Trends in Converted Firearms in England & Wales as Identified by the National Firearms Forensic Intelligence Database (NFFID) Between September 2003 and September 2008

Abstract: The National Firearms Forensic Intelligence Database (NFFID © Crown Copyright 2003‐2008) was developed by The Forensic Science Service (FSS) as an investigative tool for collating and comparing information from items submitted to the FSS to provide intelligence reports for the police and relevant government agencies. The purpose of these intelligence reports was to highlight current firearm and ammunition trends and their distribution within the country. This study reviews all the trends that have been highlighted by NFFID between September 2003 and September 2008. A total of 8887 guns of all types have been submitted to the FSS over the last 5 years, where an average of 21% of annual submissions are converted weapons. The makes, models, and modes of conversion of these weapons are described in detail. The number of trends identified by NFFID shows that this has been a valuable tool in the analysis of firearms‐related crime.     

State and Local Prevalence of Firearms Ownership Measurement, Structure, and Trends

Of the readily computed proxies for the prevalence of gun ownership, one, the percentage of suicides committed with a gun, is most highly correlated with survey-based estimates. It is the best choice for use in cross-section analysis of the effect of gun prevalence on crime patterns across states and larger counties.Analysis of this proxy measure for the period 1979–1997 demonstrates that the geographic structure of gun ownership has been highly stable. That structure is closely linked to rural tradition. There is, however, some tendency toward homogenization over this period, with high-prevalence states trending down and low-prevalence states trending up.     

Firearms regulation,violence and the mentally ill: A contemporary Antipodean appraisal

As recent cases of mass murder at Utoya Island in Norway, and in the United States (US) at Virginia Tech, Virginia; Tucson, Arizona; Aurora, Colorado; and Newtown, Connecticut all illustrate, acts of extreme violence involving high powered weapons and committed by persons with a presumed or confirmed mental illness tend to arouse intense public and political debates about the efficacy of firearm regulation and control. Following these tragedies, in the US at least, various law reform measures have been proposed and in some cases implemented designed principally to make it more difficult for mentally ill persons to gain access to firearms. In this article it is contended that measures like these are at best tinkering with the margins of gun control and also have the tendency to reinforce the stigma and discrimination experienced by persons with a mental illness, while perpetuating stereotypes of them as dangerous to themselves and others. Despite these limitations, and while firearm regulation policies and practices vary widely across the globe, most nations still seek in some way to limit access to guns by persons with a mental illness. This article explores in more detail how such policies and practices have been applied in the Australian State of New South Wales and the lessons to be learned elsewhere from this experience.     

从仰融案看跨国诉讼中的国家豁免问题

就仰融、仰融夫人及香港华博财务有限公司诉辽宁省政府非法侵占财产权一案,在中美法律学界引起极大关注,它涉及诸多法律问题,如管辖权问题、出资认定问题、国企的法律地位问题、商业交易的认定问题等,其中,国家主权豁免的标准及其适用成为关注的焦点。     

The Argument from Transnational Effects II: Establishing Transnational Democracy

This article continues with a discussion of what the author calls the argument from transnational effects. It says that supranational or transnational forms of integration, in particular market integration, are desirable on account of democracy itself. National democracies find themselves thereby forced to confront and to internalise the externalities that they cause for each other. A fortiori, democracy becomes supposedly emancipated from the confines of the nation state. This article examines the argument critically at a general level. The situation under consideration concerns all cases in which, regardless of whether there is movement or not, the acts of one democracy adversely impact on the interests of others. The article tries to identify instances where the harm is tied to a failure of representation in a transnational context and not caught by the harm principle, broadly understood. In order to calibrate the argument's scope the article resorts to the principle of universalisation. The guiding intuition is that so long as the act of one democracy is morally justified on the basis of this principle, the argument from transnational effects does not apply. Hence the argument is of no avail where the impact of one democracy on another is perfectly legitimate. This would be the case, for example, when the effects are too insignificant to require any debate. Determining the range of legitimate impact is a core question of transnational constitutional law. Any such determination presupposes mutually shared interest definitions. More often than not, however, the relevant interest definitions underlying universalisation are debatable. Therefore, it appears to be inevitable, at first glance, to have relations of transnational interdependency matched by transnational democratic processes. The article then goes on to identify three different types of universalitation with reference to what can be regarded as their respective anchor. Simple universalisation is based upon shared interest definitions. Reflexive universalisation involves common views of oneself (and others). Self‐transcending universalisation is grounded in the desire to live in a free society. Reflexive universalisation requires to extend mutual sympathy. From this perspective, transnational democratic processes are tantamount to nation‐building. However, one would commit a sentimentalist fallacy if one were to conclude that mutual sympathy in and of itself engenders an expansion of mutual responsibility. The article argues that with regard to the third type of universalisation the institutionalisation of transnational democratic procedures cannot be justified. It would threaten to undermine various conceptions of a free society. It is argued that for the sake of the realisation of equal citizenship the argument from transnational effects actually needs to endorse the existence of bounded democratic communities. Unbounded transnational democracy would exercise an adverse effect on citizenship. It also turns out that the argument from transnational effects, in its uncorrected form, remains haunted by the dilemma that the type of democracy that is envisaged by it becomes easily absorbed by administrative processes. The article concludes that the argument from transnational effects, correctly understood, has a more modest import than its proponents would have us believe. Rather than supporting the release of democracy from its national bounds, it helps to explain why the co‐existence of bounded democratic polities remains essential to equal citizenship. More forceful versions of transnational integration graft onto political societies elements that are not genuinely democratic and strangely reminiscent of different forms of rule. These are forms of rule that Aristotle would not have called ‘political’, for they do not involve the exercise of power by equals over equals.     

