试论刑法中的被害者过错制度

被害者过错问题是被害学理论中的一个关键问题。被害者过错问题的研究有着重要的刑法学意义,而这一问题虽已在不同程度上被各国刑法学界意识到,并在立法中有着片段性的反映,但问题没有被系统化地认识和规制。根据其对刑事事件发生的影响力大小及性质的不同,具体被害者过错可以被分为迫发行为、引发行为、激发行为和触发行为等几个层级,并和加害者刑事责任的大小呈反比对应关系。抽象被害者过错有着与此一致的道理。在刑法及一些相关法律中确立完整、系统的被害者过错制度,意义显著。     

论刑法中的连累犯

现行刑法中规定了一系列的连累犯 ,从表面上看此类犯罪的实行行为类似于某种犯罪的帮助行为 ,应以共犯论处。其实不然 ,连累犯虽与共同犯罪有一定程度的联系 ,却存在着质的差别 ,应区别对待。     

The stop and think group: Changing sexually aggressive behaviour in young children

Abstract

Until recently, relatively little attention has been paid to young children who are sexually aggressive to other children. In this paper, cognitive-behavioural group techniques which have been used in the treatment of aggressive, impulsive behaviour in young children were applied in a small group setting to the sexually aggressive behaviour of pre-pubescent boys. The boys initially learned a ‘Stop and Think” model for general interpersonal problem-solving, which was then used to work on their difficulties with verbal and physical sexual aggression. Observation of the children's behaviour, reports from carers, school staff and social workers indicated that the group programme increased the children's ability to inhibit impulsive, aggressive behaviour. In the nine months after the group finished there were no known incidents of sexual aggression. In the context of certain limitations discussed in the paper, this positive outcome suggests that these methods have potential for reducing the likelihood of sexually aggressive behaviour becoming habitual.     

The Effect of Statewide Residency Restrictions on Sex Offender Post-Release Housing Mobility

Securing stable housing may be difficult for returning offenders in general, and these concerns may be exacerbated for sex offenders. In addition to the barriers faced by other returning offenders, sex offenders face intense stigma and once released to the community, they are also subject to additional legal restrictions. The current study explores the effect of statewide residency restriction policies on housing mobility using a unique sample of male sex offenders released in a Midwestern state. The research is based on a quasi-experimental cohort control group design and it describes the frequency and correlation of movement for pre- and post-statewide residency restriction legislation samples. Sex offenders released after the implementation of residency restrictions moved more often and had relatively high degrees of housing mobility compared to offenders released prior to the legislation. The results have important implications for reentry programming and post-release services for sex offenders.     

Gender expectations and their impact on black female offenders and victims

The purpose of this study is to investigate the relationship between failure to register (FTR) as a sex offender and subsequent recidivism (N = 2,970). No significant differences were found between the sexual recidivism rates of those who failed to register and compliant registrants (11% vs. 9%, respectively). There was no significant difference in the proportion of sexual recidivists and nonrecidivists with registration violations (12% vs. 10%, respectively). FTR did not predict sexual recidivism, and survival analyses revealed no significant difference in time to recidivism when comparing those who failed to register (2.9 years) with compliant registrants (2.8 years). Results fail to support the supposition that sexual offenders who fail to register are more sexually dangerous than those who comply with registration requirements. The punitive emphasis on registration enforcement may not be justified and might divert limited resources away from strategies that would better facilitate public protection from sexual violence.     

A SENTIMENTAL JOURNEY TO CRIME: EFFECTS OF RESIDENTIAL HISTORY ON CRIME LOCATION CHOICE*

Many offenses take place close to where the offender lives. Anecdotal evidence suggests that offenders also might commit crimes near their former homes. Building on crime pattern theory and combining information from police records and other sources, this study confirms that offenders who commit robberies, residential burglaries, thefts from vehicles, and assaults are more likely to target their current and former residential areas than similar areas they never lived in. In support of the argument that spatial awareness mediates the effects of past and current residence, it also is shown that areas of past and present residence are more likely to be targeted if the offender lived in the area for a long time instead of briefly and if the offender has moved away from the area only recently rather than a long time ago. The theoretical implications of these findings and their use for investigative purposes are discussed, and suggestions for future inquiry are made.     

宽严相济刑事政策视野下的老年人犯罪及其对策

人口老龄化进程中,老年人犯罪问题越加突显。呈现出以下特点:犯罪率不高但增长较快;以财产犯罪为主,暴力和性犯罪增多,呈多元化趋势;手段具有隐蔽性、个体性、智能性等;地域主要本地化,农村老年人犯罪突出。老年人犯罪成因的落脚点在于其自身特殊性,如社会地位、角色和价值变化,经济性依存,身心健康等因素。对老年人犯罪的刑事政策应贯彻"宽严相济、宽和为主"的思想,并在诉讼程序和策略、裁判和处遇,以及刑事法规定上具体化。     

共同实行犯中的身份问题

在共同犯罪中，无身份之人能否与有身份之人构成身份犯的共同实行犯，历来争议较大。对于共同实行犯与身份问题，应当从复行为犯的理论出发，针对身份犯的不同情况，首先确认某一真正身份犯是复行为犯，其次确认该复行为犯的部分实行行为具有身份的可替代性，只有两个条件都具备，无身份之人才能与有身份之人构成共同实行犯。     

刑事和解制度的理论分析及实践

刑事和解是司法改革的一个重要方面，符合刑法的基本原则，也丰富了犯罪概念的内涵。我国在刑事和解制度建设方面进行了一定的实践，积累了不少经验，同时也在理论上对其进行了一定的研究。在构建我国刑事和解制度时要注意正确看待其在犯罪处理中的作用和地位，加强对被告人权益的保障。