规范的犯罪成立要件、刑法免责与我国犯罪构成理论

一国的犯罪构成理论应当与该国刑法规范的犯罪成立要件形成动态的符合关系。无论维持、改良还是重构我国犯罪构成理论,规范的犯罪成立要件都是一个不能回避的视域。比较我国与德国、瑞典、芬兰刑法规范犯罪成立要件,具体免责事由的缺失是我国刑法规范的犯罪成立要件最大的不足。完善我国犯罪构成理论,应当从发展我国刑法免责理论、完善刑法免责立法开始。     

From Poisson to the present: Applying operations research to problems of crime and justice

In the 1830s Siméon-Denis Poisson developed the distribution that bears his name, basing it on the binomial distribution. He used it to show how the inherent variance in jury decisions affected the inferences that could be made about the probability of conviction in French courts. In recent years there have been a number of examples where researchers have either ignored or forgotten this inherent variance, and how operations research, in particular mathematical modeling, can be used to incorporate this variance in analyses. These are described in this paper, as well as other contributions made by operations research to the study of crime and criminal justice.     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

Crime in Central and Eastern European Countries in the Enlarged Europe

An enlarged European Union not only means more territory and a greater population, but also more crimes and perpetrators of crimes. The European integration brings a new challenge to criminology. Comparison of crime statistics across countries is still one of the most difficult methodological problems in criminological analyses. Countries differ in respect of their penal systems and penal policies. Reporting and statistical systems are also different. How, then, can one compare crime between European countries? Can one say where it is safer or where the police work better? Can one determine what the manner of data collection should be so that it reflects reality accurately? This article concentrates on a representation of some trends of crime in Central and Eastern European countries. A main source of information about crime are official crime statistics collected according to the methodological rules worked out by the European Sourcebook of Crime and Criminal Justice Statistics. In the case of homicide, police data are confronted with vital statistics gathered by the World Heath Organization (WHO). The statistics on assault and robbery were compared, as much as possible, with the victimization data from the International Crime Victims Survey (ICVS). The socio-economic context of the crime, the main circumstances of the crime statistics, which affected the interpretation of the crime trends for Central and Eastern European Countries, is presented.     

论交通肇事犯罪人的特点及刑事责任

交通肇事犯罪人属于一般自然人主体,具有与传统犯罪人不同的性格特征,交通肇事犯罪人在主观上是过失心态。行为人交通肇事后逃逸是我国刑法规定的加重处罚情形,交通肇事犯罪人的共犯是我国刑法规定的特殊处罚情形,交通肇事后行为人遗弃被害人的,应当按故意杀人罪或故意伤害罪处罚。应当从刑事立法、刑事政策、犯罪学理论三方面入手,加强对交通肇事犯罪人的预防和惩处,有效防止交通肇事罪的发生。     

Reconsidering the unemployment and crime relationship: Variation by age group and historical period

Although considerable research has examined the direct effects of age and economic conditions on crime, relatively little work has investigated the joint influence that age and unemployment may have on rates of criminal behavior. This study extends prior research on the unemployment-crime relationship by testing simultaneously for (1) variation in the unemployment-crime relationship by age group and (2) variation in the unemployment-crime relationship over time. Age-specific arrest and unemployment time-series data for the United States from 1958 to 1995 are used to test these hypotheses. The two main findings indicate that (1) unemployment has a greater motivational effect on property crime among youth and young adults and (2) the unemployment-crime relationship varies over time, but in a way that appears to be more random than systematic. The implications for future research are discussed.     

Violent Crime in the Urban Community: A Comparison of Stockholm and Basel

In this article the authors present some preliminary findings from a comparative study of police recorded violent crimes in Stockholm and Basel. They present the first results from a comparative analysis of the situational context, the ecology of crime, and of offender residences in these cities. There is impressive evidence of basic similarities in the situational context of violent crime and the residential distribution of violent offenders. Yet there are also significant differences, some of which may have interesting implications for crime prevention. Firstly, violent crime seems to be more highly concentrated during weekend nights in Stockholm than in Basel. Secondly, they find evidence that the presence of weapons in a community increases the risk of more serious outcomes of violent events. Efforts to reduce the availability of weapons may thus have significant effects on the outcomes of violence, but not necessarily on its frequency. Thirdly, they show that offenders in both cities are highly concentrated in socially disorganised communities with few economic and social resources.     

