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1.
Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international
problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of
domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction
of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or
crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national
implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned
in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts.
Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin
by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of
organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and
domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of
international criminal law and an illustration of how far current international legal institutions remain from ideal justice. 相似文献
2.
Michelle Madden Dempsey 《Criminal Law and Philosophy》2018,12(4):641-656
This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic criminal law, and briefly outlines possible explanations for this disparity. 相似文献
3.
叶小琴 《南京大学法律评论》2011,(2):277-285
刑法的大趋同是指不同国家的刑法文化、刑事立法或刑事司法趋于相似或一致的现象。通过引入外国刑法理论、移植外国刑法制度、缔结或参加国际条约等方式,刑法的大趋同现象在当代中国已经形成。这一现象的形成具有两方面的基础,其一是国际基础,包括西方法系的开放性、人权事务的国际化、刑法的国际法化、刑法的区域化;其二是国内基础,包括改革开放的基本国策和中国其他法律部门中趋同现象的多米诺骨牌效应。进一步对国际国内基础的关系进行探讨可以得出结论:刑法的大趋同在当代中国形成之根本基础是自主的刑法趋同化。 相似文献
4.
Out of Africa: The human trade between Libya and Lampedusa 总被引:1,自引:0,他引:1
Smuggling and trafficking in persons is ipso facto illegal. Is this criminal activity organised or diffuse? Recent objective indicators show that between 2000-2005 the reported incidence of people trafficking and smuggling from North Africa to Europe has escalated. The article examines the nature of criminality involved in people smuggling and trafficking with specific reference to the sea route between Libya and the Italian island of Lampedusa, 180 miles north of the Libyan coast. In 2006 almost 19,000 illegal migrants arrived on this small island. Recent major operations conducted by the Italian anti-mafia unit and the state police suggest transnational criminal organisation of the trade. The networks involved in this trade, however, do not conform to mafia-like hierarchical organisations but rather smaller, more complex and fluid criminal networks. The article aims to cast light on how people are smuggled and trafficked. The background to the rise in illegal immigration from Libya is sketched underlining the ‘push’ and ‘pull’ factors involved in the human trade. The article’s chief objective is to provide a greater understanding of the mechanisms and processes involved in smuggling/trafficking. A better knowledge of the processes involved is vital if domestic, regional and international authorities and bodies are to counter the practice and/or to formalise it. 相似文献
5.
Matilde Ventrella McCreight 《European Law Journal》2006,12(1):106-129
Abstract: The European Union aims to develop a European criminal justice to combat cross-border crimes of smuggling of migrants and trafficking in human beings. This article focuses its attention on European Community/European Union (EC/EU) law and on two Member States, Italy and the United Kingdom (UK). The findings show that there are diversities and ambiguities in the definition of irregular migration. On the contrary, the EU and Member States should concentrate their efforts on the two crimes of smuggling of migrants and trafficking in human beings rather than criminalising irregular migration. 相似文献
6.
Roxane de Massol de Rebetz 《Law & policy》2023,45(2):137-158
The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting through Belgium in their journey to the United Kingdom. By focusing on the multilayered nature of the issue, the distinct legal regimes and the various actors involved, the article argues that the jurisdictional separation of the realms of criminal and administrative law enables a decision to mobilize a set of law over or in combination with another. The article explores the situation at the local and national scales and, as jurisdictions overlap and competences are scattered between distinct entities and actors, specific attention is paid to “passing the buck” behaviors and discourses which have substantial consequences for the situation of migrants in transit in Belgium. 相似文献
7.
Heli Askola 《European Law Journal》2007,13(2):204-217
Abstract: This article examines the evolving EU policy against human trafficking, especially trafficking that targets migrant women for sexual exploitation. It maintains that even though action against trafficking is now firmly on the EU agenda, current policies excessively focus on repressive measures and lack attention to the broader setting in which the exploitation of migrants takes place. This means that current EU anti-trafficking policy remains ineffectual, and may in some cases even be counterproductive. 相似文献
8.
