试析几种毒品犯罪与其他犯罪的联系与区别

毒品犯罪与某些犯罪在司法实践中容易混淆 ,如 :走私毒品罪与普通走私罪 ;贩卖毒品罪与销脏罪 ;包庇毒品犯罪分子罪与包庇罪 ;窝藏、转移、隐瞒毒品、毒脏罪与洗钱罪等等 ,在认定时应注意区别。     

自然人缔约能力制度研究

自然人的缔约能力状态不仅影响了对其所缔结的合同效力的评判,也涉及到对相关合同主体权益的保护问题。我国现行法律有关自然人缔约能力的规定过于简单、抽象,借鉴有关先进立法例的做法,完善我国的自然人缔约能力制度,应是完善合同法的重要内容。     

网络共同犯罪之我见

网络共同犯罪是以网络为空间背景或者侵犯对象的特殊犯罪形态,与传统共同犯罪有着显著的区别。在网络共同犯罪的主观方面,行为人之间的意思联络一般通过网络形成,体现出不确定性和隐密性的特点;在犯罪的客观方面,共同犯罪行为中的实行行为必须依赖于网络完成,包含了很强的技术色彩。同时,网络的虚拟性和技术性特征也使共同犯罪人中的正犯、帮助犯、教唆犯的行为形式发生了新的变化。     

女性越轨理论百年述评

文献研究表明,对青少年越轨的理论解释往往忽视了对性别变量的考察。解释性别和越轨问题的文献非常有限。从20世纪初至今100多年的主要理论,阐述了主流理论中特质理论、社会化理论对女性越轨的解释,其中存在大量的社会性别歧视和偏见内容。当代女性主义理论流派对社会性别变量给予了高度重视。     

关于“教唆不满十八周岁的人犯罪的,应当从重处罚”的理解与适用

我国通说的刑法理论认为犯罪主体必须具有刑事责任能力,无刑事责任能力之人实施的危害行为不构成犯罪;同时,教唆不具有刑事责任能力之人实施"犯罪"构成间接正犯,对其也可以适用刑法第二十九条第一款的规定即从重处罚。这种观点一方面认为无刑事责任能力之人实施的危害行为不构成犯罪,另一方在他人教唆的情况下,无刑事责任能力之人却又可以实施"犯罪,"这种解释显然无法成立。     

The Impact of Relationship Status, Gender, and Minor Status in the Police Response to Domestic Assaults

Data from police records on 320 domestic violence calls for assistance collected during a four-month period from five jurisdictions operating under a pro-arrest statute in a Northeastern state were examined to determine the distribution of incidents by victim-suspect household relationship. It was hypothesized that, despite the lack of any statutory distinction, police compliance with the requirements of a pro-arrest statute—and mandatory arrest policies—would be higher in incidents involving a parent complainant than in incidents between other household members. Logistic and ordinary least-squares regression indicated that the odds of arrest for cases of child to parent and sibling assault were significantly higher than for other kinds of relationships, especially adult partner cases. Analyses also revealed that police compliance with victim assistance actions was significantly less likely for victims of parent to child and sibling violence relative to other victim-suspect relationships. The police were also more legalistic in the application of the statute to both female victims and female suspects. The implications of the increased role of extra-legal variables in the arrest decision (i.e. age, gender and relationship status) and the police support of parental authority are examined.     

社区矫正与社会和谐——21世纪中日青少年犯罪预防与社区矫正制度研究国际研讨会会议综述

会议围绕青少年犯罪的基本理论与实践、社区矫正制度的理论与实践进行了研讨,展示了社区矫正研究的最新成果。     

The Application of Missing Data Estimation Models to the Problem of Unknown Victim/Offender Relationships in Homicide Cases

Homicide cases suffer from substantial levels of missing data, a problem largely ignored by criminological researchers. The present research seeks to address this problem by imputing values for unknown victim/offender relationships using the EM algorithm. The analysis is carried out first using homicide data from the Los Angeles Police Department (1994-1998), and then compared with imputations using homicide data for Chicago (1991-1995), using a variety of predictor variables to assess the extent to which they influence the assignment of cases to the various relationship categories. The findings indicate that, contrary to popular belief, many of the unknown cases likely involve intimate partners, other family, and friends/acquaintances. However, they disproportionately involve strangers. Yet even after imputations, stranger homicides do not increase more than approximately 5%. The paper addresses the issue of whether data on victim/offender relationships can be considered missing at random (MAR), and the im-plications of the current findings for both existing and future research on homicide.     

Sex Workers and Cultural Policy: Mapping the Issues and Actors in Thailand

This article deals with the deeply controversial side of cultural tourism in mapping the position of the sex industry. In doing so, it places sex tourism in two epistemic contexts: one context expands the notion of cultural policies, the other notes the implicit and explicit origins and effects of cultural policies affecting sex work, although these positions are not mutually exclusive. Sex tourism, we argue, poses a particular challenge to the understandings embedded in these contexts. The sex industry points us to the limits of cultural policies, both in terms of expanding the scope of cultural industries and also in documenting their effects. So far, while we expand the list of cultural industries, the sex industry remains as the industry that must not speak its name. Officials do not want to name it; neither do they do much to stop it. Naming and mapping sex tourism is then a useful place to start. For empirical substantiation, Thailand is our case study. We document the cultural and economic importance of sex work. In doing so, we also remain sensitive to the context of racism, stigma, trafficking, and HIV/AIDS issues that intersect sex work.     

THE “END” OF MARRIAGE*

This article addresses four different meanings of the “end” of marriage. It rejects the broad interpretive assertion that Lawrence v. Texas and Goodridge v. Department of Public Health signal the destruction of the institution of marriage, though both are criticized for politicization and feeble legal analysis. Those decisions have provoked a backlash that may contribute to a rediscovery of and re‐valuation of the importance of the institution of (conjugal) marriage, as passage of state marriage amendments suggests. If Goodridge and Lawrence show that genderless unions are the ultimate form of marriage, they would lead to the end of democratic society as well as of the institution of marriage. The fragmentation of marriage by reduction to functional relationships is myopic. While current developments may make it harder for the institution of marriage to thrive, the institution of marriage is “here to stay.”