“口供”定罪绑架犯被判极刑

"重证据,重调查研究,不轻信口供",这是我国法律一贯遵循的原则.但是,发生在5年之前的一起绑架杀人案,由于吉林省吉林市警方明察秋毫,广泛取证,调查入微,在无法找到被害人尸体的情况下,审判机关依据公安机关的审讯录像,将被告人处以极刑.2002年国庆节前夕,现年29岁的绑架杀人犯姜琳被押赴吉林市郊的黑沙岭刑场执行枪决.随着一声清脆的枪响,一个罪恶的生命宣告终结.至此,杀人犯姜琳成了吉林省建国以来第一例没有找到被害人尸体而被执行枪决的杀人犯.     

58位业主怒讨500万租金——广州上下九"名汇商城"返租商铺业主维权一幕

用高价格以捆绑承诺返租的方式促销商铺,是一种变相融资快速取得资金的方法。小业主在购买时得到开发商的承诺:在三到五年内,业主所购买的商铺由开发商向业主支付租金, 由开发商统一经营管理。因此,高价卖铺实现促销后,开发商是否兑现承诺, 便成了检验开发商是否诚信的一个标准。     

能吏牛启忠的巨蠹蜕变

牛启忠,一位从沂蒙老区走出来的干部,从民办教师、电影放映员一步一步成长为枣庄市市委常委、枣庄市薛城区区委书记、滕州市市委书记,后在山东省信息产业厅等多个省直部门担任领导职务,直到成为山东省工商行政管理局党组书记、局长. 2015年4月22日,牛启忠看似顺利的仕途戛然而止.2015年9月10日,牛启忠站在了东营市中级人民法院被告席上,接受法庭的审判.     

“五毒”官员蒋尊玉

5月16日,59岁的蒋尊玉,戴着黑框眼镜,身穿灰色圆领短袖衫,在法警押送下,走上广州市中级人民法院的被告席.经过座无虚席的旁听区时,他还不时左右张望. 这名深圳市原市委常委、政法委书记,是十八大后深圳政坛落马的最高级别官员.在一线办案人员的眼中,蒋尊玉是一位“五毒俱全”的官员.他与深圳市多位房企老板关系密切,这些人时时环绕他左右,为他安排赌博、嫖娼,甚至安排他的情妇堕胎;他的前妻、女儿、女婿、亲家、妻妹甚至女婿的舅舅,都因腐败被调查;另外,他还隐瞒自己的“裸官”身份.     

艺术品:盗贼觊觎的目标

世界第三大黑市交易 　　这是当今一个人们并不陌生的故事:一个穷凶极恶的艺术品收藏家雇用了一伙技艺高超的盗贼,身穿黑色的高翻领衣衫,去偷盗一件稀有的无价艺术品.他们从背包中拿出登山用的绕绳下降器具,以生死置之度外的惊险动作,从具有高度警卫措施(通常装备了红外线装置)的博物馆里偷出名画.这些飞贼然后将窃得的油画交给指使他们干这一勾当的事主,而后者则将名画挂在自己私宅的密室中独自欣赏.……     

“川师大命案”是一道选择题

在2016年五四青年节这天,一场关于两个年轻人的悲剧再度被提起. 这两位年轻人是四川师范大学杀室友案当事人,一位是受害者芦海清,另一位是这起命案的制造者滕刚. 芦海清和滕刚都是甘肃省白银市人.2015年秋季开学时,这两位穿越过人生荆棘丛的“95后”入读四川师范大学并成为室友. 命运对芦海清布下荆棘丛的时间,是在他两岁那年.这一年,他失去父亲;紧接着,他的母亲改嫁.为此,他被同住一个山村的伯父一家收留.对他视如己出的伯父一家,几乎举全家之力将他托举为一名学音乐的大学生.     