Andreas Schloenhardt 《Crime, Law and Social Change》1999,32(3):203-233
The trafficking of migrants around the world hasbecome a multi-billion-dollar business for criminalorganisations. Over the last ten years, thousands ofmigrants have been moved illegally acrossinternational borders with the assistance ofprofessional trafficking organisations.The increasing number of people forced or willing tomove abroad as well as the restrictions placed onlegitimate migration systems have translated intoorganized crime. Around the world, traffickingorganisations have learned to take advantage of thisstructural inequality, creating sophisticated channelsof illegal migration while exploiting those forced orwilling to migrate.This article seeks to examine traffickingorganisations in light of the most recent theories andinterpretations of organized crime, that is theeconomic analysis of transnational criminalorganisations. With respect to the elaboration offuture countermeasures on national, regional andinternational levels, the aim of this article is toidentify more precisely the major organisational andoperational features of the migrant traffickingbusiness.The article begins with an introductory discussion ofthe economic approach to organized crime in part 1.Part 2 analyses the illegal market in which criminalorganisations, in particular traffickers, operate.This provides the working basis for the examination ofthe migrant trafficking organisation in part 3 of thearticle. 相似文献
9.
Sarah H. Krieg 《European Law Journal》2009,15(6):775-790
The fight against trafficking in human beings has been high on the political agenda of international organisations, regional organisations and states for more than a decade. The European Union (EU) and the international community continuously reaffirm their commitment to work jointly in countering the phenomenon. After years of arguing over a common definition and approach that culminated in the first international definition in 2000, it could be assumed that the international and European definitions solve the issue of how to define and counter trafficking in human beings. Still, the debate on how to understand and approach the problem has not ceased to exist. In particular, the dominant opposition between a rights-based and a law enforcement approach has not been dissolved by calls for holistic or multi-faceted approaches. The aim of this article is to identify the approach taken by the EU, looking out for conceptual (in-)consistencies, underlying assumptions and convictions. The rationale guiding EU action is extracted and questioned by disclosing silenced aspects and contrasting them to their reappearance in other legal instruments. It is argued that the humanitarian intentions of victim protection are overshadowed by general anti-immigration conveniences. The approach taken by the EU not only provokes the somewhat artificial opposition between innocent victim and guilty migrant, but it can easily fall prey to deeply entrenched gender and racial stereotypes. 相似文献
10.
"黑哨"、"黑球"与"伤熊"行为的刑法学思考 总被引:8,自引:0,他引:8
本文针对在我国各界引起重大反响的"黑哨"、"黑球"与"伤熊"行为进行了深入的刑法学思考.通过严谨的分析论证,作者认为裁判属于"其他依照法律从事公务的人员"的范畴,可以视为国家工作人员,其吹黑哨的行为足以构成受贿罪;职业足球俱乐部具有企业性质,其俱乐部的运动员就是该企业的职工,在职业俱乐部之间的比赛中,运动员非法收受他人贿赂而踢黑球的行为可以构成公司、企业人员受贿罪;伤熊行为符合刑法第275条禁止的行为,应当按照故意毁坏财物罪论处. 相似文献
11.
《Global Crime》2013,14(2):93-111
This article revisits the continued existence of organised crime within the Chinese community, with particular reference to snakeheads and the trafficking or smuggling of illegal migrants. This article begins by exploring the history of Chinese organised crime within the United Kingdom and situates its continued existence within an ever more diverse ‘Chinese community’. It then draws on research involving three sets of qualitative data: one set is based on 60 interviews with law enforcement personnel based in China and the United Kingdom as well as key stakeholders within the Chinese community; the other set is based on structured questionnaires issued to 25 Chinese residents currently illegally residing in the United Kingdom; the final set is a review of the five free Chinese newspapers analysed over a 2-week period for relevant advertisements relating to migration. It then explores the mechanisms which enable illegal migrants to obtain criminal employment and discusses the motivations of those involved. 相似文献
12.
Hukou Status and Sentencing in the Wake of Internal Migration: The Penalty Effect of Being Rural‐to‐Urban Migrants in China
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While the disparate legal treatment of immigrants in Western jurisdictions has been well documented in sociolegal scholarship, the potential legal inequality experienced by rural‐to‐urban migrants in China, who have become China's largest disadvantaged social group, has not garnered much attention. To fill the gap, this article empirically examines sentencing disparities related to the Hukou status of criminal offenders by employing quantitative data on criminal case processing in China. The results of our analysis reveal that rural‐to‐urban migrant defendants are more likely to be sentenced to prison than their urban counterparts. In addition, the penalty effect of being a rural‐to‐urban migrant is further magnified in jurisdictions with a larger concentration of migrants. Our findings suggest that discrimination against rural‐to‐urban migrants has become an emerging, significant form of legal inequality in China's criminal justice system, refracting and reinforcing the deep‐seated structural inequality associated with Hukou status in China. The research and policy implications of these findings are discussed. 相似文献
13.
