盗窃罪中的法律拟制问题研究——以《刑法修正案（八）》第39条的规定为视角

我国刑法中存在不少法律拟制规定,其出现的根本缘由在于立法者通过影响刑法规范来贯彻某种能够满足社会特定需要的政策和意图。将特殊盗窃归为盗窃罪的牵强与异常,以及立法者基于某种社会特定需要将严厉惩治和打击盗窃行为的政策和意图注入刑法使得特殊盗窃犯罪化等,正是《刑法修正案（八）》第39条对特殊盗窃行为的定性中存在法律拟制的根据所在。然而,法律拟制天生存在着不合理性与不公正性,如忽视了刑法的人权保障机能、有悖于实质正义与主客观相一致的原则等,因此,必须在罪刑法定原则的界域内对修正案规定的特殊盗窃进行严格的解释或限定。     

社会空间的拓展与构建和谐社会

社会空间的拓展是社会历史自然进步的结果,也是中国公民社会形成的前提条件,充分发挥社会空间的作用是构建和谐社会的必需。     

住宅价格如何影响城镇居民消费——基于状态空间模型的研究

基于时变参数状态空间模型,利用1999年到2016年的季度数据测算了我国住宅价格对城镇居民消费影响的时变特征。结果表明,我国住宅价格对消费的影响整体上呈现微弱的财富效应,住宅价格的MPC位于0.0543到0.1155之间。2004年之前住宅价格上升对消费的影响波动剧烈,2004年后大致呈现先上升,2013年后开始下降的“倒U”型趋势。这说明近年来房价上升对消费的挤出效应迅速增强。鉴于此,从挤出效应传导机制入手,政府应该谨慎平稳调整房价、增加保障性住房供给,并提高城镇化进行中外来人口收入。     

从罪犯到地点：犯罪空间防控的兴起

街面犯罪的持续暴涨引发了各界对潜在罪犯的犯罪防控模式的反思,犯罪地理学的发展、美国地点警务的日臻成熟与上述反思一道,促成了基于城市犯罪聚集热点的空间防控的兴起。犯罪的空间防控为警务应对的改进、平安中国建设的完善及防卫空间刑事政策的发展带来了全新的尝试与改良的契机。     

Digital Technology and Cultural Heritage Sites in the City of Tshwane

This article examines the feasibility and sustainability of digital technology to promote cultural heritage sites in the City of Tshwane (CoT), South Africa. Post-Apartheid development imperatives compel the CoT to construct new cultural sites. Over time, the number of visitors to the places declined. The CoT introduced digital technology to collect and repackage information on some of the cultural edifices to add value to them. However, the absence of heritage/digital technology impact analysis and cultural policy in the CoT could compromise the program. The article recommends further introduction of important facilities and services in the sites to increase public interest.     

The Camorra closely observed

An article that discusses how information and communications technology (computer systems and data transmission) are used as ‘cyber weapons’ for criminal purposes. It canvasses a number of legislative policy options for controlling their misuse. The paper concludes with the view that implementing some form of cyber weapons laws – in the same vein as firearms legislation – would not only help ensure society's domestic well-being, but would also aid national security.     

Binding: a resource for exploring interpersonal meaning in three-dimensional space

This paper takes an in-depth look at Binding, a recently theorised resource for analysing interpersonal meaning in three-dimensional space. Binding is concerned with the dialectic between affect and space. Extremes of Binding can evoke claustrophobic and agoraphobic responses to space, whereas median choices produce comfort zones of security or freedom. In considering how security and insecurity are experienced in the spatial realm, the paper also compares Binding with the resources language has for expressing similar meanings. While the examples used in this paper are drawn from the domestic sphere, Binding is relevant to spaces across an endless range of fields – the natural environment, schools, workplaces, retail sites, hospitals, museums – as well as virtual and literary spaces. It can be used to inform the design and analysis of all three-dimensional space – natural or built.     

“Don’t Frack with Our Karoo”: Water,Landscape, and Congregational Song in Kroonvale,South Africa

There is a new environmental threat to the South African Karoo region in the form of hydraulic fracturing (or “fracking”) for natural gas reserves buried deep underground. In this article, I use the issue of fracking in the Karoo to investigate the power of this landscape over its people and focus particularly on the question of how the cultural traditions of the Karoo would be affected. In contrast, W.J.T. Mitchell argues that landscape exerts a relatively weak power over its residents. My work serves as a critique of theories that see landscape as exerting only marginal influence over people. I argue that not only does landscape exert a palpable power over its inhabitants, but also that landscape affects the musical traditions of these residents and, ultimately, the configuration of the Karoo soundscape. To investigate this, I draw on my research of music in three churches with coloured people’s membership in the town of Graaff-Reinet and examine this tradition in the context of its surrounding landscape.     

NATO's nuclear addiction – 12 steps to ‘kick the habit’

The article argues that NATO is a nuclear-addicted alliance. It focuses on how the addiction developed, the damage caused by the addiction and ways in which it may be overcome. After outlining the origins to NATO's nuclear addiction, the article turns to the recent defence and deterrence posture review (DDPR), which is seen as a classic example of ‘addict behaviour’ spoiling the best chance NATO has had for overcoming its addiction. The article offers an assessment of the DDPR, portraying the outcome of the process as not only a lost opportunity, but unfortunately also as a position that limits the possibilities for reaching a constructive agreement on the important question of the remaining non-strategic nuclear weapons based in Europe. The article ends by suggesting 12 steps for NATO to overcome its addiction, although it is acknowledged that the DDPR has severely restricted NATO's room for maneuver leaving only a slim chance for ‘complete recovery’.     

Against General Theory in Comparative Research

This paper argues against the search for a general theory of crime causation in comparative criminology. It includes a critique of two advocates of general theory, and offers three propositions which suggest appropriate strategies for theory construction in comparative research.