改写历史的两种手法:再论劳动教养制度改革

劳动教养的强制性质不足以表达教育的真谛;短期隔离式保安处分也未能实现预防再犯的目的;由公安机关聆询程序改为司法控制,确实有可能大幅减少被处分对象的数量,但这却引出了有无改制和立法必要的重大议题.改写历史的另一手法是:将收容教养、强制医疗、强制戒毒各自归属刑法、刑事诉讼法以及禁毒法调整,同时借刑法修正之势,通过有限犯罪化,分流那些处于犯罪边缘的原劳教人员.     

金融风险防范视野下我国金融刑法创新研究

金融风险是影响金融安全的一个重要因素,当金融风险积聚到一定程度并发生恶性连锁反应时就会爆发金融危机,因此,建立抵御金融风险维护金融安全的法律制度尤为重要,而金融刑法作为金融风险防范的最后一道制度屏障,在抵御金融风险维护金融安全中起着重要的作用。为此,有必要从金融风险防范的角度审视我国金融刑事立法在抵御金融风险方面的诸多缺陷,从加强金融风险防范的功能出发,创新我国金融刑事立法,充分发挥金融刑法在创新金融体制和防范金融风险中的功能与作用。     

A study of stranger rapists from the English high security hospitals

Abstract

Heterogeneity hinders our understanding of sexual violence; but does this problem extend to stranger rape and, if so, would the construction of homogeneous subtypes advance our understanding of this crime and aid criminal investigations and clinical practice? To answer these questions, 41 stranger rapists from the English high security hospitals were examined using version 3 of the Massachusetts Treatment Centre rapist typology (MTC:R3) and multidimensional scaling (MDS). The MTC:R3 suggested that sexual desire and opportunism were the primary motivations for these men, but that proportionately more psychopaths were violent and sadistic. In accordance with previous research, the men experienced problematic childhoods and displayed high rates of criminality and psychiatric morbidity in adulthood. However, MDS found that rapist histories and offence behaviours generally divide into sexual and violent themes. These results have important implications for theory, criminal investigations and clinical practice.     

The Fate of the State Revisited

The State, which during the three and a half centuries since the Treaty of Westphalia (1648) has been the most important and the most characteristic of all modern institutions, appears to be declining or dying. In many places, existing states are either combining into larger communities or falling apart; in many places, organizations that are not states are challenging them by means fair or foul. On the international level, we seem to be moving away form a system of separate, sovereign, legally equal, states towards less distinct, more hierarchical, and in many ways more complex political structures. Inside their borders, it seems that many states will soon no longer be able to protect the political, military, economic, social and cultural life of their citizens. These developments are likely to lead to upheavals as profound as those that took humanity out of the middle ages and into the modern world. Whether the direction of change is desirable, as some hope, or undesirable, as others fear, remains to be seen.     

Outlaw Private Security Firms: Criminal and Terrorist Agendas Undermine Private Security Alternatives

The thousands of large and small private security establishments operating around the world today continue to expand in number, diversity, and capability. Government oversight is often lacking, and the impact on local, national and regional security and stability may be substantial. In the most troubled areas, the pockets of security provided by private security regimens provide may mean the difference between a failed state and one that is at least faltering. However, the advantages of “private security firm cover” quickly became evident to criminals and groups with terrorist agendas as well. This assessment addresses numerous cases from around the world of private security establishments that were either formed for—or otherwise turned to—the pursuit of criminal or terrorist purposes. The stated jihadist intent to infiltrate such companies underscores the need for law enforcement and intelligence attention to the recruiting, affiliations and activities of these security enterprises.     

