故意杀人罪的手段残忍及其死刑裁量——以刑事指导案例为对象的研究

故意杀人罪在死刑适用案件中占有较大比重,其死刑裁量对于减少和控制死刑具有重要意义。而手段残忍是司法实践中故意杀人罪死刑裁量的重要因素,并且独立于故意杀人罪的情节严重、情节恶劣以及后果严重等评价性用语。通过对十个被司法机关认定为故意杀人手段残忍的典型案例的探讨,可以认为故意杀人罪的手段残忍是指,在杀人过程中,故意折磨被害人,致使被害人死亡之前处于肉体与精神的痛苦状态。司法实践中存在着将故意杀人罪的手段残忍与情节严重、情节恶劣以及后果严重等评价性用语相混淆的现象,致使故意杀人罪的手段残忍内容宽泛,沦为一句法律套语。故意杀人罪的死刑裁量应当主要从案件性质、犯罪情节、犯罪后果、主观恶性和人身危险性等四个方面进行考量。     

多发性街面犯罪新动向及其因应策略

以抢劫、抢夺、盗窃、扒窃、拎包、诈骗等为内容的多发性街面犯罪,近年来呈现高发势头,特别是犯罪主体与波及区域扩大以及危害程度加深动向,令人触目惊心,已经构成城市社会和谐的严重威胁。导致街面犯罪高发的因素是多方面的,既有社会转型期城乡、贫富差距等一些本源性问题促使,也有法律制约和警务管理等外在因素影响。因此,重视民生、完善制度、发展经济、充分就业、健全社会保障是根本的解决办法,而健全法律体系、强化警务防范与打击力度,则可以压缩街面犯罪空间,促使不法分子放弃犯罪并走向合法道路。     

116例女性杀人案件法医学分析

本文通过对1993~2014年连云港地区116例女性杀人案件的受害人年龄分布、嫌疑人与受害人关系、现场特征、损伤工具及致命伤位置等进行统计分析,发现男女性之间由于心理、生理特征和性格等多种因素的影响,女性杀人案件呈现出自身特点:女犯罪嫌疑人与被害人的关系多为家庭内部成员,尤以夫妻或男女朋友居多;现场常位于室内,以卧室居多;工具多是居家常用的生产或生活用具;多选择受害人熟睡、酒后时作案,采用窒息、投毒、溺水等方式;损伤集中于要害部位,分布范围集中,打击次数多,致命性损伤、濒死伤和死后损伤多。     

杀人类案件犯罪嫌疑人基本特征的实证研究——以82名杀人类案件的犯罪嫌疑人为分析样本

杀人类犯罪是严重的刑事犯罪,对社会秩序和人民群众生命财产安全有着极大的危害。以往对杀人类犯罪的研究多在刑法学范围内进行定性分析和在侦查学范围内进行经验总结,缺乏以定量分析为主的实证研究。通过对82名杀人类案件犯罪嫌疑人的调查,分析他们在性别、年龄、文化程度、户口类型、籍贯、婚姻状况、前科、性格、犯罪意识和犯罪归因等方面展现出来的特征,期望这些研究结果能有助于研究者认识杀人类案件犯罪嫌疑人的特征并对侦查部门有的放矢的开展相关工作提供有益的思考和启发。     

路向与方法: 北美汉学家论孔子说《诗》

Late in the early time of the 20th century, Confucius’ literary thoughts aroused scholarly attention in the English world. Since the 1970s, two academic trends has emerged in North American sinology about Confucius’ critique on the Book of Poetry. These research is done along two directions: one on Confucius’ poetic points of view; secondly, the other on the relations between Confucius’ thinking mode and his literary thoughts. In sinologists’ studies of Confucius’ literary thoughts, varied research methods are adopted, including the shift of focus between the pragmatic and the lyrical; multi-phase close reading, method of double proof,approach of structuralism, and the post-modernist perspective.     

