嫖宿幼女罪再思考——一种国际公约的视角

嫖宿幼女罪自其设立之时就在学者中间存有争议,近年来发生的几起影响较大的嫖宿幼女案,更将争论推向社会各界。在这些争论中,更多的意见是废除嫖宿幼女罪,将嫖宿幼女并人奸淫幼女,以强奸罪论处。从国际公约的视角来看,嫖宿幼女罪的罪名确属不当,然而,将嫖宿幼女合并于奸淫幼女的意见也值得商确,事实上也难以实现。综合考虑各种因素,建议废除嫖宿幼女罪,将嫖宿幼女当作强迫幼女卖淫,以强迫卖淫罪论处。     

我国性价值观的发展与性犯罪立法的完善

刑法规范是伦理性最强的法律规范之一,随着经济、行政犯罪在刑法中的比重相应增加,刑法规范的伦理性逐步弱化,法益保护色彩加强。我国刑事立法的修改与完善方向是:直面同性恋,明确卖淫含义,不对强制猥亵的行为对象进行限制;对与淫秽物品有关的行为不宜泛犯罪化,应当就其场所、内容、范围、对象的不同加以区别;宽容对待隐私权,维护社会公德,加强对未成年人的保护;增加性贿赂的刑罚制裁,严厉打击权色交易。     

Ben L. Reitman,MD: colorful critical criminologist

Ben Reitman, a medical doctor, fought throughout his life for greater sympathetic understanding of and assistance to American’s underdogs. He spent his early years living among social outcasts and riding the rails with hobos. He then teamed up with Emma Goldman to advance her political agenda of anarchist ideas and in support of free speech. After an amiable split with Goldman, he worked in Chicago, treating prostitutes, performing illegal abortions, combating venereal disease, and battling to make birth control information freely available. Reitman also associated with several of the prominent members of the University of Chicago’s stellar sociology faculty and contributed importantly to their studies of urban life.     

Nyerere's Road to Socialism

The privatisation of Ashanti Goldfields Company (AGC) was an important part of Ghana’s neo-liberal reforms. Privatisation is explicitly intended to alter the balance of power between the public and private sector, and the process revealed much about the relationship between the state and the country’s business community. A close examination of the process confirms widely-held perceptions of the Rawlings government and its reform process as highly state-driven and subject to the personal idiosyncrasies of the country’s president. By contrast, Kufuor’s New Patriotic Party (NPP) demonstrated a less equivocal commitment to boosting the role of the private sector in the economy and employed a more routinely institutionalised set of interactions. While the outcome of these processes was sometimes counterintuitive, overall the privatization of AGC is likely to have shifted power out of the hands of the state and into the hands of an international set of shareholders.     

当前我国卖淫现象剖析

当前,卖淫问题引起有关部门的高度重视和社会公众的广泛关注。文章从社会学视角出发,在对妓女这一社会群体进行个案调查、走访有关部门的基础上,整合部分相关文献资料,对当前我国社会卖淫主体———妓女社群的基本情况和卖淫活动的基本特点及其发展趋势进行实证描述,并对卖淫产生、存在和蔓延的原因及由此带来的社会危害和诱发的社会问题进行分析,以期对有关部门抗制卖淫有所裨益。     

关于查禁卖淫嫖娼活动的立法、执法思考

当前卖淫嫖娼屡禁不止,究其原因与公安机关对卖淫嫖娼活动打击不力有很大关系,具体表现为 对卖淫嫖娼人的处罚以罚款为主,拘留处罚、收容教养的比例比较低、劳动教养处理的少之又少。 为此,应完善立法,提高罚款幅度,取消对卖淫嫖娼人员的警告处罚规定,进一步明确收容教育的 条件,限制公安机关的自由裁量权。在现行的法律框架下,应完善公安信息系统,重视已查处卖 淫嫖娼人员的信息收集与加工利用;加大对嫖娼人员的处罚力度,铲除买方市场;规范《治安管理 处罚裁决书》的送达,动员社会力量,共同参与对卖淫嫖娼活动的治理。     

Governing buyers of sex in the People's Republic of China

Abstract

This paper examines the developing body of Chinese prostitution law, and the nature of its implementation, with reference to mainstream media controversy surrounding the case of a male academic penalized as a buyer of commercial sexual services in late 2004. It argues that the protagonist's highly public ‘fall from grace’ may owe more to the Chinese media's new capacity to act as part of a disciplinary apparatus that extends beyond the purview of the Party-state – via its claim to promote freedom of information – than the presumed repressive ethos of the Chinese Communist Party.     

The production and reproduction of prostitution

This article is the result of a study aimed at grasping the knowledge of ‘prostitution’ since 1999 when the purchase of sexual services was criminalised in Sweden. Key informants drawn from the police, social services and voluntary organisations, who work in close proximity to prostitution, were interviewed. We focus on how the position of the informant, considering governmental and non-governmental exercise, effects her or his understanding, and reproduction, of the phenomena. The central themes are the question of definition, the importance of exposure and the occurrence of male prostitution. It is suggested that a study of these themes shows how the traditional position of the bad woman as vendor and the invisible man as purchaser is preserved. Hereby all the other constellations, that may as well be considered to be prostitution, remains unproblematized.     

The existing tensions in the defining of human trafficking at a UK and international level: a critical overview

Human trafficking is an ancient trade that took several forms over the centuries, from full blown state-perpetrated slavery through to illegal exploitative employment of migrants in the sex and other labor industries. At the start of the twenty-first century, a new definition of human trafficking was produced by the United Nations, within which are contained terms such as “coercion,” “deception,” “abuse of power” and “consent.” While the definition itself has largely been agreed upon, deep divisions – about the interpretation of those terms within the definition – continue to polarize the views of antagonizing political and feminist lobbying groups. The agreement on the definition seems to have served little in ironing the differences and the debates continue to be fuelled. In this article, the author elaborates on the tensions that surround the interpretation of the definition and argues that the main group to have fallen victim to the relevant yet inept international and individual state regulations is the trafficked people, while the traffickers tend to largely escape punishment. Rectifying the situation can be extremely challenging and requires sustained and large scale multinational collaborative work. So far, only little is being done to address the problem and the expectation is that it will become significantly worse before it eventually gets better.     

扩张“卖淫”含义之可行性分析

近年来同性卖淫现象引起刑法学者的关注。扩张＂卖淫＂含义至涵盖男性向女性卖淫、男性向男性卖淫和女性向女性卖淫符合我国娼妓之历史、当今性文化之新变化、卖淫型性犯罪立法目的和公安机关的规定。