Three Principles of Transnational Corporate Bankruptcy Law: A Review

Abstract: After having discussed the weaknesses of the universalist and territorialist approaches to transnational corporate bankruptcy law, this article argues that a free‐choice régime could combine the advantage of ex post value maximisation of the firm's assets with a comparatively higher degree of ex ante predictability to investors. In addition, it could lead to a better alignment between corporate ownership structures and corporate bankruptcy régimes. Moreover, a free‐choice régime could potentially open the door for regulatory competition in corporate bankruptcy law. However, EC Regulation 1346/00 on insolvency proceedings implements a system of modified universalism, which allows for strategic ex post forum shopping by debtors while keeping the national legislatures’ monopoly in the field of corporate bankruptcy in place. It is suggested that even though it cannot be predicted that a free‐choice régime will pressure state lawmakers to improve their corporate bankruptcy laws, a system of free choice could redirect the law‐making agenda in the EU by focusing the coordination efforts of lawmakers on those issues—such as security interests in property and statutory priority rights—which could negatively affect the proper functioning of the Internal Market, while enabling Member States to customise corporate bankruptcy laws to local preferences and needs.     

Supernumerary Pregnancy, Collective Harm, and Two Forms of the Nonidentity Problem

An interesting question, in both the moral and the legal context, is whether babies born of an infertility treatment-induced supernumerary pregnancy (or ITISP) are properly considered to have been harmed. One might wonder how such a question could even arise in the face of data that clearly demonstrate that ITISP leaves an unduly large number of babies blind, deaf, and palsied, and facing lifelong disabilities. In fact, however, a number of arguments, based on the problem of collective form and two forms of the so-called "nonidentity problem," challenge the claim of harm in the ITISP context. The purpose of the present paper is to establish, as against these arguments, that harm has been imposed on the ITISP-damaged offspring.     

社会危害性理论：进一步的批判性清理

社会危害性理论是苏联刑法学的遗产之一,它至今仍在我国刑法学上占据着统治地位。基于罪刑法定原则,本文对社会危害性理论作了进一步的批判性清理。本文对社会危害性的形成史进行了历史考察,对犯罪概念,包括形式概念、实质概念与混合概念进行了法理辨正,指出了社会危害性与刑事违法性之间的相悖性,由此形成犯罪认定中犯罪构成的形式判断与社会危害性的实质判断之间的对立性,并对犯罪构成体系中的社会危害性观念作了评析。     

A Criticism of the International Harm Principle

According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a ‘widespread or systematic attack’ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry May’s International Harm Principle, which states that crimes against humanity are those that somehow ‘harm humanity.’ I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with May’s account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability.     

Beyond Doing No Harm: A Call for Participatory Action Research with Marginalized Populations in Criminological Research

While most social scientists agree that the outcome of research should be useful in the real world, the idea that research can, and should, be empowering and directly useful to research participants has largely been limited to the margins of a few social science disciplines. While community psychologists and critical sociologists have long embraced participatory research and co-operative inquiry approaches—where the empowerment of research participants is as important as the contribution to knowledge and policy development—criminologists have been slow to adopt more emancipatory research models except for a few notable exceptions. This essay calls for the use of participatory action research by criminologists and for us to have a dialogue about the social value of our research and our obligations to research participants beyond “simply doing no harm.”

---

Risky Firearms Behavior in Low-Income Families of Elementary School Children: The Impact of Poverty, Fear of Crime, and Crime Victimization on Keeping and Storing Firearms

This report examines possession and storage of firearms in low-income urban families with at least one child between 8 and 12 years of age. The data primarily consisted of responses to a survey administered to parents, but these data were supplemented by records obtained from discussion groups composed of children between 8 and 12 years of age. The data were collected from five low-income neighborhoods in a medium sized city in the Pacific Northwest as part of a larger study focusing on the presence of risk factors for substance abuse, violence, and gang activity. All five neighborhoods are known to be plagued by poverty, violence, substance abuse, and gang activity. To make our findings more understandable, we compared our findings from these neighborhoods to similar data from a middle-class neighborhood. Middle-class parents were twice as likely to have firearms in their homes, but were much less likely to keep them loaded and/or unlocked. High rates of victimization, fear of crime, self-protective behavior, and exposure to threats or attacks were associated with keeping firearms for protection and engaging in risky gun behavior in the home.     

