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。     

真正身份犯中无身份共同正犯的处罚依据--兼论贪污罪的司法适用问题

身份犯中,纯正的身份犯其身份具有构成要件要素的性质,如贪污罪中的国家工作人员身份。非具有身份者不能单独构成犯罪,但刑法规定可以与有身份者构成共同正犯,但其处罚依据在学理上存在疑问。处罚非身份共同正犯的依据并不在于形式的不法与有责身份分离说（结果无价值论）,也不能从基础单薄的法律拟制说中找寻正当依据。承认真正身份犯中非身份行为人责任与具有身份的行为人责任具有连带性质,是解决此类身份犯处罚依据的可行理论途径,此解释路径也可纠正相关身份犯罪非身份共同正犯的司法适用中的错误做法。     

Paisaje antes de la batalla. Notas sobre el contexto de la guerra contra las drogas en México

Mexico’s security crisis and Felipe Calderón’s (2006-2012) security strategy had its roots in drug trafficking, the prohibition of drugs, contraband and the border shared with the United States. Standard accounts of the violence experienced in the country, which reduce it to confrontations between drug cartels, are of little use. This article presents part of the context in which the security crisis developed, putting it in a historical perspective, and attempting to take a step towards a more nuanced interpretation. It holds that drug trafficking between Mexico and the United States is a complex, many-sided reality which admits dense symbolic elaboration. Apart from the very concrete shipping of drugs, drug trafficking is part of Mexico’s relation with the United States, a register that imbues the asymmetry between both countries with meaning, a space of political negotiation and a resource of American global diplomacy which is crystallized in a clandestine foreign policy system. Furthermore, through the demystification of the imagery that envelopes organized crime, corruption and contraband are examined, conceiving these two as phenomena that are integrated organically into borderland society.     

The PIRA,D-Company,and the Crime-Terror Nexus

This article compares and contrasts the Provisional Irish Republican Army (PIRA) and D-Company, two seemingly dissimilar organisations that nonetheless share some striking commonalities, especially in regards to the use of tactics that contradict their declared ideology in pursuit of a larger goal. First, the growing relationship between organised criminal syndicates and terror groups is discussed and Makarenko's well-known “Crime-Terror Continuum” introduced. Following this, a historical overview and an analysis of the organisational structure of the PIRA is provided and organisational models proposed. Further, the founding and development of D-Company is addressed in addition to the syndicate's intricate involvement in the 1993 Bombay Blasts. Similarly, organisational models are offered and conclusions drawn. This work then moves to a comparative analysis of the organisational and operating structure of the PIRA and D-Company and finishes with a brief conclusion. This article argues that although criminal syndicates and militant groups may have different organisation structures, the line that distinguishes their activities has begun to blur and the space between Makarenko's graduated levels is becoming smaller and less discernible, thus rendering her model obsolete.     

Defining Religious Terrorism: A Causal and Anthological Profile

This research is geared toward theory building by alleviating some of the lacunae in three areas of study. First, it redefines what terrorism is by refocusing the definition away from politics and the mens rea of terror to its criminal actus reus. In this endeavor, it proposes a unifying definition that is viable for global assessment and under standing, while being conducive to international military and law enforcement cooperation. The definition is proposed to accommodate the international laws of reciprocity, community, and political framework, without compromising terrorism's criminal liabilities. Second, it defines what a religious terrorist is by using a convergence of psychometric measures from 356 suicide-bombers, taped self-immolations of 15 terrorists and 918 zealots, and triangulated anthologies. Among the outcomes of this mixed-method design is an empowering 32-trait profile of a religious terrorist that is ethno-religious specific and user friendly. Third, it introduces the concept of International Islamization Terrorism (IIT) and calls on future research to assess the propensity of IIT to global calamity, and the viability of a universal religious terrorist profile.     

Gender and “Other People's Money”: An Analysis of White-Collar Offender Sentencing

Although the female share of white-collar crime arrests (e.g., fraud, forgery, and embezzlement) continues to increase, little is known about the nature of women's involvement in these offenses, or the extent to which the legal treatment of white-collar offenders differs by gender. Using national survey data on employee crime, the present research addresses these voids in the literature. Consistent with prior research, women's roles in fraud offending are restricted by their positions in the organizational hierarchy. In support of the focal concerns perspective, results show that the decision to incarcerate and length of sentence are primarily shaped by indicators of offender blameworthiness. Findings reported here contribute to the literature on gender and white-collar crime, and also extend the growing body of focal concerns research to a previously unexplored sentencing context.     

Rape Crisis Centers and Programs: “Doing Amazing,Wonderful Things on Peanuts”

Even though the anti-rape movement began more than 30 years ago and there is greater awareness of sexual violence, are rape crisis centers or programs financially secure? Data from interviews with 63 rape crisis workers and volunteers from 6 rape crisis centers or programs located in 4 East Coast states indicate not only that rape crisis centers/programs continue to struggle financially but also that lack of funding continues to present challenges. When rape crisis centers/programs experience reductions in funding, staff positions are eliminated, remaining staff and volunteers are overworked, efforts to recruit and train volunteers are compromised, services for victims are reduced, and education and outreach to the communities become less available. Lack of funding negatively affects rape crisis centers/programs and jeopardizes their future.     

走私犯罪侦查启动程序研究

当前在走私犯罪侦查启动过程中,存在着到案措施难以落实、搜查功能难以发挥、案件经营难以开展、技侦手段难以运用等难点。究其原因就在于我国包括缉私侦查在内的侦查工作采用的是程序启动型模式,同时由于走私犯罪和缉私工作本身所具有的特点,使得缉私侦查启动工作更易陷入困境。为适应打击走私犯罪的需要,应当将程序启动型转为随机启动型侦查模式,同时对相关的配套措施予以完善。     

现场勘验信息系统的应用与存在的问题

《全国公安机关现场勘验信息系统》已成为公安部刑事技术专业考核的重要指标,但在使用过程中还存在着诸如录入案件数量较少、已录入案件的信息质量不高、暂存的案件信息质量不完整、"十类案件"勘验信息未全部录入系统、不重视案件串并工作等问题。公安机关应该提高对"现勘系统"的重视程度,加强信息质量监管,同时加强业务培训,提高录入人员素质,规范"现勘系统"的录入程序以及进一步提高"现勘系统"的功能,简化操作过程,以此提高现场勘验信息系统的使用效率,进而提高破案率。     

“抢劫致人死亡”研究

"抢劫致人死亡",是抢劫罪法定刑升格条件之一,由于涉及到行为人的生命健康安全,司法机关不得不慎重认定"致人死亡"的结果是否可归咎于行为人实施的抢劫行为。要解决好抢劫致人死亡行为具体认定,必须要先解决好行为人对死亡结果的罪过形式、抢劫行为与死亡结果之间的因果关系和致人死亡中"人"的范围。只有做到这样,才能具体认定"抢劫致人死亡"情形。