试论国际刑事管辖权——兼谈对我国的启示

国际刑事管辖权是国家之间确立的对国际犯罪进行缉捕、起诉、审判和惩处的重要管辖体系。本文首先论述了传统的四种国际刑事管辖权,即属地管辖权、属人管辖权、保护性管辖权和普遍管辖权。接着本文阐述了前南国际刑事法庭和卢旺迭国际刑事法庭对国际刑事管辖权的发展,然后,本文分析了《国际刑事法院罗马规约》对国际刑事管辖权的挑战。最后,本文分析了我国的从中引发的相关启示。     

试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

Believing is seeing III: perceptions of content in criminal psychological profiles

This study explored Kocsis and Heller's findings concerning the relationship between one's belief and the perceived accuracy of a profile. The influence of types of information was also considered. A sample of 353 participants was used in the present experiment that gauged the perception of information contained in a profile. The results supported Kocsis and Heller's earlier findings with a positive relationship found between belief and perceived accuracy. The more an individual believes in profiling, the more likely he or she is to perceive a profile to be accurate. This relationship was most pronounced in participants' perceptions of information contained in a profile concerning an unknown offender's crime behavior and past history. The more an individual believes in profiling, the more information relating to these two factors is likely to be perceived. This relationship was not observed where information in the same profile involved physical features of the offender.     

The repentant defendant and the potential of international criminal justice

ABSTRACT

Repentant defendants are a more common feature of the international criminal trial than commonly thought, and offer interesting opportunities to conceptualize the possibility of restorative justice within what is otherwise a conventionally retributive framework. Repentance may arise at different stages of the trial and is an inherent part of the assessment at the plea bargain and sentencing stages. It must be understood as a particular performance from the accused, one that individualizes guilt and performs the sort of moral agency on which international criminal law is otherwise premised. Its force lies potentially in its power to break down some of the constitutive dichotomies of international criminal justice, including those between perpetrator/victim, international/domestic, and retributive/restorative justice. One needs to account, however, for the potential ambiguity of repentance and the fact that it may be subtly exonerating, as well as the fact that international criminal tribunals have reasons to encourage it that have nothing to do with restorative justice. Only if the sincerity of repentance can be ascertained and if it can be addressed to victims may the restorative potential of international criminal justice be realized.     

当代国际刑法与国际犯罪问题学术研讨会综述

2002年4月26日,"当代国际刑法与国际犯罪问题学术研讨会"在香港大学隆重举行.此次会议是继2000年8月在贵阳市召开的"当代国际刑法问题学术研讨会"之后,国家重点研究基地中国人民大学刑事法律科学研究中心主办的又一关于国际刑法问题的学术研讨盛会,也是中心首次在境外举办学术研讨会.此次研讨会顺应当前国际社会惩治与防范国际犯罪的现实需要,有选择、有针对地就国际刑法领域诸多热点、难点问题进行了深入细致的探讨,有力地促进了我国内地与香港地区对国际刑法与国际犯罪问题的研究,因而具有重要的理论与实践意义.     

Reasons for refraining from criminal activity

In order to establish the relative importance of reasons for not engaging in illegal activities, respondents were administered a questionnaire containing a list of possible factors that could account for not committing crimes, and were then asked to rank them. Multidimensional scaling analyses revealed the underlying structure of these factors. Specifically, respondents tended to structure their reasons based on the formality/informality of a negative consequence and the relative seriousness of a sanction.     

The generality of criminal behavior: A confirmatory factor analysis of the criminal activity of sex offenders in adulthood

The presence of a general construct of deviance had not been investigated in sex offenders in spite of the presumption of specialization that characterized them. Consequently, the aim of this study was to investigate whether sex offenders' criminal behavior could be explained by a general construct of deviance. A semi-structured interview was conducted with each subject in order to assess deviant behavior during the life course. The official criminal behavior of 388 convicted sex offenders was analyzed using confirmatory factor analysis. The pattern of covariance observed showed that the onset, frequency, and variety of criminal activity in adulthood could be explained by a general construct of deviance in sexual aggressors. The results, however, also suggested that child molesters' frequency of sexual crime was not part of a general construct of deviance. In other words, the offending behavior of sexual aggressors of women was predominantly versatile, whereas that of sexual aggressors of children tended to be more specific, at least for one dimension of their criminal activity.     

完善我国环境刑事立法的若干思考

随着全球环境的恶化,各国环境刑事立法的发展有了新的趋势。与发达国家相比,我国的环境刑事立法存在很大差距,刑法及与刑法相关的法律中的环境刑事立法均有不足,应借鉴国外的先进立法经验,构筑我国的环境刑事立法体系。     

The Council of Europe Laundering Convention: A recent example of a developing international criminal law

Conclusion With the Laundering Convention, the Council of Europe has contributed once again to the development of the international criminal law and to the promotion of international criminal law cooperation. The Council has shown that it is possible to elaborate a complex, highly technical convention within a period of less than a year so long as the political will exists. It is now a matter for the individual member states and other states to sign, if they have not done so, or to ratify, if they have already signed the convention. The future of the Laundering Convention lies in the hands of those states that have responsibility for its application. An efficient tool for international criminal law cooperation has been created-it must now be used.This is a revised version of a paper presented at an international workshop on Principles and Procedures for a New Transnational Criminal Law, organized jointly by the Society for the Reform of Criminal Law and the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991. The opinions expressed are those of the author and not necessarily those of the Council of Europe.Juris kandidat, Uppsala University 1979. The author was Secretary to the Council of Europe expert committee that elaborated the Laundering Convention.