Swedish quantitative criminology in the 1990s: A brief overview

Quantitative criminology research published in Sweden in the 1990s is reviewed and put in the context of major Swedish traditions in quantitative criminological research. Sweden has a strong tradition in sophisticated longitudinal and ecological research which continues into the 1990s. Other traditionally prominent areas of Swedish quantitative research include studies of crime trends, violence, and youth criminality. Traditionally Swedish quantitative criminology has been dominated by studies using official statistics and criminal records as data. In the 1990s there has been a significant upswing in survey studies, motivated partly by an increased interest in questions of etiology and crime prevention. More fundamental research on the causes of crime, including new longitudinal studies, and more evaluations of crime prevention initiatives are needed.     

How to Develop More Effective Policies Against Crime: Some Reflections on Drugs and Crime Research in an International Context

This paper offers some reflections on how to develop more effective policies against crime, drawing on more than 10 years of research experience on the international drug problem. The paper begins by trying to illustrate the so-called justice gap in the world, and explain why an institution such as the United Nations has a comparative advantage in closing that gap. It then details four lessons that the author has learnt from his own personal experience as head of research in the United Nations International Drug Control Programme, now called the United Nations Office on Drugs and Crime: (i) measure, count, and keep counting; (ii) publish or perish, either in inter-governmental default, or in public hysteria; (iii) limit the dangers of committing the euphemistic fallacy; and (iv) divorce research and policy, because research is policy-dependent; make research policy-relevant, and re-marry it to policy. Finally, the paper tries to show how these lessons can be applied in related areas and used as good practice in research on crime.     

犯罪网络分析:社会网络分析在有组织犯罪研究中的应用

在刑事司法领域所使用的"网络"(networks)一词通常是指犯罪组织。一个犯罪网络首先也是一个社会网络,社会网络分析是对社会关系结构及其属性加以分析的一套规范和方法。它主要分析的是不同社会单位(个体、群体或社会)所构成的关系的结构及其属性。自美国"9.11事件"以来,世界各国政府、学者、媒体逐渐认识到社会网络分析在有组织犯罪防控研究中的重要作用,纷纷使用社会网络分析方法对恐怖主义犯罪等有组织犯罪进行犯罪网络分析、研究,通过解构犯罪组织,发现犯罪成员体系、结构特征与行动目标,从而对有组织犯罪进行有效预防和打击。我国应充分认识社会网络分析在现代有组织犯罪防控研究中的重要价值,全面了解国外有关理论与应用发展,积极采取政府资助项目研发与直接设立研究机构等多种手段,促进犯罪网络分析理论与方法在我国的迅速发展。     

Think Nationally,Act Locally: The Municipal-Level Effects of the National Crime Prevention Program in Finland

This paper gauges the effects of the National Crime Prevention Program (NCPP) on the level of crime in Finland. The research design involves comparisons between municipalities that vary in terms of their participation in the NCPP. Is this characteristic related to improvements in community safety? The analyses utilize data from victim surveys as well as police statistics. Findings from each type of analysis suggest that active participation in the national initiative has not resulted in reduced levels of crime and violence. The study concludes with a set of recommendations for improving the effectiveness of the NCPP.     

刑法修正案（七）“组织、领导传销罪”的解读

非法传销活动是我国改革开放后市场经济活动尚未完全纳入法律调控时期出现的一种经济失范现象,并随着我国经济发展的速度和规模愈演愈烈,已经严重影响到经济和社会的稳定,为此刑法修正案（七）增补组织、领导传销活动罪这一新的罪名。然而,正是因为两级最高司法机关曾经的司法文件对该种行为有截然相左的意见,所以在刑法修正案（七）明确了该种行为的罪名。那么如何正确适用法律的规定,不仅仅是司法问题,更有必要在理论上对其进行必要的解读。     

刑罚权的边界:犯罪的定义与被定义的犯罪——对新一轮犯罪定义争鸣的基本态度

刑罚应处罚的危害行为的范围,属于刑事政策的话题。坚持现行刑法关于犯罪的定义,还是将治安违法行为和部分行政处罚行为一并归入刑法中的犯罪当中,是值得认真研究的基础性问题。将何种行为定位为犯罪,实际上涉及到刑罚权的边界问题,而刑罚权的运作受到国家政权组织形式、法治模型选择、公权力制约以及法治的适宜性等多方面的共同作用。无论从分权的角度,还是基于法治的判断,乃至文化、国情等维度进行衡量,现行刑法对犯罪定义的基础性界定,仍具有其合理性和正当性。     