Human Fatality Due to Thallium Poisoning: Autopsy,Microscopy, and Mass Spectrometry Assays,

Thallium has been responsible for many intoxications since its discovery; however, toxicological profiles for thallium in human fatalities have not been updated recently. Autopsy, microscopic investigations, and toxicological analyses were performed on a married couple who died from thallium sulfate intended homicidal poisoning. The distribution of thallium was established by inductively coupled plasma mass spectrometry with hair samples showing the highest thallium concentration. Electron microscopy revealed a dystrophic condition of hair with disorganized cuticle and atrophy of the hair bulb. Thallium interacts with cells at different levels, with prominent ultrastructural injuries in the mitochondria and endoplasmic reticulum, and high concentration of electron dense granules observed in the cytoplasm and mitochondria of several organs. Alopecia, toxic encephalopathy, and peripheral neuropathy were diagnosed in the victims and suggested to be crucial implications for thallium poisoning. The analytical procedures used in this case are of considerable forensic importance in the diagnosis of thallium poisoning.     

Positional Asphyxia without Active Restraint Following an Assault

Deaths due to positional asphyxia are most often accidental, associated with alcohol and/or drug intoxication. A 19‐year‐old male is reported who was assaulted and placed in a head‐down position in the back of a car were he was later found dead. Brush abrasions indicated that he had been dragged to the vehicle. The head and right shoulder were wedged into the foot well with the body uppermost. At autopsy, there was marked congestion of the face, neck, and upper chest with conjunctival ecchymoses, bruising of the face and scalp, focal subarachnoid hemorrhage, minor cerebral contusion, and diffuse cerebral swelling with early hypoxic ischemic encephalopathy (HIE). Toxicology was negative. Death was attributed to HIE resulting from the unusual positioning of the body. Cases of positional asphyxia involving others may not always include restraint, and when encountered should initiate a careful evaluation of the possible events and lethal pathophysiological processes.     

Analysis of prostitution in Japan

Before World War II, we witnessed the purification movement, on which Christian groups embarked as moral entrepreneurs. After the war, female groups took the initiative in a movement for anti‐prostitution law. The movement resulted in the enactment of the Prostitution Prevention Law in 1956, which made prostitution a punishable criminal offense. On the other hand, in the United States in the 1960s, some criminologists advocated the necessity of de‐criminalization of victimless crimes, one of which was prostitution. Some groups of feminists also insisted on the de‐criminalization of prostitution to emancipate women toward a freer and more liberated sexuality. New ideas regarding the control, or lack thereof, of prostitution were then introduced into Japan — a country where decriminalization was not realized in the dimension of criminal laws.

With its rapid economic growth, Japan became a consumer's society, in which the demand for prostitution increased. In response to this trend, more prostitutes committed financially compensated sexual acts in disguised brothels or in other various call‐girl systems. However, the total number of offenses of the Prostitution Prevention Law exposed by the police has decreased drastically during the past thirty years. In essence, we now see the de‐criminalization of prostitution in the practices of law enforcement agencies.     

Service v. Security Focus in Training Assessments

ABSTRACT

As jails have moved to professionalize their staffs the role of the correctional officer has become broader in scope and now encompasses both service and security functions. However, some research suggests that female correctional staff may have more of a “service” orientation than males. In our analysis of one dataset from exclusively women's jail facilities we investigate correctional officer preferences for training (service v. security) to see if they differ by gender. We find that both male and female correctional officers generally rank service type training over security and that they differ little in their overall assessment of initial training provided and usefulness of in-service training. We also find that minority officers may be more likely to value service training than their nonminority counterparts.     

经济全球化背景下金融行政规制的新对策

全球化作为一种客观事实和发展趋势,越来越深刻地影响着世界各国的历史进程,在给人类带来福祉的同时,也将危机带至人们面前.美国次贷危机至今,全球经济仍在波动中缓步前行.这场来势汹涌的经济危机告诉人们,减少政府对经济社会干预为主要经济政策目标的新自由主义经济政策,在金融结构多元化、金融产品创新化的国际金融市场面前显得准备不足.本文旨在研究经济全球化背景下金融行政规制的新对策,使之在防范泡沫性风险的同时能够有助于一国金融体系的持续稳健发展.