以公正效率为“天平”增辉——西安市“人民满意的政法单位”灞桥区人民法院民二庭改革纪实

纵观古今，横看中外，法律为社会稳定之根本。是非曲直之争，善良邪恶之界，以法判定；惩恶扬善，法不以强而惧，不以弱而弃，惟以公正为本，故被世人喻为“天平”。法官，以执法、护法，维护公正为天职，因而恶者惧，善者敬。在改革开放的大潮中，西安市灞桥区人民法院民二庭这个人民满意的先进集体，一个年青化、知识化，充满活力，讲求效率的法官群体。他们热爱自己神圣的职业，不断适应新形势，努力奋进、勇于创新，在匡扶正义、扶弱助贫、惩治邪恶中树立起威严形象；他们在审判程序改进探索中，讲求效率，调解纠纷、化解矛盾、稳定一方社会，赢得了人民群众的信赖；他们把自己的事业，融汇到改革开放的大潮之中，把爱民惠民，为民服务宗旨落实到审判工作之中；他们开拓创新的步履伴随着时代前进，在创建和谐、文明社会的进程中，忠于职守以公正效率使天平生辉，用忠诚和智慧谱写出了时代的护法新篇章。     

囚犯的人格雕塑

在周浦监狱的高墙电网下,有一块点缀着各种雕塑动物的草坪.它们中有蹀躞绿茵,姿态各异的梅花鹿,有闲憩信步、左右顾盼的羊群,还有嬉戏草丛的兔子和展翅欲飞的天鹅,当然,最吸引眼球的是那傲居高处雄视一切的獬豸,因为,它代表着司法公正,显示着一种凛然的权威和不可侵犯的尊严.     

认真学习和贯彻中央领导同志的指示精神努力开创法学会工作的新局面——在中国法学会四届三次理事会上的讲话

党中央十分重视我们庆祝建会五十周年的活动。江泽民、李鹏、朱镕基、李瑞环同志题了词,发了贺信、贺词,尉健行、罗干同志代表党中央出席了庆祝大会,尉健行同志代表党中央作了重要讲话,给了我们宝贵的指示、亲切的关怀和巨大的鼓励。中央领导同志的题词、贺信、贺词和讲话,为中国法学会的工作指明了前进方向,提出了明确的目标和任务。我们要认真学习好、贯彻好、落实好中央领导同志的指示精神,     

11名"公检法"串通渎职

一起本该严惩罪犯的轮奸大案,罪犯的父亲极力打点四处疏通,在金钱和人情的夹击下,竟由人大主任出面斡旋,副检察长、法院副院长、起诉科长、到普通法官、检察官、公安民警等11名手握重权者联合"运作":受害人"变成"卖淫女,轮奸变成强奸,罪行越来越轻,最后竟判缓刑导致罪犯逃窜!难道苍天真的能蒙上"眼睛"?这起案子最终如何收场? ……     

中美知识产权"刑事门槛"争端的法律问题

In April 2007, the United States filed an application with the DSB of WTO with respect to the issue of criminal law protection mechanism of intellectual property rights in China, which was the first dispute accepted by the DSB arising out of the issue of criminal law protection mechanism of intellectual property rights. The core of the dispute of the case is how to interpret the “commercial scale” under Article 61 of the TRIPS Agreement as the “criminal threshold”. It can be seen from the practice of the interpretation of the DSB that while each WTO member is entitled to interpret the term “commercial scale”, the boundary of interpretation is subject to Article 61 of the TRIPS Agreement. It is unnecessary for China to lower her “criminal threshold”, since China’s criminal law protection in intellectual property policy is in compliance with the TRIPS Agreement. In fact, the United States should change from lowering the criminal threshold to how to strengthen the criminal crackdown on piracy under the circumstance of lowering the price of genuine works when imposing pressure on China in the protection of intellectual property rights. He Xiaoyong, Ph.D, is presently a professor in the Faculty of International Law in the University of East China University of Political Science and Law. He studied as a visiting scholar at the University of San Francisco (2001). He was awarded a Chevening Scholarship in 2002 sponsored by British Council and Shanghai Outstanding Teacher Award in 2004. He has released more than 80 academic articles on WTO issues and international financial law, and his monographs include Legal Aspects on Supervision under Financial Globalization (2002), International Trade Dispute Settlement and China’s Perspective: Under the WTO framework (2006) and new issues under the WTO (2008).     

试论"超越法律"的企业社会责任

The corporate social responsibility “beyond law” is the responsibility of enterprises beyond the mandatory obligations by force of law but in line with social values and expectations. Indeed, the legal norms on such kind of responsibility are “soft law”, which mainly incorporate social values and expectations in corporate business behaviors and governance structure, so as to realize corporate “self-regulation”. By protecting the substantive and procedural rights of stakeholders and improving their negotiation power, the “soft law” aims at realizing the spontaneous confrontation and balance of the market, and the corporate reputation mechanism and the functions of NGOs adds much to the performance of corporate social responsibility. He Zhaodan, Economics Doctor of Sun Yat-Sen University, mostly focuses on Law and Economics. She has published six research articles in the academic journals of China.     

