社会稳定与刑罚改革的人权刑法观思考

我国刑法中有关“非监禁刑”的规定需要修改和完善,这是刑罚改革的一项重要内容,它与保证社会稳定的关系密切,其本质涉及到对人权刑法观认识的深化。     

人文主义与中国古代刑制

中国古代刑制很早即表现出尊重生命的人文主义倾向.这种带有一定的人文主义倾向的有关规定,不仅有利于缓和当时的社会矛盾,减轻人们的痛苦,在一定程度上保护了社会生产力,而且促进了中国古代刑制的进步与发展.     

论公安刑事法律文书制作的合法性

公安刑事法律文书的制作应具有合法性,这是我国法治建设的内容之一。公安刑事法律 文书的合法性表现为制作主体、制作格式、制作内容、制作程序等四个方面。     

Missed Opportunities and New Risks: Penal Policy in England and Wales in the Past Twenty‐Five Years

This paper discusses trends in criminal justice and penal policy over the past twenty‐five years. This period has been characterised as a time of penal populism, which originated in the failure of the 1991 Criminal Justice Act, and the competition between the main political parties to be ‘tough on crime’. However, this is not the only trend to be found in penal policy. There has continued to be a strong undertow of support for rehabilitation and community penalties, including restorative justice. There has been pressure from the left as much as the right to take domestic violence, sexual offences against women and children, and hate crimes more seriously. There have been pressures to meet performance targets—which gradually transformed into calls to build the legitimacy of the justice system. Finally, there have been pressures to privatise criminal justice agencies. These various impulses have sometimes amplified and sometimes counteracted the pressures towards tough penal policy. If the period of intense penal populism ran from 1993 to 2007, inertia in the system has ensured that there have been no significant attempts to row back from tough policies, and to reassert the values of penal parsimony. Given that money has been tight since 2007 and crime has continued to fall, this must amount to a lost opportunity of significant proportions.     

Breaking Bad News: Penal Populism,Tabloid Adversarialism and Brexit

This article analyses the role that British conservative tabloid newspapers play in promoting penal populism and delegitimising liberal prison reform initiatives. Principally, we consider how different sections of the British press reacted to the then Prime Minister David Cameron's prison reform speech of 8 February 2016. The analysis illustrates how different newspapers cohered around two diametrically opposing interpretations of the scandalous state of the prison system, reflecting distinctive penal philosophies and moral positions. In the context of penal populism and the populist furies unleashed by the Brexit campaign, the central research finding is that the comparatively passive and equivocal support offered by the broadsheets was no match for the vitriolic attack mounted by the conservative tabloids on the ‘soft justice’ parts of Cameron's prison reform agenda. We conclude by arguing that the stark lesson to be learned is that the scandal‐ridden prison is a particularly toxic issue marked by serial policy failure. Consequently, in a febrile, intermediatised penal populist context, why would any political leader take on the manifest risks associated with embarking on liberal prison reform?     

Women and Penal Reform: Two Steps Forwards,Three Steps Backwards?

Since publication of the Corston Report in 2007, initiatives with regard to women and criminal justice in England and Wales have been marked by positive steps on the one hand, but reversal and failure on the other. A central element to this narrative has been the enthusiastic development of community‐based services for women, only to be followed by the subsequent dissipation of government energy, a diminution of interest, and a decline in funding. In this article, some of the complexities of the reforms are considered, a detailed reading is provided of the various initiatives as an historical record, and the context(s) in which the steps forward and backward can be understood is reflected on. In light of the evidence, it is argued that if women's centres are to be successful in facilitating and supporting movements away from crime, then there is an urgent need for a consistent strategy derived from evidence‐based research and experience.     

我国犯罪构成理论研究现状及其发展趋势

从我国刑法典正式颁布实施,到现在已经有将近30年的历史.可以说新中国刑法典的颁布,极大地促进了我国刑法理论的发展.而在刑法理论中,最为重要的当属犯罪构成理论.我国学者们不断地研究犯罪构成理论,并针对犯罪构成理论中存在的具体问题,阐述了自己的观点,因此,我国犯罪构成理论研究近年来又展现出鲜明的发展趋势.     

刑事辩护律师权利保障与责任平衡

辩护制度作为保障弱势一方人权的设置是否合理直接影响着国家的司法公正与正义实现，因此，刑事辩护律师权利保障及如何与责任相平衡已成为各国普遍关注的问题。     

职务犯罪死刑存废的理性思考

我国《刑法》为职务犯罪配置了死刑,司法实践中也有贪官被执行了极刑,然而我国职务犯罪的犯罪率却连年攀高,所以这不得不使我们反思我国职务犯罪死刑的设置对于控制职务犯罪的作用。首先从职务犯罪的概念界定谈起,进而从职务犯罪发生的内外因等角度论述我国废除职务犯罪的必要性,并进而就我国目前在未废除职务犯罪的死刑这一现实情况下,探讨如何严格控制职务犯罪的死刑。最后,就未来逐步废除职务犯罪死刑的路径进行具体的设计。     

The Penalisation of Poverty and the rise of Neo-Liberalism

This article explicates and extends the analyses put forth by the author in his book, Prisons of Poverty, which argues that the generalised increase of carceral populations in advanced societies is due to the growing use of the penal system as an instrument for managing social insecurity and containing the social disorders created at the bottom of the class structure by neo-liberal policies of economic deregulation and social-welfare retrenchment. It retraces the steps whereby this neo-liberal penality was elaborated in the United States and then diffused throughout the world, but contends that European countries are not blindly following the American road to mass imprisonment: Europe's path to the penal state entails the conjoint intensification of both social and penal treatments of poverty and the activation of the policing functions of welfare services leading to a form of social panoptism. Only the building of a Europe-wide social state can check the spread of the penalisation of poverty and its deleterious social consequences.