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。 相似文献
14.
Yvon Dandurand 《Police Practice and Research》2017,18(3):322-336
AbstractHuman trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies. 相似文献
15.
国际法学作为近代欧洲国际关系的产物于鸦片战争后传入中国。由于国际法学和中国近代国情的特殊性,国际法学在中国近代的成长缓慢而艰难;随着民族运动的高涨和中华人民共和国的成立,中国成为一个真正的国际法主体,国际法学在中国的成长迈出了新的步伐,逐渐有了自己的国际法学体系,并对国际法学的理论做出了贡献。 相似文献
16.
Paul Oluwatosin Bello 《Contemporary Justice Review》2018,21(2):140-158
This article evaluates the response of the criminal justice system of Nigeria and South Africa in relation to human trafficking, and offer suggestions on pragmatic steps that can be taken to combat its scourge. Over the years, concerted efforts have been made to develop effective, and internationally coordinated approaches to combat the phenomenon at the national, regional and continental levels, but unfortunately, such conscientious have not yielded the desired results. Nigeria and South Africa have criminalised the menace by enacting anti-trafficking laws, but these regulations have not been able to adequately stem the tides of the crime, considering its rising profile in recent times. The reason (among others) is essentially due to the fact that these laws are selective, and not all-inclusive. Policy makers in both countries are merely formulating and adjusting strategies on an experimental basis. Though there is improvement in inter-agency cooperation within each country, but there is a wide gap in cross-national cooperation. The author draws on evolving international standards to propose six fundamentals of an effective criminal justice response to human trafficking that can be adopted by these two countries. 相似文献
17.
International criminal law is normally seen as the purview ofcriminal prosecutions, either internationally or domestically.However, international criminal law is also increasingly beingapplied in refugee law. This is because the 1951 Refugee Conventioncontains an exclusion clause prohibiting asylum seekers fromobtaining refugee status if they have committed a crime againstpeace, a war crime or a crime against humanity. Thus, refugeelaw refers back to international criminal law; however, whileinternational criminal tribunals deal with persons who bearthe greatest responsibility, in actual practice persons whohave been excluded from refugee protection have been mostlyfrom the lower echelons of organizations involved in atrocities.This article, based on Canadian case law, examines the conceptsof complicity, aiding and abetting and joint criminal enterprisefrom both an international criminal law point of view and froma Canadian refugee law angle, in order to determine whetherthese notions have similar contents in the two jurisdictions. 相似文献
18.
我国刑法关于强制亵妇女罪的规定反映了行为的强制性与公然性相统一的特点。体现了刑法的严厉性与宽容性相济的精神。该罪客体是复杂客体。 相似文献
19.
Georgios Papanicolaou 《Trends in Organized Crime》2008,11(4):379-409
Using the concept of global prohibition regimes as an analytical point of departure, this article interrogates the development
and results of the agitation campaign that relayed the new global prohibition regime against trafficking for sexual exploitation
in Greece after 1995. In line with the international trend towards the issue of trafficking in the 1990s, the Greek campaign
has been successful in shaping perceptions of the change in the Greek sex industry on the basis of an equation of prostitution,
trafficking and transnational organized crime, and it also successfully capitalized on transnational supports to induce changes
in legislation and public policy. However, a critical examination of the Greek situation suggests that there is a considerable
discrepancy between the above conceptualisation and the knowledge of the issue emerging from the activities of criminal justice
agencies. The examination of the general conditions of economic exploitation and social marginalization of migrants in Greece
in the 1990s and after reveals significant homologies between the social organization of the sex industry and other sectors
of the economy that have depended on migrant labour. This result underscores the nature of the idea of organized crime as
an ideological construct acting as a diversion from more substantive paths of inquiry into the structures of national economy
that bear upon the exploitation of sexual labour.
相似文献
Georgios PapanicolaouEmail: |