非刑罚处罚司法适用情况调查与法理研究

非刑罚处罚措施在实践中极少被适用。由于我国《刑法》第37条规定的非刑罚处罚方法并不丰富，“犯罪情节轻微不需要判处刑罚”、“可以根据案件的不同情况”等条件设置缺乏量化内容，导致非刑罚处罚的标准非常模糊。检察机关是非刑罚处罚刑事适用的当然主体。非刑罚处罚适用条件包括犯罪情节轻微性、刑罚处罚豁免性、非刑罚处罚必要性等三方面内容。非刑罚处罚适用范围应按照合法性原则界定，只有刑法规定应当或者可以免除刑罚的情形，才能予以适用。     

论金融犯罪的刑罚配置

金融犯罪行为所造成的危害是严重的,损失是巨大的,因此,探究其行为的成因,预防其发生,就成为一个非常急切的课题。本文通过对金融犯罪处罚方式的法经济学分析,提出对其增加剥夺特定职业资格刑的处罚,以达到寻求最优化处罚方式。     

School Principals’ Perceptions of Crime Risk and Academic Climate: Links to School Safety Practices

ABSTRACT

Little is known about principals’ perceptions and their links to how school safety practices operate. Using data from School Survey on Crime and Safety from 2,009 public schools in the US, the current study examines the extent to which principals/administrators’ perceptions of academic climate and crime risk are related to school practices regarding safety and discipline. Results show that principals’ perceptions directly relate to school safety practices when controlling for school characteristics, and also explain how selected school characteristics relate to safety practices.Overall, the present study highlights the importance of principals’ perceptions of crime risk and academic climate in school safety practices. Policy implications and potential limitations of the study are discussed.     

控制股东:公司法框架下的责任重构

控制股东因其持股数量超过其他任何股东而对公司的运营决策直接或间接地具有实质控制权。我国公司法实务中存在着控制股东滥用其控制权 ,违法违规操作 ,损害公司及中小投资者利益的实例。确立控制股东对公司的忠实义务 ,确实履行出资义务 ,保障公司的独立人格 ;对其他股东的诚信义务 ,并以经营判断规则衡量之 ,在法律上对控制股东违反上述义务予以规制 ,具有紧迫的必要性     

司法实践中处理单位犯罪之惑简

现行刑事立法关于单位犯罪的规定相对抽象，导致相关单位犯罪的犯罪认定、入罪标准、刑事处罚在理论上存有争议，由此给司法实践带来颇多困扰。运用比较分析的方法，结合司法实践中的具体问题，从单位犯罪的认定、入罪标准的统一、对相关责任人员刑事责任的处理等三个方面予以具体阐述，明晰单位犯罪的相关问题。     

An Intermediate Sanction That Fosters the Mother-Child Bond

Abstract

Summit House is a residential alternative-to-incarceration program in North Carolina that operates in a home-like setting for female offenders and their children; the Program is designated an intermediate sanction. The Program has been recognized by experts in the field as a national model. And, in 1996 and 1998 respectively, it received two national awards-The President's Service Award and The Improvement of Justice Award. Despite national recognition and honor, however, little is known about the process by which the Program assists women in their role as mothers. This paper provides a process evaluation of the Summit House Program. To assess the Program, I reviewed an array of documents (e.g., resident manuals, incident reports, individualized treatment plans) and conducted a total of 44 interviews with administrators, staff, and clients. These individual face-to-face interviews took place in a private setting and averaged an hour in duration. Based on this information, I explain how the Program assists residents in building competency in the relationships they have with their children. The Program's strengths and weaknesses are highlighted and recommendations are offered for improvement.     

Perceptions and prevalence of stalking in a male sample

Abstract

Most research into stalking has focused on males as perpetrators and females as victims. The present study investigated firstly how males perceive the crime of stalking and secondly the prevalence of stalking and other intrusive activities in a male population. A sample of 210 British men was asked to indicate which of a continuum of 42 behaviours they believed to represent stalking. Clear subtypes of perceived stalking were identified, and these did not significantly differ from those produced by a female sample in earlier work (Sheridan, Davies and Boon, 2001). Thus, male and females hold similar views on which activities do and do not constitute ‘stalking’, Respondents were then asked to indicate whether they had personal experience of the same 42 behaviours and if they had, to provide free narrative on their ‘worst experience’. As expected, males reported substantially less experience of intrusive behaviour than females, and just 5.2% were judged to have suffered ‘stalking’. Whilst this figure is significantly below estimates made for females, it still indicates a notable risk for males and suggests that complaints of stalking made by males should be taken as seriously as those made by females.     

The influence of contextual information regarding the breakdown of relationships and perpetrator-target sex composition on perceptions of relational stalking

ABSTRACT

The present study examines the influence of prior relationship (with contextual information regarding the breakdown of the relationship) and perpetrator-target sex composition on perceptions of relational stalking. The study employed an experimental 7?×?2 independent measures design, and the sample comprised 1,260 members of the community residing in Australia, the United Kingdom and the United States. Participants received one of 14 versions of a hypothetical scenario and responded to scale items concerning the situation described. The situation was perceived to be most serious when the perpetrator was a stranger or a physically violent ex-partner and least serious when the perpetrator was an ex-partner of an unfaithful target. Scenarios involving a male perpetrator and a female victim were also perceived to be more serious than scenarios involving a female perpetrator and a male target. It is apparent therefore that the context of the relationship breakdown and the sex of the perpetrator and target significantly influence perceptions of relational stalking.     

Policy-makers’ perceptions on their sex offender laws: the good,the bad,and the ugly

The views and attitudes that lawmakers have about sexual offenders and sexual victimization can be influential in criminal lawmaking. And given the popularity of sex offender laws, policy-makers are central players in how state justice systems respond to sex crimes. Therefore, state-level policy-makers from across the country, who sponsored and passed at least one sex offender law in their state, (n?=?61) were interviewed about sex offenders and sex crimes. Policy-makers believe sex offender laws are too broad. The laws extend to nonviolent offenses, low-risk offenders, and thus dilute the law enforcement potency of sex offender registries. Policy-makers view existing sex offender laws as necessary to enhance public safety and as proof that lawmakers are responding to the needs and concerns of the public. Sex offender laws were also discussed as a source of political capital; a way to help ensure reelection. The sexual victimization of children and the media’s coverage of sex crimes were instrumental in these state-level policy-makers’ decisions to sponsor sex offender laws. Policy and research recommendations are offered.     

浅析我国的无效婚姻制度

无效婚姻与可撤销婚姻的界限不明,无效婚姻的范围过宽和可撤销婚姻的范围过窄,婚姻无效时对善意当事人保护的力度不够,是我国对无效婚姻立法的三大缺陷。兼顾制裁与救济,扩大撤销婚姻的范围,减少无效婚姻的种类,完善无效婚姻的法律后果和保护无效婚姻子女权益,进一步完善我国的无效婚姻制度。