The role of East Timor's security institutions in national integration – and disintegration

Abstract

This article examines the interplay between security sector developments and national unity in East Timor since the Indonesian occupation ended in 1999. Particular attention is paid to the regional distinction between Loromonu and Lorosae – people from the west and east of East Timor, respectively. In 2006, East Timor experienced a crisis that saw the disintegration of the military and police forces, and widespread violence that led to massive internal displacement. It was during this crisis that the Loromonu–Lorosae distinction first emerged as a major societal cleavage. The article argues that the independence cause and the guerrilla force Falintil had been an important focus of East Timorese national unity in 1999. In the years that followed, however, the implementation of flawed security policies led to new military and police forces that were politicized, factionalized and lacking in cohesion. Prior to the 2006 crisis, the Loromonu–Lorosae distinction was primarily an issue within the army. As the crisis escalated, however, the violence was to a large extent framed by the east–west dimension, and popular perceptions of the military as ‘eastern’ and the police as ‘western’ hardened. A year after the crisis, little if any progress had been made towards reducing the increased salience of the Loromonu–Lorosae distinction in society. The main internal security challenges – gang activity, the unresolved issue of the so-called ‘petitioners’, and the destabilizing role played by fugitive former head of military police Alfredo Reinado – all had an east–west dimension. The article also finds that new initiatives aimed at reforming East Timor's military and police forces appeared to be lacking in both depth and relevance for addressing the country's new level of internal division, and its immediate, internal security challenges.     

Australian opinion on international trade and the security link with the United States

In recent years, the Australian government has shifted the focus of its foreign economic and trade policies away from traditional practices and partners and onto Asia while simultaneously maintaining close diplomatic and defence ties with Washington. Using the results of the 1993 Australian Election Study survey, this note examines the place of public opinion in this continuing exercise. We find that although there is public support for increased trade with Asia, strong protectionist and pro‐alliance sentiments remain strong within the populace at large. These prevailing sentiments and their, albeit at this stage limited, interconnections could serve to complicate any push towards greater trade ties with its Asian neighbours.     

Emerging regional security co‐operation in Europe and the Asia Pacific

European and Asian‐Pacific policymakers need to shift from policies based on competition to those based on co‐operation. If European and Asian‐Pacific states are successful in implementing and strengthening new security institutions on the basis of co‐operative behaviour designed to realize absolute gains, then conflict in these two regions may decrease and regional hegemonic competition may not materialize. It is argued that three key factors will determine the viability of any regional security framework. These are reciprocity in security relations, great power support for the security arrangements and reassurance. In this study's comparative evaluation of Europe and the Asia Pacific, the pursuit of absolute gains through a security regime appears to be a better alternative to relative gains strategies which serve to intensify security dilemmas.

In Europe, rules and norms for state behaviour are being extended throughout the continent through the gradual extension of the West European security institutions to Central and East European states. The NACC and the PfP offer to combine the stability of the North Atlantic Alliance with the principles of co‐operative security at a pan‐European level. In the Asia Pacific, the ASEAN Regional Forum represents a positive initial step towards greater security co‐operation among the ASEAN states and their neighbours, and the United States and China need to give the ARF their full support. The difference between the ARF and NACC and the PfP is that the former does not have a history of successful military collaboration behind it, nor a developed security agenda or structure similar to that now supporting the latter two.     

Chinese—Indian relations and the process of building confidence: Implications for the Asia‐Pacific

China's traditional approach to security questions appears to be antithetical to the cooperative security approach that has been adopted by ASEAN and by embryonic multilateral organizations such as the ASEAN Regional Forum. Yet, in the course of normalizing relations with India, China has shown itself willing to explore the kind of confidence‐ and security‐building measures associated with this approach. Although it was a change in interests that prompted China to explore the worth of such measures, nevertheless cooperative security ideas have proved helpful in defusing tensions between New Delhi and Beijing. Possibly as a result of its experience with India, there are indications that China has become more receptive to the use of a cooperative security framework elsewhere in the Asia‐Pacific, most notably in dealing with the ASEAN Regional Forum. Its involvement in this process has increased the diplomatic and economic costs that would be incurred should it decide to use force to make good its irredentist claims in the South China Sea.