性贿赂犯罪化问题的刑法学思考

在物质生活极大丰富的当今社会,权色交易日趋严重,性贿赂已经成为催生腐败,危及国家工作人员职务行为廉洁性的温床,严重阻碍我国民主法治和政治文明的发展。但是,我国现行刑法重点规制物质性利益的贿赂犯罪,对于涉及非物质性利益的性贿赂犯罪问题没有明文规定,法律上的漏洞引起了实践中的茫然。因而,有必要对比古今中外的立法例,详细分析性贿赂犯罪化问题的若干争议,认真考察性贿赂犯罪化的可行性,并从现实角度对现行法律进行重新建构。     

The politics of neighbourhood institutions: The Italian case

This account is part of a larger research effort which is aimed at evaluating the significance for Italian society of the introduction of new government institutions at the neighbourhood level and of identifying the circumstances under which they are likely to be promoted and to succeed. The article looks at which types of neighbourhood government have been instituted and which cities in Italy have taken advantage of the provisions following the national legislation on neighbourhoods passed in 1976. An examination of conceptual models of neighbourhood government, secondary and interview data relating to the debate on the law, and neighbourhood electoral data are brought to bear on the two questions.     

Criminality and Armed Groups: A Comparative Study of FARC and Paramilitary Groups in Colombia

Terrorist groups and armed insurgents regularly exploit illicit markets to launder money, traffic illegal goods, and purchase arms. In such an environment, the line between armed political organizations and criminal groups appears to break down. However, through a comparative study of paramilitary groups and Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia—FARC) in Colombia, this article finds that group goals, the political environment, and membership strongly influence the types of criminal activities a given armed groups undertakes. Thus, the membership and political agenda of sub-state armed groups not only distinguishes them from criminal groups—organized for and motivated by economic gain—but also shapes their criminal behavior.     

Arab Americans’ Opinion on Counterterrorism Measures: The Impact of Race,Ethnicity, and Religion

While domestic and international terrorism have become the focal concern of the U.S. law enforcement and intelligence agencies, little is known about Arab Americans’ attitudes toward counterterrorism policies that center on aggressive law enforcement practices. Using survey data collected from 810 Arab Americans, this study reported the general pattern of support for antiterrorism measures, including surveillance, stop and search, and detention, and examined the effects of race, ethnicity, and religion on measures targeting the U.S. citizens generally and Arab Americans specifically. The results revealed that the majority of Arab Americans showed weak to modest support for aggressive law enforcement practice, especially those targeting Arab Americans. Arab Americans’ attitudes toward antiterrorism measures were significantly related to their ethnic identities and religion with those who identified themselves as Arab Americans and Muslim showing less favorable attitudes toward counterterrorism measures. Arab Americans’ confidence in the federal government was also found to be positively associated with support for antiterrorism practices. Implications for research and policy are discussed.     

Chinese influence,U.S. linkages,or neither? Comparing regime changes in Myanmar and Thailand

This study examines the potential influence of foreign linkages on regime outcomes by comparing Myanmar and Thailand. Linkages with the West are supposed to facilitate democratization, whereas those with autocracies usually promote regime survival. This study focuses on Myanmar and Thailand’s linkages with the U.S. and China, which at first sight seem to demonstrate the hypothesized effects. Myanmar gradually liberalized while strengthening its Western linkages, whereas Thailand experienced democratic breakdown amid a shift in alignment from the U.S. to China. However, in-depth analysis suggests that the influence of foreign linkages on domestic political change was minimal and that the relationship may very well be endogenous. The findings of this study call for a more careful theorization and handling of the external factors in studies of regime change and highlight the importance of simultaneously analyzing democratic and autocratic linkages.     

美国注册会计师行业监管制度变迁及其启示

向国际惯例靠拢是研究制定我国资本市场监管机制的一项重要指导思想,也是我国审计规范建设的一项十分重要的目标。本文回顾了20世纪70年代以来美国对会计职业管理体制的两次变革,分析了1984年的《美国统一会计师法案》与2002年《萨班尼斯—奥克斯利法案》的立法过程,以期为完善我国注册会计师行业的监管提供一些有益的启示。     

发展和规范社会组织——以广东省为例

2000年以来,广东省社会组织发展迅速,社会作用不断增强,逐步成为促进经济社会发展的一支重要力量,但仍处于初级发展阶段,在思想观念、体制机制、配套政策、法制建设以及人员素质等方面还存在许多亟待解决的问题。本文通过深入调研,全面回顾了近年来广东省社会组织发展情况,客观分析了其存在问题,在此基础上对发展和规范广东省社会组织的目标模式进行了探索。