"客观归责"在中国犯罪论体系中的地位研究——以因果关系为切入点

客观归责理论是德国刑法理论界一个非常重要的热点问题,我国的理论界也对这一理论进行了研讨,但这种研讨还没有形成一定的规模,尤其是客观归责在我国犯罪构成中的地位,鲜有人涉及.作为一种移植来的舶来品,要在我国生根发芽,必须在我国的犯罪构成中有一席之地,才能真正的从理论走向实践.     

Poverty and Peacemaking Criminology: Beyond Mainstream Criminology

Mainstream criminology has traditionally focused on poverty as an isolated variable, whose effects are typically explored by inserting a limited measure of this variable in a multivariate analysis. Peacemaking criminology, however, offers an alternative perspective. In this paradigm, poverty is seen as a source of suffering and, to a degree, a “crime” in and of itself. Furthermore, the suffering poverty engenders is an enveloping social experience that exposes its victims to concentrated disadvantage—or, to use Jonathan Kozol’s (1991) term, to a range of “savage inequalities.” Thus, poverty is best understood not as an isolated variable, but as a master status of fundamental social reality that subjects people to lives filled with suffering—suffering that can engender criminal behavior. From a peacemaking perspective, a key avenue for preventing crime is, in the short run, diminishing the suffering poverty causes and, in the long run, embracing social policies that reduce the prevalence of economic suffering in contemporary society.

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Peacemaking Criminology

This is an overview of the work of criminologists that informs how people build trust, safe and social security in the face of violent social differences. The article begins with a story of how the term “peacemaking” came to “criminology.” A theory of peacemaking emerging from this beginning is then stated, including a review of criminological literature that informs the theory. The theory is grounded in a paradigmatic departure from criminology’s tradition—the study of crime and criminality—to proposing instead of studying what replaces human separation with cooperation and mutual trust. This paradigm implies that stories of dispute handling are its most authoritative data, especially stories people tell about their own relations. It also implies new ways of evaluating the fruits of adopting a peacemaking paradigm for learning and living.     

Criminology post-Maastricht

My objectives in this paper are to try and identify the range of challenges that now confront critical criminologists who work in, and are attentive to, the “new Europe” whose construction was so clearly signalled by the Maastricht Treaty (the Treaty on European Union) of 1993. I want to concentrate here on two issues — firstly, the challenge of situating the work of criminology in relation to the process of political union (and enlargement) of the European Union, and, secondly, the articulation of an agenda of work for critical criminology, that derives, from an understanding of this broader context. This revised version was published online in July 2006 with corrections to the Cover Date.     

Institutionalization of Criminology: A Prerequisite to Comparative Criminology

The increased prevalence and enrichment of comparative analysis would invigorate criminology generally as a scientific field because comparative criminology is a movement toward a “true science of criminology.” But, at least at its present stage, comparative criminology awaits the institutionalization of criminology at a level sufficient for the essential availability of criminologists capable of and competent for meeting the peculiar demands of transnational research.

“Comparative, coordinated and interdisciplinary research should be carried out to determine the relative effects of programs in different countries” and through cooperation between researchers from different countries…to develop a highly promising new field of comparative criminology”, in order to determine “uniformities and differences in causal influences, in predictive factors, and in results of preventive and treatment programs” and to develop “a true science of criminology.”     

基因科技与犯罪研究

20世纪90年代以来,由于“人类基因组计划”的实施,遗传学再次成为显学,媒体上几乎每周都可以看见科学家发现某一遗传因子与某种疾病相关的报道,与此同时,遗传对人类行为的影响也为广大民众所关注。事实上,遗传与犯罪关系的研究早在19世纪就已开始,并在20世纪初年进入顶峰状态,但因为行为遗传学与优生学的近亲关系,遗传与犯罪在二战后沉寂了20多年。20世纪70年代,关于犯罪遗传的研究又一次进入遗传学家和犯罪学家的研究领域;并一直持续到现在。     

Intersectionality,Rural Criminology,and Re-imaging the Boundaries of Critical Criminology

One of the significant shortcomings of the criminological canon, including its critical strands—feminist, cultural and green—has been its urbancentric bias. In this theoretical model, rural communities are idealised as conforming to the typical small-scale traditional societies based on cohesive organic forms of solidarity and close density acquaintance networks. This article challenges the myth that rural communities are relatively crime free places of ‘moral virtue’ with no need for a closer scrutiny of rural context, rural places, and rural peoples about crime and other social problems. This challenge is likewise woven into the conceptual and empirical narratives of the other articles in this Special Edition, which we argue constitute an important body of innovative work, not just for reinvigorating debates in rural criminology, but also critical criminology. For without a critical perspective of place, the realities of context are too easily overlooked. A new criminology of crime and place will help keep both critical criminology and rural criminology firmly anchored in both the sociological and the criminological imagination. We argue that intersectionality, a framework that resists privileging any particular social structural category of analysis, but is cognisant of the power effects of colonialism, class, race and gender, can provide the theoretical scaffolding to further develop such a project.     

Tax Havens and Criminology

For more then thirty years, "tax havens" have allowed major players form the political and financial spheres, as well as from the criminal one, to act in a "sovereign" way, that is to say, in a determinant way, so that their decisions become decisive in the historical course. "Offshore sovereignty" designates the opportunities that actors off all stripes have in the offshore centres, legal havens, free zones and free ports of the world, to conduct their activities unhampered by state structures, which they do by investing their money in recognized economic entities, or financing political parties.