未成年人案件刑事检察工作的探索与实践——以上海市浦东新区人民检察院为例

当前我国社会正处于改革转型期,政治、经济、文化环境处于不断变化之中,未成年人违法犯罪越来越严重,已成为影响社会稳定和国家长治久安的重要问题。上海市浦东新区人民检察院未成年人案件刑事检察处自1996年成立以来,结合自身办案实际情况,注意把握未成年人犯罪的特征,分析其原因,并通过不断创新实践,探索建立了未成年人捕诉监防一体化运作模式、法律援助、附条件不起诉、轻罪记录封存和观护帮教等一系列具有浦东区位特色的未检工作机制。这些有益的探索和实践是现代检察理念在检察机关未检工作中的贯彻落实,也是社会管理机制创新在检察工作领域的体现。     

被害人承诺在刑法理论体系中的地位问题初探

被害人承诺可分为“合意”与“同意”两种形式。从发挥犯罪构成要件的机能、顺应人们认识事物的规律出发，将被害人承诺中的“同意”作为首先符合犯罪构成要件，然后基于法益衡量将其合法化的正当化事由更为科学。     

论未成年人犯罪的法律适用

未成年人可塑性大 ,易走向犯罪深渊 ,也易改造。因此 ,在未成年人犯罪的法律适用方面 ,应根据我国法律对未成年人特殊保护的精神 ,坚持教育为主、处罚为辅的原则 ,实行教育、感化、挽救的方针 ,为他们回归社会创造更好的社会环境     

社会转型期青少年犯罪防控机制对策研究简

转型期的中国各种社会矛盾十分突出,刑事犯罪呈动态化和复杂化态势,其中新生代农民犯罪问题备受社会关注.闲散青少年群体、有不良行为或严重不良行为的青少年群体、流浪乞讨青少年群体、服刑在教人员的未成年子女群体、农村留守儿童群体被列为五类重点青少年群体,如何促使其市民化是防控青少年犯罪的关键点.本文拟就青少年犯罪尤其是“新生代农民”违法犯罪问题进行社会归因研究,结合犯罪心理学、社会学、治安管理学等理论,就防控青少年犯罪以及如何促使其顺利完成城市社会化等问题进行探讨.     

Pro-bullying attitudes among incarcerated juvenile delinquents: Antisocial behavior,psychopathic tendencies and violent crime

The objective was to evaluate a new scale aimed at assessing antisocial attitudes, the Pro-bullying Attitude Scale (PAS), on a group of 259 voluntarily-recruited male juvenile delinquents from a juvenile correctional institution in Arkhangelsk, North-western Russia. Exploratory factor analysis gave a two-factor solution: Factor 1 denoted Callous/Dominance and Factor 2 denoted Manipulativeness/Impulsiveness. Subjects with complete data on PAS and Childhood Psychopathy Scale (CPS) (n = 171) were divided into extreme groups (first and fourth quartiles) according to their total scores on PAS and the two factor scores, respectively. The extreme groups of total PAS and PAS Factor 1 differed in CPS ratings and in violent behavior as assessed by the Antisocial Behavior Checklist (ABC). They also differed in the personality dimension Harm Avoidance as measured by use of the Temperament and Character Inventory (TCI), and in delinquent and aggressive behavior as assessed by the Youth Self Report (YSR). The extreme groups of PAS Factor 2, in turn, differed in aggressive behavior as assessed by the YSR, and in the TCI scale Self-Directedness. When PAS was used as a continuous variable, total PAS and PAS Factor 1 (Callous/Dominance) were significantly positively related to registered violent crime. The possible usefulness of PAS in identifying high-risk individuals for bullying tendencies among incarcerated delinquents is discussed.     

Juvenile sex offenders in a Dutch mandatory educational programme: Subtypes and characteristics

Abstract

Significant differences between subgroups of juvenile sex offenders (JSOs) are found in both Dutch and international research. Most of this literature represents the more delinquent and more disturbed sections of the population of JSOs. This paper describes the characteristics of 302 less disturbed and less violent JSOs in a mandatory educational programme. Characteristics of exhibitionists (n=26), child molesters (n=39) and peer offenders (n=237) are compared. Peer offenders are subdivided into solo offenders (n=90) and group offenders (n=142). Variables are: demographics, family background, psychosocial functioning, offence characteristics and victim characteristics. Significant differences are found in a large number of variables, supporting findings from earlier research in clinical samples. Differences between subgroups are largest between group-offending peer offenders, on one hand, and exhibitionists and child molesters on the other hand. The majority of our sample seems to have an ordinary background and shows no apparent sign of psychosocial dysfunction. The clinical and theoretical relevance of the results is discussed.     

A Special Youth Sanction

Under the label ‘youth sanction’ (ungdomssanktion) a new type of sentence for juvenile offenders has been enacted by a 2001 amendment to the Danish Penal Code. The study reported here is an analysis of the 55 sentences imposed over the first year. Widespread disparity and disproportionality in sentencing was found. Statutory requirements regarding the seriousness of the individual case have not in all instances been satisfactorily established. The emergence of the new sanction implies a considerable increase in the intensity of intervention. Being based on a revitalized treatment ideology, the new criminal sanction legitimizes a vast widening of the control measures directed against troubled youth, in particular such offenders who has another ethnic background than Danish. No comprehensive programme or coherent vision regarding treatment methods has been stipulated, and professionals are bewildered and in disagreement regarding such issues. Nothing indicates that the costly efforts will prove to be adequate as rehabilitative and crime preventive tools. The introduction of the youth sanction is part of a contemporary criminal policy agenda dominated by a broad political coalition with an urge to demonstrate ability and readiness to cope with juvenile street crime by employing more ‘consequent’ measures, involving tougher and swifter punishment combined with coerced rehabilitation.     

Social Control and Emancipation ? Ambiguities in Child Welfare

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.     

我国古代未成年人犯罪刑事立法的启示

中国古代法律制度深受儒家仁义道德主义思想的影响,对未成年人犯罪的处理就是其中之一,古称"恤幼"。"恤幼"思想认为统治者和社会对未成年人的健康成长负有不可推卸的责任,主张对未成年人犯罪实行不同于成年人的特别宽容制度,在刑事实体法和程序法上都主张对未成年人给予更多的关爱,并将其体现在刑事立法和司法实践中。这些刑事政策和法律规定不仅为当时的未成年人犯罪惩罚、预防工作指引了正确方向,为维护未成年人的特殊利益起到了积极作用,也为当代科学完善未成年人犯罪刑事政策的形成和发展提供了宝贵的资源。     

Privatising the war on drugs

A defining feature of the ‘9/11 wars’ has been the prominent role played by private military and security companies (pmsc). The growth of this market for military and security services has not gone unnoticed. Yet the role pmsc have played in supporting the US-led war on drugs has largely gone under the radar, both literally and figuratively. The aim of this article is to look at the activities of pmsc funded by the USA in Latin America, and to consider the specific consequences that arise from employing them in the field of counter-narcotics. It is argued that the use of pmsc further entrenches a costly and unsuccessful way of dealing with drugs. There is a need to move from a strict prohibitionist stance and consider alternatives to the war on drugs approach, but the use of pmsc creates another strong vested interest in maintaining an increasingly problematic and costly status quo.