信用卡犯罪侦查存在的主要问题与打击对策

在我国信用卡消费大众化的同时,利用信用卡实施犯罪呈上升趋势,犯罪手段不断向高科技化、集团化、专业化、规模化发展,案件实施过程更为隐蔽,手法不断翻新,其危害程度呈现出逐年严重态势。文章通过总结信用卡犯罪的现状、特点及发展趋势对在信用卡犯罪案件侦查中存在的主要问题进行了全面分析,理论结合实际地提出了打击对策,为侦查机关打击信用卡犯罪,提供了参考。     

析GATS下有关自然人流动的具体承诺的改进

WTO各成员方针对自然人流动做出具体承诺,这些具体承诺规定了实质内容,构成GATS下自然人流动法律制度的核心。其中存在的一些不足之处成为阻碍自然人流动在GATS框架下顺利进行的主要原因,应相应地予以改进:增加承诺部门,扩大部门承诺;扩宽准入的自然人类型,切实保障发展中国家的更多参与;减少限制性条件,增加现有条件的确定性;采用GATS签证制度,订立具体承诺范本。     

长吉图先导区扩大利用外商直接投资研究

积极利用外商直接投资,对于促进长吉图先导区经济加快发展、全面提高对外开放水平和产业升级等都具有极为重要的意义。针对长吉图先导区利用外商直接投资存在的总体规模小、对外商直接投资具有较强承接能力的产业偏少、资金到位率波动明显且水平偏低等问题,长吉图先导区扩大利用外商直接投资,应该重点抓好全面优化投资环境、明确利用外商直接投资重点区域、拓宽利用外资领域、协调区域招商引资政策等工作。     

东北亚非传统安全:问题领域及合作模式

冷战结束后,传统安全在国际关系中的极度优先地位相对下降,非传统安全问题对国际社会带来的影响日益凸显。由于非传统安全拥有行为主体多样化、价值主体多层次、跨国性和嬗变性以及强调安全的合作性等特点,国家在该领域更易于达成合作。具体到东北亚地区,所涉及的问题领域包括金融危机、能源短缺、生态环境恶化、恐怖主义和大规模杀伤性武器扩散、非法移民、流行疾病等。尽管目前该地区非传统安全合作的制度化程度还不高,但由于各国在经济安全、能源安全、环境安全、社会安全等方面拥有广泛的共同利益,东北亚国家必将通过现实可行的制度设计来加强非传统安全领域的紧密合作。     

困境与出路:领域法理论下的警察法学发展

警察法学属于我国法律体系中不可或缺的板块,也是提升社会安全法治能力的理论抓手。遗憾的是,当前我国警察法学的发展深陷概念模糊化、体系碎片化、研究边缘化、教学粗浅化的困境,若不及时矫正,势必将警察法学的研究、教学和实践引入歧途。领域法是近年来新兴的法学理念,强调问题导向与解决策略,能有效融合法教义学与社科法学的思维特点。在领域法学的指引下,研究者需明确警察法学的领域概念,厘清警察法学的法律体系,夯实警察法学的理论体系,增加警察法学的实践色彩,强调在完善警察法学理论体系的同时,提升警察法学的实践与教学效用。     

双转型、可信承诺与公共服务供给

公共服务供给必须对双转型中的社会断裂与失衡作出相应的制度调整和重建,基于可信承诺的公共服务制度安排应该是:改革属地化管理的行政逐级发包制度,规范中央—地方政府责任;建立基于主体功能区的政绩考核机制;延长地方官员任期。     

Status of Mandibular Third Molar Development as Evidence in Legal Age Threshold Cases

The completion of the third molar roots has played an important role in ascertaining whether individuals may be at or over a legal threshold of age, often taken as 18 years. This study demonstrates that root apex completion in the third molar is relatively uninformative regarding the threshold of age 18 years in a sample of 1184 males, where mean age‐of‐attainment of root apex completion for third mandibular molars is about 19.4 years. This paper also considers the legal age threshold problem for cases where the third mandibular molar is not completely formed, and outlines the use of parametric models and Bayes’ factors to evaluate dental evidence in statistically appropriate ways. It attempts to resolve confusion over age‐within‐stage versus age‐of‐attainment, likelihood ratios versus other diagnostic tests, and prior odds for a case versus the prior density for an age distribution.     

Factors associated with desistance from violence in prison: an exploratory study

Desistance from crime has been of increasing interest within criminal justice literature, but desistance from offending behaviour whilst in custodial environments has not yet been investigated. Violence within prison establishments continues to be a significant problem; therefore, this study investigated the factors that are associated with desistance from custodial violence in 63 UK Category C adult male prisoners with a record of violence in prison. Participants completed measures of eight social and subjective factors associated with desistance in community samples. Those who had desisted from prison violence for 12 months or more showed greater levels of pro-social attitudes, agency and resilience than those who persisted in violence. Agency independently predicted desistance and this was particularly the case for younger offenders. Internal shifts appeared to be supported by a positive work environment. It is concluded that in custody an internal shift in perspective is especially important for desistance, and that this can be supported by the social environment. Opportunities to intervene may be greater in younger prisoners. It is recommended that current initiatives in developing agency and positive social interaction, such as Psychologically Informed Planned Environments, are further developed.     

The "untreatability" of psychopathy and hospital commitment in the USA

One argument in support of a public policy of not subjecting persons with psychopathic disorders to civil or criminal commitment is that these disorders do not improve with treatment. This article examines the relationship between the assumption of untreatability of psychopathic disorders and outpatient civil commitment, inpatient civil commitment, and insanity acquittee commitment. Research on the treatability of psychopathy is reviewed and the treatment of conditions co-morbid with psychopathy is considered. Research evidence is insufficient to support the conclusion that psychopathy is improved, worsened or not affected by treatment. Evidence does support effective treatments for conditions that can be co-morbid with psychopathic disorders including impulsive aggression which can be interpreted as a manifestation of psychopathic disorder.The absence of evidence based treatment efficacy for psychopathic disorders is a logical reason for not subjecting individuals with only a psychopathic disorder to involuntary hospitalization. This assumption should not becloud the possibility of treatable co-morbid conditions which may or may not qualify for involuntary hospitalization. Where the primary mental disorder, for which an individual is involuntarily hospitalized, results in behavioral improvement, the continued presence of a psychopathic disorder itself, should not be sufficient reason to continue coerced confinement. Even so, where the primary disorder is incompletely treated, psychopathy can be considered a risk factor when deciding upon the appropriate time for discharge and when formulating a safe and effective after care plan.     

Why community compulsion became the solution - Reforming mental health law in Sweden

The aim of this article is to understand how compulsory community care (CCC) has become a solution in mental health policy in so many different legal and social contexts during the last 20 years. The recent introduction of CCC in Sweden is used as a case in point, which is then contrasted against the processes in Norway, England/Wales and New York State.In Sweden, the issue of CCC was initiated following high-profile acts of violence. Contrary to several other states, there was agreement about the (lack of) evidence about its effectiveness. Rather than focusing on dangerousness, the government proposal about CCC was framed within an ideology of integrating the disabled. The new legislation allowed for a broad range of measures to control patients at the same time as it was presented as a means to protect positive rights for patients. Compared to previous legislation in Sweden, the scope of social control has remained largely the same, although the rationale has changed — from medical treatment via community treatment and rehabilitation, to reducing the risk of violence, and then shifting back to rehabilitation in the community.The Swedish approach to CCC is similar to Norway, while New York and England/Wales have followed different routes. Differences in ideology, social control and rights orientations can be understood with reference to the general welfare and care regimes that characterize the four states.