论资格刑的刑罚正当性

文章拟从刑罚的价值基础出发,对我国刑法中规定得不是十分完备的资格刑进行重新的审视和分析,解读了报应根据、功利根据、资格刑的人道性根据和经济性根据,以期寻求资格刑的正当性根据,从认识论的角度溯求资格刑的刑罚理性.     

Process-related and criminalistic problems of forensic medicine experts in criminal offenses

The Stockholm Syndrome seems to be an automatic, probably unconscious emotional response to the traumatic experience of being a victim. It affects hostage and hostage-taker alike and serves to unite both, being victims of the siege environment, against outsiders. This positive emotional bond between victim and subject is a defense mechanism of the ego under stress. The priority in dealing with hostage situations is the survival of all participants. The Stockholm Syndrome may save the life of victim and subject alike, as it reduces the subjects tendency towards violence and thus the possible necessity for a seizure by the security forces.     

Gender disparity in criminal offenses among persons of high IQ

Criminologists have largely neglected deviance among those with high IQs. This work uses Towers's (1988) concept of conventional genius to analyze how deviant behavior varies by gender among genius offenders. Like Bisi (2002), the authors expect female patterns of deviance to be lower than that for males even within this genius sample. Their work finds that male geniuses are significantly more likely to self-report ever having committed violent felonies. Among the authors' conventional genius sample of university students, gender differences in nonviolent felonies, misdemeanor offenses, and unethical behaviors are not significantly different between the female and male respondents.     

Claims of amnesia for criminal offenses: psychopathology, substance abuse, and malingering

The forensic psychiatric examiner often encounters defendants who deny memory for their offense. Past research proposes a variety of factors to account for offense amnesia. To date there have been few systematic studies of offense amnesia in relation to psychiatric diagnosis, either alone or in combination with other known factors such as substance use and malingering. We studied 53 pretrial felony defendants who had been referred for psychiatric examination; 40% claimed amnesia for their offense. Examinees with psychotic disorders in general, and schizophrenia in particular, were relatively less likely to claim amnesia than were examinees with other diagnoses. Substance use at the time of the offense and associated substance use disorder diagnoses were positively associated with offense amnesia. Malingering diagnosed by general clinical criteria was a poor predictor of amnesia claims. These data suggests that two prominent reasons for referral for forensic psychiatric evaluation include the presence of psychotic symptoms and claims of amnesia for the offense.     

广州市学校卫生行政处罚现况分析

目的:分析广州市学校卫生行政处罚现况,探讨新时期学校卫生监督执法的发展形势和工作重点.方法:纳入全市卫生监督机构自2018年1月1日至12月31日查办且已结案的学校卫生行政处罚案件135宗,分析案件的案由、主体、处罚内容分布等.结果:2018年广州市学校卫生行政处罚案件案由主要分布于教学和生活环境卫生专业(56.3％)...     

Police research technology: Functional relations between juvenile citations and criminal offenses

In a multiple-reversal time-series design, additional plainclothes youth guidance officers were assigned to patrol and to issue juvenile warning citations in one of two target areas during school hours on weekdays. The presence and activity of these officers resulted in modest but consistent reductions in the number of criminal incidents reported in the target area. An untreated control area showed no consistent changes in the rates of criminal incidents. Issuance of juvenile citations appears to be a modestly effective crime control technology which may be implemented in a cost-efficient manner.     

Joinder of criminal offenses: A review of the legal and psychological literature

Criminal courts routinely allow a defendant to be tried for multiple charges in a single trial. The practice is known as joinder of offenses. The issue of joinder of offenses is examined from a legal and psychological perspective. Relevant court decisions and their implications are discussed. In addition, the recent research conducted by social scientists concerning the possible reasons for the prejudicial effects of joinder of offenses is critically reviewed. Suggestions are offered, based upon previous joinder research, for the direction of future research into the loci of the effect and into potential remedies.This paper is an elaboration of one presented at the annual meeting of the Academy of Criminal Justice Sciences, Chicago, March 1984.     

