我国洗钱犯罪立法剖析

控制和惩治洗钱犯罪是包括我国在内的国际社会的共同任务。我国现行刑法关于洗钱罪的规定存在诸多不足,需要进一步加以完善。本文参照国际公约的有关规定,结合我国的国情,就我国反洗钱刑事立法的完善提出建议。     

US mainland,EU archipelago? Convergence and divergence on transnational organized crime

The fight against organized crime has become a top security priority for the European Union (EU). While a new policy area is emerging, it is difficult to understand who is in lead and how the process develops. This article delves into the post-Lisbon EU security model, exploring how Washington and Brussels collaborate in combating organized crime in a context of changing definitions, actors and policies. It argues that US definitions, operational models and policies influence EU institutional thinking and policies, shifting the emphasis from prevention and rule of law to execution and intelligence. The dynamics of policy convergence and divergence on criminal matters in the transatlantic community reflect tectonic shifts in the deepest levels of thinking security in the West, affecting the moulding of a European security identity.     

我国金融监管制度供给过剩的法经济学分析

中国金融监管存在显著的制度供给过剩。金融监管制度供给过剩会增加交易成本,不符合效率原则。从法经济学的角度分析,中国金融监管制度供给过剩的原因在于金融监管供给与需求不匹配、权力监管模式下监管机关的粗放型制度供给以及金融监管的行政化。改变金融监管制度供给过剩的状况,应当引入金融监管的成本收益理念和问责机制,将金融监管由权力监管向市场化监管转变,并合理处理金融创新与金融监管的关系。     

The law of concentrations of crime at place: the case of Tel Aviv-Jaffa

Weisburd, Groff, and Yang argue that there is a ‘law of concentrations of crime at place’ within cities. In this paper, we provide a test for this proposition in Tel Aviv-Jaffa. We found that crime concentrations at street segments in 2010 were remarkably similar to those observed in American cities. About 4.5% of the street segments produced approximately 50% of the crime, and about 1% of street segments produced 25% of crime. Our study provides important verification of the broad applicability of the law of crime concentrations at place.     

SOCIAL CONCERN AND CRIME: MOVING BEYOND THE ASSUMPTION OF SIMPLE SELF‐INTEREST

Most leading crime theories and crime‐control policies are based on the assumption that people are self‐interested. But recent work in a variety of fields has challenged this assumption, suggesting that people are both self‐interested and socially concerned. Social concern involves biologically based inclinations that sometimes lead people to give more consideration to others than to their own interests. These inclinations include caring about others, forming close ties to and cooperating with others, following certain moral intuitions, and conforming. This article describes the nature of and evidence for social concern, as well as the ways in which social factors shape social concern. The article then presents a theory of social concern and crime. Social concern has direct, indirect, mediating, and conditioning effects on crime. Although social concern generally reduces the likelihood of crime, it has little effect on or increases crime under certain conditions.     

The 2013 CLSR-LSPI seminar on electronic identity: The global challenge – Presented at the 8th International Conference on Legal,Security and Privacy issues in IT Law (LSPI) November 11–15, 2013, Tilleke & Gibbins International Ltd., Bangkok,Thailand

We are the middle of a global identity crisis. New notions of identity are made possible in the online world where people eagerly share their personal data and leave ‘digital footprints’. Multiple, partial identities emerge distributed across cyberspace divorced from the physical person. The representation of personal characteristics in data sets, together with developing technologies and systems for identity management, in turn change how we are identified. Trustworthy means of electronic identification is now a key issue for business, governments and individuals in the fight against online identity crime. Yet, along with the increasing economic value of digital identity, there are also risks of identity misuse by organisations that mine large data sets for commercial purposes and in some cases by governments. Data proliferation and the non-transparency of processing practices make it impossible for the individual to track and police their use. Potential risks encompass not only threats to our privacy, but also knowledge-engineering that can falsify digital profiles attributed to us with harmful consequences. This panel session will address some of the big challenges around identity in the digital age and what they mean for policy and law (its regulation and protection). Questions for discussion include: What does identity mean today? What types of legal solutions are fit for purpose to protect modern identity interests? What rights, obligations and responsibilities should be associated with our digital identities? Should identity management be regulated and who should be held liable and for what? What should be the role of private and public sectors in identity assurance schemes? What are the global drivers of identity policies? How can due process be ensured where automated technologies affect the rights and concerns of citizens? How can individuals be more empowered to control their identity data and give informed consent to its use? How are biometrics and location-tracking devices used in body surveillance changing the identity landscape?     

Developments in cybercrime law and practice in Ethiopia

With increasing access to information and communication technologies such as the Internet, Ethiopia has recently taken responsive legislative measures. One such legislative measure is enactment of cybercrime rules as part of the Criminal Code of 2004. These rules penalize three items of computer crimes namely hacking, dissemination of malware and denial of service attacks. The cybercrime rules are however slightly outdated due to changes that have occurred in the field of cybercrime since the enactment of the Code. The surge of new varieties of cybercrimes previously uncovered under the Code and the need to legislate tailored evidentiary and procedural rules for investigation and prosecution of cybercrimes have recently prompted the Ethiopian government to draft modern and comprehensive cybercrime legislation, but the draft law still needs further work on cybercrimes in light of other major legislative developments at regional and national levels. This article closely examines major developments in cybercrime law and practice in Ethiopia since the enactment of the first set of cybercrime rules and proffers recommendations towards a unified cybercrime regime.     

从罪刑均衡到罪责刑相适应——兼论刑法中“人”的消隐与凸显

刑法理论发展史上,经由刑事古典学派与刑事实证学派的对立纷争,罪刑关系经历了从罪刑均衡到"人"刑对应的演绎脉络。我国当代刑法理论确定罪责刑相适应原则,藉由刑事责任论的建构和充实,较为完美地实现了罪刑关系范畴中行为考察和行为人评价的统一。梳理从罪刑均衡到罪责刑相适应的发展历程,可以看出,伴随刑法理论的发展,犯罪人逐渐实现从消隐到凸显的地位变迁。当代刑法学的发展方向,应是日益重视行为人主体地位的确立和人格特征的评价。以此为视角,我国刑法学应从理论上更加重视主观因素和行为人因素的植入,在实践中更加关注行为人人身危险性的评价和犯罪恶性的改造。     

河北省未成年人犯罪基本情况调查及原因分析

采用艾森克个性问卷及自编基本情况调查表对395名未成年男犯进行调查,结果显示,未成年男犯在文化程度、作案地区、家庭结构及家庭教养方式等方面存在新的变化趋势,犯罪原因集中在家庭、学校、社会及个人心理因素等各方面。