Crime Trends in Western Europe from 1990 to 2000

This paper analyses the evolution of police recorded crime rates for nine offences (intentional homicide, assault, rape, robbery, theft, vehicle theft, burglary, domestic burglary, and drug offences) over the period 1990–2000 in 16 Western European Countries. The analysis shows that there was an increase in drug and violent offences, while property offences reached a peak at the beginning of the 1990s and started decreasing afterwards. The evolution of property offences can be related to the emergence of a large black market for stolen goods in Central and Eastern Europe at the beginning of the time series, while by the end of it that market was saturated and there had also been a reinforcement of police measures in the frontiers and of security measures in Western European households. The increase in drug offences is correlated to the rise of drug use in Europe shown by other indicators, and can be related to an increased availability of drugs in European markets. Finally, the upward trend in violent offences can be explained partially by gang struggles over the control of illegal markets and by the consolidation of problematic neighbourhoods, but seems also due to a large extent of increase in the reporting of violent offences by their victims and the recording of such offences by the police. The analysis shows that opportunity-based theories provide a satisfactory explanation of the trends in recorded crime, and that the crime opportunities are heavily influenced by socio-economical factors.Versions of this paper were presented at the 3rd Annual Conference of the European Society of Criminology (Helsinki, August 27–30, 2003) and at the Societies of Criminology 1st Key Issues Conference (Paris, May 13–15, 2004). The paper was written during a stay at the Max Planck Institute for Foreign and International Criminal Law (Freiburg imBreisgau, Germany) made possible through the support of Swiss National Science Foundation     

犯罪定量刑法模式的比较与选择

中外刑法中有"立法定性、司法定量"和"立法既定性又定量"两种犯罪定量模式,两者各有利弊.但传统的法文化与现实法体系的冲突注定了在我国刑法典中对犯罪进行"立法定量"的合理性和现实性.只有将"立法定量"与"司法定量"协调统一起来,犯罪定量才会得以实现.     

视频监控系统在犯罪侦防中的运用及其法律问题

在犯罪问题复杂化与警力资源相对有限的背景下,利用视频监控系统预防与侦查犯罪已经成为许多国家采取的策略。在犯罪预防领域,视频监控系统的运用得到了日常活动理论、理性选择理论、情境犯罪预防、新机会理论、犯罪被害理论与死角理论等学说的支持;在犯罪侦查领域,透过视频监控系统的实时监控与影像存录功能,侦查部门的战斗力得到显著提高。与此同时,视频监控系统在犯罪侦防中的运用也引发了一系列法律问题,故有必要遵循一定的法律原则,以法律规范视频监控系统的正确运用。     

The economics of crime and criminal law: An antithesis to sociological theories?

The relationship between sociology and economics of crime has been dominated by mutual prejudice and misunderstanding. This paper tries to contribute to a change of this stale of affairs by showing that, on the one hand, the economics of crime does not as a method imply politically conservative policy recommendations and, on the other hand, that insights of the sociology of crime may enrich the economic approach considerably. This is done via a brief survey of the economics of enforcement, the literature on the relation of income distribution and unemployment on crime, and the literature relating sociological theories of crime to methodological individualism.     

Economic structure and vulnerability to organised crime: Evidence from Sicily

The economic analysis of organised crime suggests that some economic activities are particularly vulnerable to penetration by criminal organisations. This paper provides an analysis of the structure of the Sicilian economy and shows that, when compared with other Italian regions, it is characterised by a disproportionate presence of such activities. In particular, the economy of Sicily appears characterised by: (i) a large dimension of traditional sectors, such as the Construction sector, which also has a strong territorial specificity; (ii) a large presence of small firms; (iii) a low level of technology; (iii) a large public sector. The joint presence of these features creates fertile soil for the typical activities of organised crime, such as extortion and cartel enforcement. Hence, we propose an alternative explanation of the persistence of organised crime with respect to explanations based on cultural and social factors.     

论我国贿赂犯罪的立法对《联合国反腐败公约》的应对--以国际刑法的国内化为视角

在我国缔约的<联合国反腐败公约>中,贿赂犯罪的规定与我国现行刑法的规定是不同的.现行刑法与<联合国反腐败公约>的相关规定的差异主要表现在贿赂的范围、贿赂外国公职人员或者国际公共组织官员犯罪与受贿罪、行贿罪的构成要件三个方面.完善相应的现行刑法的规定,是我国必须履行的国际法义务,也是司法实践的需要.     

Crime Trends in Europe from 1990 to 1996: How Europe Illustrates the Limits of the American Experience

In the Council of Europe's European Sourcebook of Crime and Criminal Justice Statistics, crime and other relevant data are assembled for 36 European countries and the years 1990 to 1996. The data show that crime trends differed from those in the United States. Particularly drug and violent offences continued to increase until the end of the period under consideration (1996). Most of the theoretical explanations of crime trends currently in vogue in the United States seem of little help in understanding current European trends. Generally the most valid approaches seem to be routine-activities and situational explanations.