RSPCA and the criminology of social control

This paper contributes to a rethinking of animal abuse control and animal welfare protection in criminology, specifically, and in the social sciences more broadly. We do this, first, through a broad mapping of the institutional control complex around animal abuse in contemporary Britain. Second, we focus on the institutional strategies and practices, past and present, of the main agency of animal protection, and the policing thereof, in this society, namely the Royal Society for the Prevention of Cruelty to Animals (RSPCA). In looking back to this charity’s growth since the first decades of the nineteenth century at the time of the birth of modern industrial capitalism and also to its current rationale and practices as a late-modern, corporate organisation, we explore the seeming paradox of a private body taking a lead on the regulation and prosecution of illegalities associated with animal-human relationships. Finally, the ideology and strategy of the RSPCA are explored in the context of the often visceral and culturally influential ‘morality war’ associated with proponents, respectively, of animal rights (‘abolition’) and ‘anthropic’ welfare proponents (‘regulation’ and ‘protection’).     

论死刑的程序控制

死刑作为剥夺生命的刑罚,是所有刑罚手段中最严厉的一种。虽说人们对死刑应保留还是应废除尚有争议,但是,对死刑应予以控制,应慎重使用死刑,并尽可能地减少适用死刑,却是普遍被肯定的基本共识。而就控制死刑的方法来说,主要有两种,即刑事实体法的控制与刑事程序法的控制。所谓通过刑事实体法对死刑予以控制的方法,即以修改刑法规定的方式,如刑法减少可适用死刑的犯罪的种类,或对适用死刑增加各种各样的限制条件等,以达到慎用、少用死刑的目的。对死刑的刑事实体法的控制,是人们一直重视的控制方法,这种方法的控制效果也比较容易显现。例如,我国《刑法》经过(1997年)修改后,取消了     

操纵期货交易价格犯罪的认定及防控对策

操纵期货交易价格犯罪行为主要表现为四种,对于私下对冲、吃点、换仓、欺诈客户行为、利用代理之机,赚取差价等违规操纵行为不能认定为本罪。操纵期货交易价格犯罪的防控对策主要为完善期货立法、建立完备的期货市场运行机制、加强对期货市场的有效监管、实现与有关金融监管部门的信息联通、设立专门机构打击、治理期货犯罪等。     

Gun control in the United States

A.B., University of California, Berkeley, 1964; Ph.D., University of California, Irvine, 1970.     

Potential of the state to control privatized firms

The privatization strategy in many transition economies involved the creation of a special government agency that administered state property during privatization programs as well as after the privatization was declared complete. The National Property Fund (NPF) was the agency in the Czech Republic. In many firms the state kept property long after the privatization was completed. We analyze the control potential of the state exercised through the NPF via the control rights associated with capital stakes in firms along with special voting rights provided by law. Based on a complete data set on assets as well as the means of control in privatized firms we conclude that for most of the 1994–2005 period, the state control potential was extensive and certainly larger than has been found by earlier research.

论行政立法的程序控制

建立健全行政立法监控制度是完善我国行政立法制度的一项重要内容 ,也是行政法治的基本要求。西方国家已经建立起较为完备的监控制度。其中 ,通过程序的设置对行政立法进行过程控制的做法尤其值得借鉴。在我国 ,程序观念和制度一直都较为落后 ,因此 ,对行政立法程序制度进行比较研究 ,借鉴先进 ,完善我国行政立法的程序控制制度具有重要的现实意义。     

Organized dentistry and the pursuit of entry control

Organized dentistry spent nearly a century laboring to obtain control over entry into the profession. The first attempt, the American Society of Dental Surgeons, failed because the issue of using amalgam so split the Society that collective action became impossible. The second attempt, state licensing during 1870-1900, gave preferential treatment (automatic licensing) to dental school graduates and appeared at first to be the solution to the entry problem, given the small number of schools in operation. However, dental school entrepreneurs recognized a profitable opportunity, and the supply of dental schools expanded rapidly. Thus, in the third and final attempt at obtaining entry control, organized dentistry attacked the for-profit schools. The dental practice acts were amended to require all candidates to pass a licensing examination, provided first that they were graduates of a school considered "reputable" by the state board of dental examiners. Moreover, rising costs generated by increased school standards took the profit out of for-profit operation, and by 1930 such schools ceased to exist. However, the competitive nature of the 1930s made altogether clear that entry control was a necessary, but not sufficient, condition for the maximization of dentist profits, and thus organized dentistry began its turn inward, focusing on the competitive behavior of existing dentists.     

试论艾滋病防控中的国际法问题

本文分析了艾滋病防控对国际法上人类共同利益原则、国际合作原则和保护人权原则的影响，并研究了以世界卫生组织为代表的现有艾滋病防治国际法律机制及其新发展。     

Ironies of social control and the criminalization of immigrants

As moral panic over immigrants spreadduring the early 1990s, immigrationpolicies became increasingly criminalized in the wake of the bombingsof the World Trade Center in 1993 and ofthe Murrah Federal Building in OklahomaCity in 1995. In response to the threat ofterrorism at home, Congress enacted theIllegal Immigration Reform andImmigration Responsibility Act along withthe Anti-Terrorism and Effective DeathPenalty Act in 1996. Since then severalkey provisions of those statutes haveproduced numerous violations of civilliberties and immigrants' rights. Drawingon a conceptual framework developed bysociologist Gary T. Marx (1981), thisarticle examines critically thecontradictions and ironies of immigrationcontrol, specifically the mostcontroversial aspects of the 1996 laws:court-stripping provisions, use of secretevidence, and growing register ofdeportable crimes. In light of theterrorist attacks on September 11th, 2001,the article expresses concerns over thegovernment's current campaign to fightterrorism, especially the use of racialprofiling and mass detention shrouded insecrecy.     

目标公司反收购的法律规制

上市公司收购已成为我国证券市场上最为重要的新生力量。收购市场的活跃引发目标公司反收购的激烈。由于缺少完善的规制反收购的法律规则,我国目标公司的反收购不仅损害了目标公司及股东的利益,而且阻碍了公司收购在公司治理方面有效作用的发挥。本文通过介绍英美的经验,提出了我国当前规制目标公司反收购可采取的措施:(1)确立董事的信义义务;(2)建立控股股东表决权排除制度;(3)构筑司法救济体系。     

The crime control industry and the management of the surplus population

This essay examines what we are calling the ‘crime control industry’ and how the growth of such an industry relates to growing inequality and the need to ‘manage’ or ‘contain’ the ‘surplus population.’ Profits are a major moving force in this process, rather than the goal of reducing crime and suffering. An important component of this industry is the ‘prison industrial complex,’ one of the fastest growing industries in the U.S. Also included is a rapidly growing private security industry that includes private police and security guards, along with a growing supply of technology to aid in the ‘war on crime.’ Other components include drug testing companies, gated communities, and a booming gun industry. We conclude by outlining possible explanations for the growth of this industry.     

试论反腐败中的洗钱控制

腐败和洗钱问题已成为当今世界的两大毒瘤，当腐败和洗钱相互勾结起来，给社会带来的破坏就更难防范和控制。必须控制洗钱打击腐败现象，促进控制洗钱和反腐败的机制的完善。     

试论艾滋病防控中的国际法问题

本文分析了艾滋病防控对国际法上人类共同利益原则、国际合作原则和保护人权原则的影响,并研究了以世界卫生组织为代表的现有艾滋病防治国际法律机制及其新发展。