State Aid and Taxation of Transnational Companies: A Study of State-Corporate Crime

This study examines the taxation of transnational companies from the perspective of state-corporate crime. As in Sutherland’s pioneering study on white-collar crime, the author relies, in this case, on administrative decisions issued by the European Commissioner for Competition regarding Fiat and Starbucks. According to the Commissioner, the tax advisors of these organizations prepared and submitted special tax rulings on behalf of their clients that were granted by the Luxembourg and Dutch tax authorities, respectively. However, these tax rulings were considered illegal under European law, as they constitute state aid. Therefore, the Commissioner fined Fiat and Starbucks. In this inquiry, state aid from tax rulings is conceived as a process of capital accumulation that arises from states’ regimes of permission based on the interactions between public sector and private sector actors. Thus, an observable symbiosis between tax authorities and transnational companies allowed the latter to use tax regulations in a manipulative way, while the former exercised weak/undue control. This study also unveiled the criminogenic role of tax advisors, an industry that is rarely held accountable for their actions.     

跨国电子商务与营业税--中国的选择

中国营业税立法中以劳务发生地为标准的管辖权规则 ,以税务代理和反向征税为主的征收方法 ,都不能完全规范电子商务下的营业税问题。我们应该坚持税收中性原则 ,站稳我国电子商务进口大国的立场 ,对税收管辖权和征管方法作出适时的调整     

我国地方非政府组织发展的问题与对策研究

伴随着改革的深入、社会化程度的不断提高及政府职能的转变,非政府组织的发展及规范化问题,已经提到政府管理的议程上来。迫切要求地方政府加强对非政府组织的管理,并同政府的改革与职能转变相结合,积极培育和发展社会的非政府组织。本文从非政府组织的数量、规模,非政府组织自身能力、特点以及国际化程度等方面分析了存在的主要问题,并提出了政府在法律环境、管理体系、社会化服务体系和非政府组织的自律机制等方面的应对措施。     

A Community Problem

Creating acceptance that substance abuse is a community problem requiring comprehensive response is crucial to this nation's “War on Drugs.” Only the community can bring about the fundamental changes, attitudes, and behaviors that will significantly reduce our demand for drugs. Only the community can develop and sustain accessible programs that, over time, will successfully prevent and control drug abuse to create a social environment in which all of its members can live.     

School-Based Prevention of Problem Behaviors: A Meta-Analysis

This study examines the features of effective school-based prevention of crime, substance use, dropout/nonattendance, and other conduct problems. It summarizes, using meta-analytic techniques, results from 165 studies of school-based prevention activities that ranged from individual counseling or behavior modification programs through efforts to change the way schools are managed. The results highlight several inadequacies in the existing research for guiding policy and practice, the most notable of which is that many popular school-based prevention approaches have not been well studied to date. The study shows, however, that school-based prevention practices appear to be effective in reducing alcohol and drug use, dropout and nonattendance, and other conduct problems. The size of the average effect for each of the four outcomes was small and there was considerable heterogeneity across studies in the magnitude of effects, even within program type after adjusting for measured method and population differences. Non-cognitive-behavioral counseling, social work, and other therapeutic interventions show consistently negative effects, whereas self-control or social competency promotion instruction that makes use of cognitive-behavioral and behavioral instructional methods show consistently positive effects. Also effective are noninstructional cognitive-behavioral and behavioral methods programs. Environmentally focused interventions appear to be particularly effective for reducing delinquency and drug use.     

Taxation of Electronic Commerce: A Developing Problem

The rapid growth of e-commerce, especially the sale of goods and services over the internet, has fuelled a debate about the taxation regimes to be used. The shift from a physically oriented commercial environment to a knowledge-based electronic environment poses serious and substantial issues in relation to taxation and taxation regimes. Tax administrations throughout the world face the formidable task of protecting their revenue base without hindering either the development of new technologies or the involvement of the business community in the evolving and growing e-market place. Concerns of governments centre on the impact of e-commerce on the state and local revenue. Whereas states can impose a tax on residents' purchases from out-of-state vendors, they cannot impose an obligation on those vendors to collect the tax unless the vendor has a substantial presence, or nexus, in the state. These problems will be greater for developing countries. The shrinking of the tax base will have a disproportionate effect and further jeopardize the already fragile economy of the developing world.