"被害人自愿"与诈骗罪认定

行为人通过实施欺诈手段取得财产的行为不一定构成诈骗犯罪。诈骗犯罪中的欺诈手段和其他侵犯财产罪中实施的欺诈手段的根本区别是 :诈骗犯罪中的欺诈手段使被害人产生错误认识 ,其基于意志自由“自愿交付”财产。区分诈骗罪与盗窃、抢夺、抢劫、敲诈勒索等其他以实施欺诈手段侵犯财产的犯罪 ,必须从被害人在受到欺诈时的认识因素和意志因素两个方面来进行。     

Long-term Accompanying Service: Reflection on the Specialization in Social Work

Since 2006, China is undergoing a rapid growth in social work. In contrast with the rapid expansion of the scopes and fields for social work, the need for specialization in social work is creasing. Especially in mental health service in community, this demand is even higher. This article is intended to study a project on mental health in community called Assertive community treatment carried out in Shenzhen for 4 years, and finds that: a) the longstanding accompanying service is different from the short-term services; b) the longstanding accompanying service is another kind of specialized social work; c) the longstanding accompanying service is the best way for Chinese social workers to promote specialization of social work.     

再析侵占罪的几个问题

自新刑法颁布以来,刑法学界对侵占罪的相关问题一直有较大争议,司法实践中在认定侵占罪时标准也各不相同。     

城市社区管理中的居民参与

居民参与在我国城市社区管理中发挥着重要作用,它有助于推动我国的民主化进程,有助于解决政府管理危机,有助于确保公共政策的有效运行。当前,我国城市社区管理中居民参与已经取得了一定的成效,但还存在参与广度与深度有限、参与发展不平衡、参与渠道不畅等问题。完善城市社区管理中的居民参与可以从三方面进行：一是大力培养和增强社区居民的参与意识;二是进一步健全与完善社区居民参与的组织体系;三是在法律中明确社区居民的参与权利与参与程序。     

A Comparison of Four Presumptive Tests for the Detection of Blood on Dark Materials

Detection of blood on dark materials is difficult for crime scene examiners so presumptive tests are used to assist. This study compared the ability of luminol, leuko crystal violet, tetramethylbenzidine, and Combur Test®E to detect whole, diluted blood (1:100) and a key‐shaped blood transfer stain (1:10), on dark cotton sheeting, tea towel, socks, synthetic carpet, and car mats. Powdered bleach was used to evaluate specificity of the blood detection tests. Sensitivity, specificity, positive predictive value (PPV), negative predictive value (NPV), and overall misclassification rate (OMR) assessed the quality of the blood tests. Luminol was the preferred test for diluted blood having the highest sensitivity (79%–96%), NPV (66%–93%), and the lowest OMR (3%–15%). Luminol was also found to be most efficient with a testing time on 25 items of 2 h 50 min compared with up to 8 h. Overall, luminol was the most effective method, also providing information on bloodstain patterns.     

Perceived threat of crime,authoritarianism, and the rise of a populist president in the Philippines

President Duterte of the Philippines implemented an open “war” on drugs based upon claims of an over-proliferation of illegal drugs in the country. Despite summary killings of suspected users and dealers, Duterte enjoys popular support among Filipinos. This paper assesses reasons behind the support using citizens’ perceptions of the severity of the drugs/crime problem, their punitiveness, and authoritarian attitudes as explanations. A sample of 114 Filipinos across Luzon, Visayas and Mindanao responded to an electronic survey about socio-legal issues. Results show that drugs/crime are perceived as serious problems nationally yet only minor problems locally. This perceived national seriousness is significantly related to support for Duterte. Trust in the law and enforcement agents, an authoritarian attitude, and region are also strongly related to support for Duterte. This paper concludes with reflections on information manipulation as means to advance political ends and the importance of context in furthering theories of authoritarian submission.     

Sympathy for the devil: state engagement with criminal organisations in furtherance of public policy

Governments have long relied on non-state actors to assist in the implementation of public policy. Legitimate elements of civil society have become familiar instruments of governance. States have also engaged criminal actors to this end. This article will note examples of state collaboration with criminal interests, from pirates turned privateers during the 17th and 18th centuries, to the patriotic hackers of today. It will discuss the strategic considerations giving rise to such engagements, the pitfalls that may beset them, and the ethical considerations that might inform the decision by a state to enlist the services of illicit organisations.     

Spatial analysis of violent crimes in Metro Manila,Philippines

Spatial patterns of murder and physical injury in Metro Manila, Philippines were visualised through conditional choropleth maps. Relationship of both crime rates with some demographic variables were investigated while accounting for possible spatial autocorrelation using spatial lag models. Results show that both crime rates tend to cluster in the northern cities of Metro Manila. Furthermore, significant spatial lag coefficients were found only for physical injury rates, with values ranging from 0.49 to 0.62, signifying a positive city-level spatial dependence of physical injury rates in Metro Manila. Moreover, some demographic covariates, such as population density, percentage of young males, education, marriage, and immigration were found to be associated with both crime rates. These results could serve as useful indicators of crime incidence; thus it is recommended that crime monitoring systems include them to aid in resource allocation and program planning for better crime prevention and security management.     

Structural discrimination and social stigma among individuals incarcerated for sexual offenses: Reentry across the rural–urban continuum

The stigma associated with a felony conviction can impede the reentry process, and emerging research findings indicate that one's community can amplify or temper the mark of a criminal record. Researchers examining criminal stigma have focused on individuals living in urban areas, overlooking the experiences of persons outside these communities. Using qualitative data collected from a sample of men and women paroled for sexual offenses in Missouri, we contrast how social and structural stigma alter the reentry experiences for participants living in communities along the rural and urban continuum. The results show that the stigma of a sex offense conviction was a near‐universal experience and residence restrictions stymied efforts to find housing. Residents of urban areas and some large cities felt that the community offered relative anonymity from stigma but the stress of their status being discovered was omnipresent. Participants in rural areas and small cities had less social privacy and reported being shunned in the community, although strong social ties did mitigate some of the consequences of stigma. The results highlight the importance of considering place when studying reentry and have implications for designing correctional policies to address the needs of residents returning to non–metropolitan locations.