对色情业的公众意向的调查研究

调查结果显示当前我国民众对色情业的态度已经发生了较大的变化,色情业已不像过去是“过街老鼠,人人喊打”,民众对色情业容忍度的增加已经成为我国色情业屡禁不止的一个重要原因。     

组织男性从事同性性交易行为之定性研究——对李宁案的分析

刑法解释是刑法适用的一个重要方面。李宁组织卖淫案审理过程中对于刑法规范用语"卖淫"一词界定解释的争议,引起了社会的广泛关注,更引起刑法学者对于在罪刑法定原则下刑法解释限度问题的深入思考。刑法解释的基本立场存在着主观解释论与客观解释论的分歧。刑法解释应当坚持罪刑法定原则,既不能僭越刑事立法权,又不能拘泥于立法原意,而应在立法意蕴所允许的范围内,使刑法解释起到阐明立法精神、补救立法不足的功效。     

‘Lovers of liberty’?Prostitution and the Politics of Choice in Emma Donoghue’s Slammerkin

This article explores the way in which Emma Donoghue’s novel Slammerkin (2000) reflects long-standing feminist debates surrounding prostitution. We argue that not only does Donoghue’s portrayal of prostitution resist the pro versus anti dichotomy in which feminist perspectives on sex work are so often narrowly situated, but Slammerkin also foregrounds the complexity with which the politics of choice intersects with women’s decision to sell their bodies.     

How Targeted Enforcement Shapes Marketing Decisions of Pimps: Evidence of Displacement and Innovation

Abstract

Little research to date has examined how those who serve as intermediaries between clients and prostitutes (i.e., pimps) are influenced by targeted police interventions. While earlier work noted that displacement from risky online venues (i.e., Backpage and Craigslist) occurs, this study relies on data gathered from interviews with a purposive sample of pimps in the cities of Atlanta and Chicago to examine further the effects of targeted enforcement on where pimps advertise online and use of technological tools to reduce risk of detection. Pimps who advertised on the Internet were not different from those who used nonvirtual advertising, suggesting similar markets in the virtual and nonvirtual illicit sex trade. The vast majority of pimps who utilized the Internet for business continued to use Craigslist and/or Backpage to advertise and developed additional tactics to leverage their use. Some pimps broadened their presence on the Internet to other locations (specialized websites), moved to the deep web, and utilized different technological tools to reduce their risk of detection. Last, pimps adopted more interactive marketing strategies that permitted them to remain where their customers were familiar, but tap into sections of websites that previously had not been utilized.     

死刑存废的民意维度——以组织卖淫罪可罚性观念的测量为中心

概率样本数据显示,组织卖淫罪适用死刑的民意支持率极低,这与公共空间所呈现的舆论态势存在较大反差;围绕本罪死刑存废的拉锯过程对进一步推进死刑改革具有重要启示.由政治领袖推动的“突然死亡”式死刑废除模式在我国不具有可行性,而依靠精英话语引导民众支持死刑废除的思路则面临“精英观念缺位”的尴尬.以个罪死刑的民意支持度为依据,逐步废除罪刑失衡的个罪的死刑,是我国死刑改革的必由之路.在这一过程中,要特别防止“沉默的螺旋”等传播现象所导致的“错位民意”对立法与司法的不当影响.以官方人口统计信息为参照获取概率样本,采用匿名电脑调查法和“讲故事法”测量相对敏感的“外指观念”,是进行民意测量时可行且有效的方法.     

‘Welcome to the rape camp’: Sexual exploitation and the internet in cambodia

Abstract

Summary: This article reports a piece of original research into the links between the trafficking in women and children across the globe and how such trafficking practices have been facilitated by developments in technology and telecommunications. The connections between prostitution in the Mekong Sub-Region, pornography on the Internet, and sex tourism have also been researched, based on the experiences of women and children and the men who exploit them.     

从“组织同性卖淫案”看我国刑法扩张解释方法的运用

扩张解释是刑法解释的重要方法之一,它具有十分积极的作用,但在司法实践中却不易把握。从一起“组织同性卖淫案”出发,探讨刑法扩张解释方法的几个界限划分,对扩张解释方法的运用作了阐述。     

Child sex tourism: extending the borders of sexual offender legislation

Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism.     

Let's go outside: bodies,prostitutes, slaves and worker citizens

In liberal thought, slavery is imagined as reducing the human being to nothing but a body, while the free and equal political subjects of modern liberal democracies are held to be abstract, universal and disembodied individuals. In theory, bodies are also unimportant in the wage labour exchange. Though traditional models of worker citizenship insist on state and employers' duty to protect the human worth of worker citizens, they also assume the disembodied, thing-like nature of commodified labour power. Because bodies are so obviously important in the exchange between prostitute and customer, sex work is difficult to reconcile with liberal fictions of disembodiment, and one strand of feminist debate on prostitution is preoccupied by the question of whether prostitutes are like slaves or wage labourers. Protagonists on both sides of this debate often reproduce liberal understandings of labour power as a ‘thing’ that can be detached from the person. And yet labour power is also a contested commodity, and wage labour has historically been likened to slavery by activists struggling against the commodification of labour power. This article argues that stepping outside liberal fictions of disembodiment and recognising the parallels between prostitution, wage labour and slavery would allow greater scope for establishing a common political subjectivity amongst prostitutes, other wage workers and all those who have an interest in halting and reversing the current global trend towards the commodification of everything. In this way, common political ground between prostitutes and other wage workers is more visible when we step outside liberal assumptions about embodiment, slavery, work and citizenship.     

卖淫嫖娼行为处置工作新论

卖淫嫖娼在我国属于一种违法行为 ,对其进行规制 ,以达致道德与理性的平衡 ,在市场经济条件下具有重要意义。为了回应当前的卖淫嫖娼合法化理论倾向 ,有必要从人性基础、道德情感以及社会价值等方面对卖淫嫖娼行为进行法理学上的剖析。只有在此基础上 ,结合对行政、司法实践运行不力的反思 ,才能够认清处置工作改革的必要性 ,并把握相应的改革方向。