牵连犯若干问题探析

各国刑事立法对牵连犯态度各异,理论界对牵连犯的概念和牵连关系的认定也存在很大争议,这种现象给刑事司法实践造成了极大不便,因此牵连犯的处罚原则应当以数罪并罚为准,而将具备吸收关系特征的牵连犯置于吸收犯理论中讨论。在此意义上,牵连犯概念没有存在的必要,应当予以废除。     

Offender Characteristics and Behaviors in NonSexual Child Maltreatment

Data on 552 child maltreatment cases in South Korea involving convictions, including child physical abuse, emotional abuse, and neglect, were analyzed in order to compare 259 offenses committed by male offenders with 293 offenses committed by female offenders. Relative to cases involving female offenders, male offenders both had a higher number of criminal convictions and were more likely to have previously abused their victims. By contrast, female offenders were more likely to have had financial difficulties, while their victims were significantly younger compared to male offenders. Male offenders were more likely to strike the victim, either manually or with an instrument, particularly a blunt instrument, whereas female offenders were more likely to pinch or bite their victims. The findings can aid social workers and medical personnel in recognizing the signs of child maltreatment and identifying at-risk children more effectively, helping to employ timely interventions and prevent the reoccurrence of child maltreatment.     

对我国胁从犯制度的考量

我国刑法理论按作用标准划分了主犯、从犯、胁从犯三种法定的独立共犯人。对于胁从犯之说是否合理,学界存在争议。我国刑法中规定的“被胁迫参加犯罪”并不能成为胁从犯是法定独立共犯人的依据,它仅为一种共同犯罪的法定量刑情节。对于被胁迫参加犯罪的,应当按照行为人在共同犯罪中所起的作用,将其归入主犯或从犯加以处罚,在量刑时应当考虑＂被胁迫情节＂,以符合罪责刑相适应原则的要求。     

刑事侦查的成本收益分析及其理论应用

成本收益分析是法律经济学的主要研究方法,它不仅涉及到关法律价值等具有法哲学意义上的法学理论问题,而且涉及到具体的法律问题和几乎所有的部门法领域,刑事侦查领域亦不例外。我国侦查部门的办案资源严重缺乏且存在资源配置不合理、利用不充分的情况,由此导致侦查工作的低效益。目前的侦查现状对经济分析方法的运用提出了现实性的要求。本文借助于微观经学的分析工具,分析了刑事侦查学的成本与收益并构建理性犯罪人模型与刑事侦查边际收益递减模型,以此为基础指出我国目前刑事侦查活动的低效益现象并提出若干建议。     

浅析雇佣犯的认定

雇佣犯是指以提供约定的报酬为条件,要求他人为其实施特定犯罪行为的人。雇佣犯的认定,不能一概而论,应根据受雇人是否存在实行过限的情形,对雇佣型组织犯、雇佣型正犯、雇佣型教唆犯以及雇佣型帮助犯等情况下的实行过限问题进行具体分析。另外,根据雇佣犯所处的犯罪阶段的不同,应具体分析雇佣犯的犯罪未完成形态,包括在犯罪预备、犯罪未遂和犯罪中止下雇佣犯问题。     

间接正犯之错误探析

间接正犯是刑法理论中的重要问题,间接正犯的复杂性和特殊性给理论界和司法实务都带来了挑战。理清间接正犯与教唆犯、帮助犯的区别,深入认识和理解间接正犯错误概念的实质,有利于准确区分间接正犯错误的类型,廓清间接正犯理论上的纷争和迷雾,正确地对间接正犯定罪量刑。     

谈我国刑法对共同犯罪的修订与完善

犯罪团伙包括犯罪集团和一般共同犯罪,犯罪集团是三人以上为共同实施犯罪而组成的较为固定的犯罪组织。聚众犯罪是一个和共同犯罪交叉的概念,即使聚众犯罪构成共同犯罪也不是犯罪集团。犯罪集团的首要分子对集团所犯全部罪行承担刑事责任,一般主犯则只对其参与、组织、指挥的全部犯罪承担刑事责任。对不同的共同的犯罪人采取不同原则,以体现罪责刑相适应的原则。     

The European Forum for Victim–Offender Mediation and Restorative Justice

The European Forum for Victim–Offender Mediation and Restorative Justice is a non-governmental organisation set up because European victim–offender mediation projects had seldom established contacts beyond national borders. Informal contacts revealed that practitioners, academics and policy makers were looking for a more regular exchange and mutual support in developing victim–offender mediation and other restorative justice practices. This article gives an overview of the background to restorative justice and victim–offender mediation, and pays attention to the development of the Forum, its current aims, objectives and activities, and other (policy) developments at a supranational level.     

DOES WHAT POLICE DO AT HOT SPOTS MATTER? THE PHILADELPHIA POLICING TACTICS EXPERIMENT*

Policing tactics that are proactive, focused on small places or groups of people in small places, and tailor specific solutions to problems using careful analysis of local conditions seem to be effective at reducing violent crime. But which tactics are most effective when applied at hot spots remains unknown. This article documents the design and implementation of a randomized controlled field experiment to test three policing tactics applied to small, high‐crime places: 1) foot patrol, 2) problem‐oriented policing, and 3) offender‐focused policing. A total of 81 experimental places were identified from the highest violent crime areas in Philadelphia (27 areas were judged amenable to each policing tactic). Within each group of 27 areas, 20 places were randomly assigned to receive treatment and 7 places acted as controls. Offender‐focused sites experienced a 42 percent reduction in all violent crime and a 50 percent reduction in violent felonies compared with their control places. Problem‐oriented policing and foot patrol did not significantly reduce violent crime or violent felonies. Potential explanations of these findings are discussed in the contexts of dosage, implementation, and hot spot stability over time.     

BITING ONCE,TWICE: THE INFLUENCE OF PRIOR ON SUBSEQUENT CRIME LOCATION CHOICE

Properties, victims, and locations previously targeted by offenders have an increased risk of being targeted again within a short time period. It has been suggested that often the same offenders are involved in these repeated events and, thus, that offenders’ prior crime location choices influence their subsequent crime location choices. This article examines repeated crime location choices, testing the hypothesis that offenders are more likely to commit a crime in an area they previously targeted than in areas they did not target before. Unique data from four different data sources are used to study the crime location choices of 3,666 offenders who committed 12,639 offenses. The results indicate that prior crime locations strongly influence subsequent crime location choices. The effects of prior crime locations are larger if the crimes are frequent, if they are recent, if they are nearby, and if they are the same type of crime.