我国刑事赔偿制度之改革

In reference to the United Nations International Covenant on Civil and Political Rights (hereinafter referred to “the Covenants”), the state compensation system of China in criminal justice shall be reformed as such: Compensation for a miscarriage of justice should not be determined by the results of first instance or second instance, but no guilty through retrial in the final trial upon finding of new evidences. If policemen, prosecutors and judiciaries take lawful measures, causing loss to the suspected due to arrest, detention or other enforcement in the criminal proceedings, the suspected should not get the state compensation for that even if he is decided no guilty in the final trial. If the suspected is cooped up illegally, he should get the state compensation even if being decided guilty finally. The measures of search and seizure should be included in coercive measures, hence differentiating the lawful search and seizure and the unlawful infringement of the property rights. Yang Yuguan, Professor of the Procedure Law Institute in China University of Political Science and Law, whose research mainly covers procedure law and human rights law. He wrote many books and essays, for instance, “Computer and Crime” (1986), “On Plea Bargaining” (1986), “Basic Education in Prisons in China” (1995), “The United Nations Crime Prevention and Criminal Justice Policy” (1996), “On the Ratification and Implementation of the International Covenant on Civil and Political Rights” (2000), “On Hearsay” (2001), “On Exclusionary Rule” (2002), “Human Rights Law: Study On International Covenant on Civil and Political Right” (2003), “The International Criminal Court: Idea, reality and Prospective” (2007), “Death Penalty Control with Procedural Law” (2006), “On Due Process of Law and Human Rights Protection” (2005). He was once a researcher fellow of Ministry of Justice of China, a member of the Crime Prevention Branch of the United Nations Office at Vienna, and an editor-in-chief in some books, such as “The United Nations Criminal Justice Norms and Standards”, “The United Nations Human Rights Treaty Bodies and their Comments”, “A Study On UN Convention of Anti-corruption”.     

Micro-models of criminal careers: A synthesis of the criminal careers and life course approaches via semiparametric mixed poisson regression models,with empirical applications

Much recent research and debate in criminology have centered around how to conceptualize and model longitudinal sequences of delinquent and criminal acts committed by individuals. Two approaches dominate this controversy. One originates in thecriminal careers paradigm, which emphasizes a potentialheterogeneity of offending groups in the general population—thus leading to a distinction between incidence and prevalence of criminal offending, a focus on the onset, persistence, and desistence of criminal careers, and the possibility that criminals are a distinctive group with constant high rates of offending. Another approach places criminal events within a broader context ofstudies of the life course by explicitly substituting the conceptualization of “social events” for that of “criminal careers”. With respect to analytical models, this approach emphasizes a potentialheterogeneity of offenders with respect to order of criminal events from first to second to higher orders and thus suggests an analysis of the “risks” or “hazards” of offending by order of offense. Some extant commentaries on the criminal careers and life course approaches to conceptualizing and modeling longitudinal sequences of delinquent and criminal events committed by individuals have emphasized their differences and incompatibilities. In contrast, we apply recently developed semiparametric mixed Poisson regression techniques to develop conditions under which the two conceptual/modeling approaches are formally equivalent. We also modify the semiparametric mixed Poisson regression model of criminal careers to incorporate information on order of the delinquent/criminal event and develop an empirical application. This modification demonstrates the complementarity of the criminal careers and life course approaches, even though they have somewhat different foci.     

Law and criminal labels: The case of the French Métis in Western Canada

This paper examines the conflicts engaged in by the French Metis of Western Canada with the imperial state during the 19th century. More specifically, it is argued that the application of criminal labels corresponded to the level of struggle between the two parties. In the case of the conflict between the Metis and the H.B.C, “economic” forms of crime appeared at the top of the legal agenda. At a later conjuncture, when the legitimacy of imperial apparatuses was threatened, “political” crimes were paramount. Finally, with the ideological, institutional and economic hegemony of the Dominion state, the Metis were designated as “social” criminals. In each of these periods, legal struggles involving the Metis may be understood as surface manifestations of conflicts over political and economic power. This paper has benefited considerably from the comments and substantive work of Ron Bourgeault, from the critique of two anonymous reviewers and from the editorial work of Elizabeth Comack. Further, none of this work would have been undertaken but for the hospitality and comradeship of the faculty and graduate students at the Centre of Criminology, University of Toronto.     

