Conceptualising and combating transnational environmental crime

To date, transnational environmental crime has been poorly attended to by the transnational organised crime and transnational policing discourse. Academics have focused on individual elements of environmental crime, neglecting a broader theoretical discussion, while national and international institutions have prioritised other forms of organised crime, giving little thought to the nuanced nature of transnational environmental crime and how this should be reflected in policing and countermeasures. This paper attempts to rectify this by conceptualising transnational environmental crime and suggesting ways forward for countermeasure development. The paper will begin by looking at the problem of environmental crime, its value, scope and effects, concluding that the damaging nature of transnational environmental crime demands a greater focus on its policing. The nature of transnational environmental crime will then be discussed by reference to traditional forms of organised crime. It will be argued that, while transnational environmental crime is a form of organised crime, and has some features in common with the traditional organised crimes, such as drug smuggling and people trafficking, it is the substantial differences that should guide the approach to developing countermeasures. The development of effective countermeasures, it is concluded, requires a significant change in policy at every level.     

Police patrol and the deterrence of crime

A nonrecursive model of the deterrent effect of police presence was formulated and tested for 26 cities. Victimization data were employed as measures of crime, unpublished FBI data on the number of police patrol units as the measure of levels of police presence, and data for 11 exogenous variables were derived from FBI and census reports. It was found that per capita, police are a positive function of rates of violent crime and that clearance rates are a positive function of police presence. However, some offenses that have traditionally been thought to be deterrable are not inversely related to clearance rates. The equations were re-estimated using official measures of crime and found to be more consistent with the deterrent hypothesis. It is suggested that official data may generate a spurious correlation. Finally, caution is suggested in consideration of alternative forms of police presence.     

防治船舶污染海洋环境立法路径思考

《中华人民共和国海商法》施行20周年以来,中国航运经济不断发展,与此同时,船舶污染海洋环境问题也愈加突出。将来是通过修改《中华人民共和国海商法》还是修改《中华人民共和国海洋环境保护法》来应对这一问题,值得理论界、实务界等有关方面深入研究。     

发票犯罪若干疑难问题研析

发票犯罪是涉及增值税专用发票、可用于骗取出口退税、抵扣税款的其他发票和普通发票的一类犯罪.该类犯罪先为1995年全国人大常委会颁行的<关于惩治虚开、伪造和非法出售增值税专用发票犯罪的决定>所规定,后为1997年刑法所吸收.虽然<决定>尤其是1997年刑法颁行以来,不少学者以论文或论著的形式对该类犯罪进行了比较深入的研究,但是客观而言,不仅其中的一些问题学者之间还存在着相当大的争议,而且有不少问题还在待于进一步明确.因此,本着学术争鸣及服务司法的态度,我们选取了若干理论上存在争议或实务中产生疑难的问题进行探讨,以就教于同仁.     

Police responses to wife beating: Neglect of a crime of violence

Data were collected from women seeking admission to a spouse abuse shelter in a small southern city. The questionnaire which they completed requested demographics and a wide variety of attitudinal data. The paper reports an analysis of the women's perceptions of police responses to their victimization, their feelings towards self, and their willingness to pursue mobilization of the law in their own behalf. It was reported that the police rarely made referrals to helping agencies and that the most common police action was to “talk” to the assaulter/batterer. Victims' feelings toward self were not nearly as negative overall in this sample as is typically assumed of abused women. Some support was found for a series of hypotheses that positive police responses enhance the victims' self-image and encourage them to seek mobilization of the law.     

Ethical issues raised when early intervention is used to prevent crime

The European Journal on Criminal Policy and Research, Vol. 5, No. 2, was focused on early intervention and prevention of juvenile delinquency. The author comments on the issue and focuses on the ethical problems involved with early intervention, such as the labelling effect, the risks of prediction, consent, and undesired effects.     

累犯司法实务若干疑难问题研究

19世纪后半叶以来,累犯问题不但成为犯罪学或刑事政策学中最重要的课题,而且还是各国司法实践中重要、棘手的问题.①累犯情节的具备与否,影响着法院的刑罚裁量活动,对被告人的刑事处遇具有重要意义.本文通过对累犯认定和处理中的实务疑难问题的研析,力争合理、恰当地解决这些问题.     

故意伤害罪若干疑难问题探讨

故意伤害罪是一种常见多发、情况颇为复杂的犯罪,尽管该罪在我国1979年刑法典和现行刑法典即1997年刑法典中均有明确的规定,但该罪在理论上和司法适用中仍存在诸多疑难问题.本文拟对其中若干疑难问题进行研究,以期能对故意伤害罪的理论研究和司法认定有所裨益.……