Should the United States adopt a national substantive criminal code for serious offenses?

This article addresses the policy question: should the United States adopt a national substantive criminal code for serious offenses? Strangely enough, this issue has never been thoroughly considered. The author suggests that the current mobility of Americans requires a fresh look at the many issues involved, a number of which are raised and discussed. His conclusion is that careful consideration of the desirability and feasibility of a national code is now overdue.     

由一起停止执行行政处罚的行政复议案件引起的法律思考

通过分析一起行政复议案例,发现当行政机关认为行政复议机关的复议决定错误或不当时,《行政复议法》没有规定"救济"条款或途径,难以保障行政机关依法行使职权。本文分析探讨了存在的原因,建议修改《行政复议法》,增加行政机关的"救济"条款或途径,允许行政机关向上级行政机关申请复议,完善行政机关层级监督规定,建立内部监督、自我纠正的行政监督机制,修改行政复议的程序,实现行政复议程序的司法化。     

Some samples of weapons and instruments used as weapon in criminal offenses in Turkey

The variety of instruments used for crime of violence is wide. Besides the manufactured legal weapons, there are comparable numbers of purchased instruments, which are used as lethal weapons and significant numbers of comprising home-made ones.The instruments used during the commission of a crime shows similarity throughout the countries. Nevertheless, there are small differences to be seen.The topic of this subject features the types of weapons used in criminal offenses in Turkey.     

Effects of administrative ignition interlock license restrictions on drivers with multiple alcohol offenses

This study investigated, under real-world conditions, whether a statewide 2-year administrative ignition interlock license restriction program in Maryland was effective in reducing subsequent alcohol-related traffic violations among multiple offenders and whether any reductions in recidivism could be maintained after the program ended and interlock license restrictions were removed. A total of 1,927 drivers eligible for relicensure were randomly assigned to either the 2-year interlock license restriction program or the normal and customary sanctions afforded multiple offenders in Maryland. Recidivism was defined as incurring a subsequent alcohol-impaired driving violation during the 2-year intervention or 2-year postintervention periods. Compared to the control group, participation in the interlock license restriction program reduced drivers’ hazard (or risk) of a subsequent alcohol-impaired driving offense by a statistically significant 36% during the 2-year intervention, 26% during the 2-year postintervention period, and 32% during the entire 4-year study period. This investigation of interlock program effectiveness is the first to report significantly lower recidivism among the interlock group than its control group after the ignition interlock license restriction program ended. Possible reasons for this novel finding and areas for future research are discussed.     

论行政刑法的性质和概念

行政刑法在我国是一个崭新的研究领域。行政刑法在法律上兼具行政法与刑法的双重性质,行政刑法是国家为了实现行政管理的目的,维护正常的行政管理秩序,规定行政犯罪并追究其行政刑法责任的特殊法律规范的总称。     

海事行政执法中以罚代刑问题初探

尽管中国行政执法与刑事司法协调的法律框架已初步建立,但海事行政机关在执法中仍普遍存在以罚代刑问题。其原因是多方面的,包括部门利益的考量、证据转换存在障碍、移送程序立法存在缺憾、检察监督权虚置化、配套保障制度滞后导致案件信息封闭等。解决这一问题也要从上述方面入手,建立、完善相关的法律制度。     

论刑事诉讼与行政诉讼的冲突及其解决

为解决刑事诉讼中出现的行政问题及行政诉讼中出现的刑事问题,避免行政诉讼与刑事诉讼审理结果的冲突,应将两类诉讼中的相关问题分为本诉附属问题与审判前提问题,允许法院刑事审判庭在特定情况下审理行政问题;在对同一行为究竟应承担刑事责任还是行政责任难以确定时,以“刑事责任优先”为处理原则。     

