be more paraphilic (e.g., any convictions for non-contact sex offenses). Lastly, Static-99R significantly predicts sexual, violent, and criminal among sex offenders of East Asian heritage.     

证券化的若干基本问题

证券化是一种新型的融资工具。与发行股票、债券以及担保贷款等传统型融资相比 ,证券化有着很大的不同。这种不同主要表现在证券化的多面性或复杂性上。正是证券化所具有的完全不同于传统型融资的多面性的特点 ,使它成为一种新型的整合融资。     

关于留置权的几个问题

通过对留置权的特征、成立要件、效力、如何行使等问题的阐述,使读者从民法学角度对留置权有一更明确的认识,从而在司法实践中更好地适用留置权。     

Some Problems of Legal Language

Abstract. The author moves from the consideration of law as a set of rules serving as a means of socially regulating human conduct. He focuses on the fact that in order to fulfil its function, the law must be seen as a type of information. In this perspective law is a particular language and therefore gives rise to linguistic problems, linked to the technical character of juristic discourse. The author deals with some of the linguistic and sociological aspects of legal language and attempts to pinpoint some trends of interlingual development.     

Electronic Monitoring of Offenders

This article discusses what the electronic monitoring of offenders involves and the use that is now being made of electronic monitoring within the criminal justice system in England and Wales.     

略论安乐死的若干法律问题

本文探讨了安乐死的以下法律问题:一、安乐死的法律定义,应当具有四个特有属性:二、安乐死的适用对象,应当具备两个必要条件;三、安乐死的权利,包括两个方面,应当属于安乐死的适用对象;四、安乐死的法律性质,实施安乐死的行为不构成犯罪,与故意杀人有着本质区别。并在上述探讨的基础上研究和分析了被动安乐死、植物人,非自愿安乐死等一系列相关的问题。