论暴力取证罪罪名的确定及构成特征

暴力取证罪是指司法工作人员使用暴力逼取证人证言的行为。是97刑法典中的新增罪名,其罪名的确定是恰当的,此罪在客体、客观方面,主体、主观方面的特征均有争议,须予以澄清。     

对《刑法修正案（七）》第八条的理解与适用

《刑法修正案（七）》第八条将组织未成年人进行盗窃、诈骗、抢夺、敲诈勒索等违反治安管理活动的行为规定为犯罪,文章在罪名、客观行为方面以及此罪与彼罪的区分等问题上作了分析,以期更准确地理解和适用这一条款。     

试析我国加入WTO后治安警务工作需注意的几个关系

治安工作是公安机关的重要职能之— ,我国加入世贸组织后 ,治安警务工作需注意的几个关系要认真研究和明确 ,才能担负起维护社会治安稳定、治安行政管理、治安服务社会、打击违法犯罪的任务。需注意的几个关系 :一是在大局问题上注意开放与稳定的关系 ;二是在尺度把握上注意宽松与严格的关系 ;三是在法规扬弃上注意清理与建设的关系 ;四是在工作重心上注意管理与服务的关系 ;五是在警务执法上注意保护与打击的关系 ;六是在发展借鉴上注意继承与学习的关系     

A Comparison of Chinese and US College Students’ Crime and Crime Control Views

While there is a growing trend to look at criminal justice issues from an international perspective, there has been little literature examining differences in views of crime, criminals, punishment, and treatment between the citizens of the People’s Republic of China and the United States of America. Using data from 524 students at a large university in China and 484 students from a large public university in the USA this study found that, while US respondents were more likely to agree that crime was high in their country, Chinese respondents were more likely to feel that crime was the most serious social problem facing their society. Chinese respondents were more supportive of the death penalty for serious crimes but also were more supportive of rehabilitation of offenders in general. In addition, the study found similarities between students from the two countries in their views. The reasons behind the differences and similarities were explored.

积极开展创业教育 提高大学生就业率

为提高大学生尤其是高职毕业生就业率,学校应把扩大就业放在更加突出的重要位置,开展"创业教育",树立创业观念,开设创业课程,进行创业指导,建立创业基地.     

Understanding the Role of Repeat Victims in the Production of Annual US Victimization Rates

Victimization incidence rates produced from the National Crime Victimization Survey (NCVS) are a generally accepted annual indicator of the amount and type of crime in the United States. However, persons who report a large number of similar victimizations—known as series victimizations in the NCVS—are currently excluded in government reports of annual violent victimizations. This paper quantifies the effect of series incident counting procedures on national estimates of violent victimization. The findings suggest that these high-volume repeat victims can have a significant impact on the magnitude and distribution of violent victimization. Current government counting rules that exclude series incidents do not include about three out of every five violent victimizations and distorts the characterization and risk of violence in the United States. However, the inclusion of series incidents introduces significant estimate instability. One remedy is to use prevalence rates in concert with incidence rates to present a more complete and reliable picture of victimization.

论医疗过失刑事责任成立范围的限定

医疗行为较之于其他业务行为具有更高的风险性。如果让医务人员对所发生的任何损害结果都承担刑事责任的话,必然不利于医疗行为的完成。为此,有必要通过被允许的危险理论和信赖原则对医疗过失刑事责任的成立范围进行限定,减轻医务人员刑事责任过重的负担,这对于患者的利益维护及医学的进步有着极为重要的意义。     

浅析醉酒驾驶行为的法律规制

醉酒驾驶行为的法律规制应追求自由、秩序和正义的价值,以实现对醉酒驾驶行为的遏止。但现实中,醉酒驾驶行为的法律规制因行为的多发性、饮酒的习惯性和制裁的限制性而存在一系列困境,因此在司法实践操作中,需破除对刑罚威慑作用的盲目笃信,在刑法与行政法的顺畅衔接和危险驾驶罪增设资格刑的同时,仍需社会力量的配合。     

IMPACT OF VICTIMIZATION ON RESIDENTIAL MOBILITY: EXPLAINING RACIAL AND ETHNIC PATTERNS USING THE NATIONAL CRIME VICTIMIZATION SURVEY

Criminal victimization is known to influence households’ moving decisions, but theories suggest that the processes leading to a moving decision can vary across racial and ethnic groups. Drawing from current literature, we hypothesized that victimization would have a stronger effect on moving decisions for Whites than for Blacks or Hispanics, and that racial/ethnic residential segregation would moderate the impact of victimization on mobility. Using a longitudinal sample of 34,134 housing units compiled from the National Crime Victimization Survey for the 40 largest metropolitan areas in the United States (1995–2003), we found results that both support and contradict the hypotheses. Specifically, White residents display consistent evidence that victimization is a significant predictor of household mobility. Blacks and Hispanics, in contrast, are more varied in their moving behavior after victimization. In addition, significant differences exist among these groups in responses to victimization and in how mobility is influenced by residential segregation. Higher levels of residential segregation play a part in the victimization–mobility relationship among Blacks in a way that is more complex than we hypothesized.     

Area Differences and Time Trends in Crime Reporting: Comparing New York with Other Metropolitan Areas

Police measures of crime are shaped by victims’ decisions to notify the police. To obtain a better understanding of US crime trends, this study uses the National Crime Victimization Survey to examine geographic differences and temporal trends in crime reporting in New York and other metropolitan areas for the period 1979-2004. We find that net of crime characteristics and survey methodology, the New York metropolitan area showed fewer increases in crime reporting than did other metropolitan areas. These divergent trends suggest that the real differences in the drop of nonlethal violence between New York and other areas may have been smaller than those indicated by police-based crime statistics. We also find that from the early 1990s to 2004, New York showed a sharp decrease in the likelihood of victims perceiving that “police wouldn’t help.” This trend suggests that police reforms in New York City have not resulted in more victims using police-related reasons to explain their nonreporting behavior. Instead, researchers need to develop a broader theoretical framework (not an exclusive focus on police actions) to understand how police- and nonpolice-related factors may explain the geographic variation in the trends of reporting observed in this study.