Intention and Attempt

Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the “moral character” or “intentional structure” of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the “continuity thesis,” according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law.     

罪刑法定视域中的刑法适用解释

The judicial interpretation of criminal law should be an application interpretation to individual cases that is guided by judges and participated by the prosecutor and the accused, for which the judicial judgment should be combined with the application of criminal law of specific cases, and the criminal precedents should be as a carrier. The Supreme People’s Court should change from the previous practices of issuing normative and abstract interpretation to the dual approaches of the interpretation of criminal law application through direct creation and indirect acknowledgement. Liang Genlin, Professor and Vice Dean of Law School of Peking University and as a visiting professor of University of Tuebingen (2001–2002). His main research focuses on criminal law and criminal policy, and his important publications include “On the Structure of Punishment”, “Liang Genlin’s Review on Criminal Policy, Volume I, Criminal Policy: Standpoint and Category”, “Liang Genlin’s Review on Criminal Policy, Volume II, the Arm of the Law: Expand and Limit”, “Liang Genlin’s Review on Criminal Policy, Volume III, Criminal Sanction: Manner and Choice”. Besides, he has also published over 40 discourses on criminal law and criminal policy since 1996.     

试论跨国公司的社会责任

As for international direct investment, the transnational corporations are playing a leading role in the fields of international trade, international investment and international intellectual property. In theory and reality, this authors analyze the rationale of the social responsibilities taken by transnational corporations, the main problems in the social responsibilities of transnational corporations and the legislative status, and put forward the functions of the social responsibilities of transnational corporations in promotion of the legal construction of socialist market economy, the reform of the corporate governance and the development of transnational corporations in China. Wang Chuanli, Professor and Doctoral Supervisor of China University of Political Science and Law, Vice-chairman of China Society of International Economic Law, and Vice-chairman of Research Institute of WTO Law (China Law Society), also Arbitrator of China International Economic & Trade Arbitration Commission and Beijing Arbitration Commission. Her main publications are “The Legal Effectiveness of Foreign Economic Contracts”, “International Trade Law of Sales of Goods”, “International Protection of Intellectual Property Rights” and “International Trade Law Government Control on Business”. Moreover, she has published over ten influential discourses on international economic law. In addition, her ongoing research projects include WTO Agriculture Agreement and the Rules of International Agri-products Trade, WTO and International Core labor Standards, and the Role of Judicial Independence of European Court of Justice to Promote the Integration of Europe.     

Seeing the improvement of the criminal trial structure from China’s criminal courtroom arrangements (tribunal design)

The setting of criminal court has become an important representation of the criminal trial structure due to its visual and vivid reflection of the legal position and relations among the three parties of litigation, i.e. the prosecuting party, the advocating party and the judge. As a result of the influence of ancient “inquest” centered trial mode, lack of the defendant’s right to silence and incomplete revolution of the criminal trial mode, the existing criminal court setting features an umbrella shaped structure. To reform the criminal trial structure in China, we should eliminate the air of “inquest” from the existing court interrogation mode, strengthen the hearing of evidence and set up a equiangular triangle shaped trial structure of neutral trial, equality between the prosecuting and advocating parties and litigant oriented. __________ Translated from the Jurist Review, 2005, (2) (in Chinese)     

Democracy, rule of law and human rights protection under gradually developed constitutionalism

With the shifting of the economic pattern and the developing of administrative law, the modern constitutionalism of China has adopted a progressive development process. Over 20 years, the development of democracy, the rule of law and the human rights protection clearly illustrate this point. For the gradually developing constitutionalism, the theory of limited rational is a theoretical basis, the stability of society is a social basis, the changing economic system is a economic basis, and Confucianism is a cultural basis. Constitutionalism of China should continue to go in such an active, steady and gradual way. Wang Zhuojun, Professor and Director of Administrative Affairs of Soochow University (till now) and as a visiting scholar in the Department of Government & Politics, University of Maryland, USA (1996.1–1997.1), whose research focuses on culture, politics and science of law. So far, his publications are “The Political System in the Perspective of Culture”, “A History of Epistemology”, “A Study of the External Economy of China’s Universities”, and his translations include “Introduction to Culture and Anthropology”, “Challenge to Culture from Science and Technology”, etc. Moreover, He has presided several research projects sponsored by The Ministry of Science and Technology of China and the Education Department of Jiangsu Province, China.