北京市东城区卫生局卫生监督所2011-2013年行政处罚基本情况分析及对策研究

本文分析了北京市东城区卫生局卫生监督所2011-2013年行政处罚基本情况,旨在探索监督职能划转后如何健全卫生行政处罚配套措施,提高卫生监督效能,为推动卫生行政处罚工作提供参考性建议。方法：运用卫生统计学方法分别对2011-2013年已结案的一般程序处罚案件的处罚数量、罚没款金额以及案由进行统计,分析近3年东城区卫生局卫生监督所行政处罚的基本特点、存在的困难和问题。结果：2011-2013年东城区卫生局卫生监督所一般程序行政处罚数量逐年增加,但不同专业发展不均衡,处罚侧重点相对单一,部分专业化较强的执法力量相对薄弱,以及成文法的滞后性弊端等均是亟需破解的难题。结论：可通过强化法制宣传教育、健全卫生行政处罚长效监管机制、有效规范和控制自由裁量权在行政处罚中的运用等配套措施确保卫生行政处罚合法、合理、公平、公正。     

The use of neuroscientific evidence in the courtroom by those accused of criminal offenses in England and Wales

This examination of the extent of the use of neuroscientific evidence in England and Wales identifies 204 reported cases in which such evidence has been used by those accused of criminal offenses during the eight-year period from 2005–12. Based on the number of reported cases found, the use of such evidence appears well established with those accused of criminal offenses utilizing such evidence in approximately 1 per cent of cases in the Court of Appeal (Criminal Division). Neuroscientific evidence is used to quash convictions, to lead to convictions for lesser offenses and to lead to reduced sentences. In addition, cases are identified where neuroscientific evidence is used to avoid extradition, to challenge bail conditions and to resist prosecution appeals against unduly lenient sentences. The range of uses identified is wide: including challenging prosecution evidence as to the cause of death or injury, challenging the credibility of witnesses and arguing that those convicted were unfit to plead, lacked mens rea or were entitled to mental condition defenses. The acceptance of such evidence reflects the willingness of the courts in England and Wales to hear novel scientific argument, where it is valid and directly relevant to the issue(s) to be decided. Indeed, in some of the cases the courts expressed an expectation that structural brain scan evidence should have been presented to support the argument being made.     

Representative payment policies and administrative procedure for imposing penalties for false or misleading statements or withholding of information. Final rules

We are amending our regulations on representative payment and on the administrative procedure for imposing penalties for false or misleading statements or withholding of information to reflect and implement certain provisions of the Social Security Protection Act of 2004 (SSPA). The SSPA amends representative payment policies by providing additional safeguards for Social Security, Special Veterans and Supplemental Security Income beneficiaries served by representative payees. These changes include additional disqualifying factors for representative payee applicants, additional requirements for non-governmental fee-for-service payees, authority to redirect delivery of benefit payments when a representative payee fails to provide required accountings, and authority to treat misused benefits as an overpayment to the representative payee. In addition, we are amending our rules to explain financial requirements for representative payees, and we have made minor clarifying plain language changes. The SSPA also allows us to impose a penalty on any person who knowingly withholds information that is material for use in determining any right to, or the amount of, monthly benefits under titles II or XVI. The penalty is nonpayment for a specified number of months of benefits under title II that would otherwise be payable and ineligibility for the same period of time for payments under title XVI (including State supplementary payments).     

“亲亲相隐”对现代刑事法治基础的启迪

尽管古今中外"亲亲相隐"因其历史发展阶段、法律文化传统的差异而表现形式有所不同,然而,通过对其纵横的比较研究可以发现,"亲亲相隐"的共通之处在于其所赖以成长的沃土是现代刑事法治建设的最基本价值基础和社会伦理基础,也是现代刑事法治运行的基础、核心与灵魂.因此,就现代刑事法治建设与运行而言,对该片沃土的研究、开发与利用将具有重大的现实意义.