非法行医罪的刑事政策分析

非法行医罪属于典型的法定犯罪,应在罪刑法定的前提下,合理划分刑法和行政法不同的规制范围,并坚持处罚上的轻刑化原则;在对非法行医犯罪化的过程中,应以法益侵害为基准,从非法行医行为是否严重侵害了国家医疗卫生管理秩序和公众生命健康权益这一实质标准去把握;对非法行医行为的刑法规制应坚持谦抑原则,尽管目前本罪非犯罪化的条件尚不具备,但非刑罚化措施应广泛适用.     

The Politics of Policy Design and Implementation: A Comparative Study of Two Belgian Service Voucher Programs

Abstract

When two policy programs, identical in many important respects, are implemented in the same national context, similar program results would be expected. If this is not the case, an explanation is needed. In this article two Belgian voucher programs are compared: one for household services and one for childcare services. The first program was termed a success while the latter was abandoned after disappointing results. Ideological differences between policy makers at cabinet level are identified as the most crucial factor explaining the contrasting results of the two programs. The failure of the childcare voucher scheme was due to its deeply flawed policy program design, particularly with respect to the implementing structure as well as the needs and demands of the designated target group. This comparative study confirms the usefulness and validity of two well-known theoretical constructs: an integrated implementation model and related statutory coherence thesis. The necessity of more attention to the potential influence of higher-level political-institutional factors and the dynamic interaction between policy formulation/design and policy implementation is one important lesson for contemporary implementation research. Another is that policy instruments per se do not determine policy results. Their role can only be fruitfully analyzed and explained in the context where they are selected and applied.     

Paying to Be Punished: A Statutory Analysis of Sex Offender Registration Fees

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from formal community sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n?=?28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed.     

The application of CT for 3D visualization of concealed bodies

In forensic radiology, computed tomography (CT) is often used as a medical imaging technique to identify the cause and manner of death of deceased victims of a possible crime. In this study, medical imaging is used to examine concealed bodies and packaging materials. Medical imaging techniques, mainly CT scan, were used to scan packaged or concealed bodies inside containers to identify clues and evidence indicating whether a crime might have been committed. Also, scene integrity and scene safety along with a systematic search for relevant evidentiary items value were considered.Eighteen concealed bodies that had been assessed using medical imaging techniques between 2010 and 2018 at the request of the Dutch National Police were selected. The file records of each case contained imaging data, a photographic record of the unpacking procedure, a list of all items and traces found in the package, and the forensic pathology report. The images were assessed with respect to the different aspects of the case and through a systematic approach.The packages included adult males, adult females, newborn infants, and animals. All human cases were related to criminal offences. In nine adult cases, evidence of a possible violent death could be determined using CT imaging. The cause of death in newborn infants, however, could not be determined. In cases of dismemberment, the completeness of the body could be determined by CT imaging, and the cutting surfaces of bones could be matched on CT images. Regarding scene safety and integrity, in this study all relevant macroscopic items were detected on the CT images.The CT-scans were supplemented with fiduciary markers to better map CT data with the real objects. This information in combination with 2D and 3D images provided the forensic investigator with information on how to unwrap the package layer by layer and help determine different types of packaging materials. Different textiles could not always be identified. The orientation of the body within the packages was provided in all cases, and advice could be given on the optimal approach to access the contents. The overall detection rate of items was 78%.This is one of the first studies to illustrate the contribution of medical imaging, specifically CT scan, to the analysis of concealed bodies and packaging materials prior to unpacking. This demonstrates its contribution to a systematic approach of the investigation by ensuring the safety and health of the investigator while documenting and maintaining the integrity of the crime scene. Imaging also provides information that can be helpful to determine whether a crime might have been committed and reducing the risk of damaging a concealed body. Medical imaging also provides the forensic investigator with information to draw up a workplan prior to unpacking, minimising loss of evidence and determining whether different forensic specialists (e.g., digital or DNA) are needed. It is therefore strongly recommended to use medical imaging, especially CT scanning, before opening a package containing a concealed body.     

刑法适用中扩张解释的方法及其界限——兼论扩张解释与类推适用之区分

刑法适用过程系具体化法律和抽象化案件事实的过程,法官应对存有疑义之条款进行解释。扩张解释系刑法解释之结果,在对刑法条款进行扩张解释过程中,应明确所运用的各种解释方法及其所遵循的步骤。德、日的典型判例及我国实践都存在正确和误用扩张解释现象,应正确运用刑法解释方法,明确扩张解释的界限,准确区分扩张解释与类推适用。法官在个案中无法运用扩张解释时,立法机关应当通过及时修订法律的方式填补法律漏洞。     

Insurgent Bodies in Cultural Responses to Reproductive Justice in Chile and Ireland

Transnational solidarity and comprehensive critiques of colonial legacies and patriarchal systems united the cultural responses created during the campaigns for reproductive justice in Ireland and Chile in 2018. This article considers the performance piece ‘Abortistas’ by the Yeguada Latinoamericana in Chile and the poem ‘Granuaile’ by Róisín Kelly in Ireland. Taking a decolonial feminist approach, this comparative study explores the interstices of art form and geopolitically distinct territories to examine how the creative practitioners' discursive construction of insurgent bodies aids critique of the lived experiences of women and pregnant people under the restrictive reproductive laws of both countries.