垄断行为入罪之实体与程序问题研究

我国《反垄断法》对垄断行为并未规定刑事责任,这对垄断行为的防治不利,同时也不符合国际通行做法和我国的立法习惯。垄断行为由于其严重的社会危害性和刑罚的无可避免性应当入罪。根据我国实际,应在慎刑原则的指导下从严控制适用范围和刑罚力度;同时设计特定的刑事诉讼程序,以利于对垄断犯罪行为的防治和查处。     

论绑架罪的既遂标准

关于绑架罪的既遂标准，理论界存在“犯罪目的实现说”、“目的行为完成说”与“绑架行为完成说”的分歧。因为犯罪既遂的判断应以“构成要件说”为准，而绑架罪在客观方面又只需具有绑架他人的单一行为，所以绑架罪既遂的标准应是绑架行为的完成。     

我国未来犯罪构成体系建构亟待澄清的关系范畴

兴起于21世纪初的犯罪构成体系研究开启了我国刑法学界难得一见的学术论争。但这一论争过程由于缺乏对一些基本关系范畴的统一认识,从而呈现出较大的随意性。这些基本的关系范畴主要表现为：犯罪构成与犯罪概念之间的关系,以及犯罪构成与犯罪构成要件之间的功能关系。我国通说关于这两大基本关系范畴的解说有待商榷,在犯罪构成与犯罪概念之间二者并不是本质与现象、反映与被反映的关系,而是一种对同一对象的不同表述关系;在犯罪构成与犯罪构成要件之间也不是一种整体与部分的关系,二者的应然功能应有所不同：前者是“认定犯罪”,后者是“罪之法定”。因此,如果一定要在犯罪构成与犯罪构成要件之间寻找某种联系,则可以通过将“罪状”的概念引入犯罪构成理论中,从而通过罪状将二者联系起来。     

Visualization of Latent Fingerprint Corrosion of Brass

Abstract:  Visualization of latent fingerprint deposits on metals by enhancing the fingerprint-induced corrosion is now an established technique. However, the corrosion mechanism itself is less well understood. Here, we describe the apparatus constructed to measure the spatial variation (Δ V ) in applied potential ( V ) over the surface of brass disks corroded by latent fingerprint deposits. Measurement of Δ V for potential of 1400 V has enabled visualization of fingerprint ridges and characteristics in terms of this potential difference with Δ V typically of a few volts. This visualization is consistent with the formation of a Schottky barrier at the brass-corrosion product junction. Measurement of the work function of the corroded brass of up to 4.87 ± 0.03 eV supports previous results that suggested that the corrosion product is composed of p-type copper oxides. A model for the galvanic corrosion of brass by ionic salts present in fingerprint deposits is proposed that is consistent with these experimental results.     

Effect of Gas Chromatography Temperature Program on the Association and Discrimination of Diesel Samples*†

Abstract: Five diesel samples were analyzed by gas chromatography–mass spectrometry (GC‐MS) using six GC temperature programs, aiming to investigate the effect of temperature program on association and discrimination of the samples. Temperature programs varied by ramp rate and incorporated one‐ or two‐step temperature ramps. Pearson product moment correlation coefficients and principal components analysis were used to evaluate differences in discrimination among the diesel samples afforded by each temperature program, based on the total ion chromatogram (TIC) and selected extracted ion profiles (EIPs). Association of diesel replicates and discrimination among samples based on the TIC and aromatic EIP were similar for all temperature programs based on scores plots. The alkane EIP was not useful in discriminating samples regardless of temperature program, because of similar alkane content of the diesel samples. The association and discrimination of diesel samples was largely unaffected by temperature programs that incorporated one‐ or two‐step temperature ramps.     

Cutting the Grass: A Reexamination of the Link between Marital Attachment,Delinquent Peers and Desistance from Marijuana Use

Recent work indicates that marriage contributes to desistance from crime. However, two prominent interpretations of this relationship have been offered. The first, rooted in informal control theory, suggests that the marriage effect is a direct result of social bonds that tend to accompany matrimony. The second contends that the effect is indirect and due to the impact of marriage on patterns of delinquent peer association. Using data from waves 5 and 6 of the National Youth Survey, this study re-analyzes these interpretations by examining the relationship between marital attachment, delinquent peer association and desistance from marijuana use. Although change in delinquent peer association is a powerful predictor of marijuana desistance, findings are also consistent with the control theory interpretation of the marriage effect. Implications and limitations of the current study are noted.A previous version of this paper was presented at the 2000 meeting of the American Society of Criminology in San Francisco, CA.     

Parenting,Peer Orientation,Drug Use,and Antisocial Behavior in Late Adolescence: A Cross-National Study

The objective of this study was to investigate the links between maternal and paternal bonding, parental practices, orientation toward peers, and the prevalence of drug use and antisocial behavior during late adolescence. A model was tested using structural equation modeling in order to verify the robustness of the investigated links across 3 countries: Canada, France, and Italy. A self-report questionnaire was given to a sample of 908 adolescents, with an equivalent number of girls and boys, in Grade 11. The questionnaire assessed the following variables: parental bonding, parental supervision, parental tolerance, orientation toward peers, involvement in physically aggressive antisocial behavior, non-physically aggressive antisocial behavior, and drug use. The model was robust across the 3 countries, thus confirming a path that identified quality of emotional bonds between adolescents and their parents as a distal variable acting upon deviant behaviors through the following mediators: parental supervision, parental tolerance, frequency of conflicts, and orientation toward peers. Michel Claes is full professor at the Université de Montréal, Canada. He received his Ph.D. in Education from Université Catholique de Louvain, Belgium. His major research interest is in social development in adolescence, with a special focus on intercultural studies.     

Identification and comparison of electrical tapes using instrumental and statistical techniques: I. Microscopic surface texture and elemental composition

Comparisons of polyvinyl chloride electrical tape typically rely upon evaluating class characteristics such as physical dimensions, surface texture, and chemical composition. Given the various techniques that are available for this purpose, a comprehensive study has been undertaken to establish an optimal analytical scheme for electrical tape comparisons. Of equal importance is the development of a quantitative means for sample discrimination. In this study, 67 rolls of black electrical tape representing 34 different nominal brands were analyzed via scanning electron microscopy and energy dispersive spectroscopy. Differences in surface roughness, calendering marks, and filler particle size were readily apparent, including between some rolls of the same nominal brand. The relative amounts of magnesium, aluminum, silicon, sulfur, lead, chlorine, antimony, calcium, titanium, and zinc varied greatly between brands and, in some cases, could be linked to the year of manufacture. For the first time, quantitative differentiation of electrical tapes was achieved through multivariate statistical techniques, with 36 classes identified within the sample population. A single-blind study was also completed where questioned tape samples were correctly associated with known exemplars. Finally, two case studies are presented where tape recovered from an improvised explosive device is compared with tape recovered from a suspect.     

网络反腐过程中的越轨行为及其防范

网络反腐作为一种新兴的反腐形式,是传统反腐渠道的有力补充,在反腐倡廉建设中发挥了重要作用。但由于受网络环境无序性、反腐工作复杂性以及网络反腐规范不足等因素影响,网络反腐主体、客体、舆论监督媒体及反腐部门的越轨行为层出不穷,并可能催生"网络暴力"、阻碍反腐案件查处甚至引发公众信任危机。这对网络反腐的有序发展和社会的和谐稳定产生危害,因此,必须对网络反腐过程中的越轨行为进行有效防范,建立官民互动平台,畅通反腐渠道,推进网络实名制,加强网络越轨行为的法律规范,提升媒体监督合力,促进体制内外监督。