论合力与构建社会主义和谐社会

一个合力的社会,才会是充满活力、蒸蒸日上、协调发展的社会;一个合力的社会,必然要求建设一个全面和谐的社会。构建和谐的社会,才会是充满亲和力、向心力、形成强大凝聚力的社会。     

共同正犯相关问题研究

作者探讨共同正犯的相关问题 ,提出共同正犯是共犯类型 ,并对国外刑法理论关于共同正犯理论的犯罪共同说、行为共同说和意思主体共同说进行了评析 ,提出了共同正犯成立的基本范围 ,分析了共同正犯的主观要件和实行行为形态 ,并就共谋共同实行行为、继承的共同实行行为、分担的共同实行行为等存在较大争议的问题进行分析 ,提出了自己观点。     

共同受贿犯罪主体的认定

受贿罪共同犯罪主体的认定问题,不仅作为典型的共同犯罪问题而倍受关注,而且对当前惩治贿赂腐败,加强廉政建设具有重要的现实意义。结合刑法学共同犯罪理论及司法实践,对非国家工作人员能否成为共同受贿罪的主体,以及如何认定共同受贿犯罪的主体等问题进行深入探讨非常必要。     

Double Lives, Double Narratives: Tracing the Story of the Family in Rousseau, the Swiss Civil Code and the Fathers’ Rights Debates

A recent parliamentary postulate in Switzerland calling for joint custody as the legal norm argues that fathers are discriminated against in Swiss divorce law. This postulate has incited a debate which circles around issues of equality, the role of fathers and mothers, and the good of the child. Our article, uniting approaches from literature, cultural studies, and science and technology studies, examines the arguments sparked by the debate with a view to different takes on gender and family. In doing so, it traces the roots of contemporary Swiss family law in the Rousseauian narrative of family life in Emile ou de l’education; it explores the manner in which scientific knowledge is marshaled to lend political legitimacy to current debate; and it asks finally how narrative bridges the gap between public discourse and lived experience.

同性性犯罪的有关问题

在我国,由于社会传统文化的影响和法律制度的不健全,同性性犯罪中受害者的权利得不到有效保障。因此,有必要借鉴国外立法经验,加大对同性性犯罪的法律控制,加强对同性恋群体权利的研究和保护。     

Psychiatric and Forensic Differences Between Men Charged with Sex Offences and Men Charged with Other Offences

Studies on differences between individuals convicted of sexual offences and nonsexual offences are sparse and there is an on-going debate as to whether sexual offenders differ from other offenders. The primary aim of this study was to determine demographic characteristics, prevalence of mental disorders, alcohol and drug use at the time of the crime and the criminal responsibility of individuals charged with sexual offences, compared to nonsexual crimes, with the aim of bringing awareness to the similarities and differences between men charged with sex offences and those charged with other crimes. This is a single-institution retrospective study of subjects charged with sexual offences and sent for institutional psychiatric evaluation to a Forensic Psychiatric Centre in an urban, academic, tertiary-care center. The control group consisted of individuals charged with nonsexual offences referred to the same center. Results showed significant differences between individuals charged with sexual offences and nonsexual offences. Men charged with sex offences more frequently committed their crimes alone and victimized children equally as often as adults. They also less frequently pleaded guilty in court. They were more likely to be abused in childhood and more often had antisocial personality disorder and paraphilias and less often substance-related disorders. The majority were considered criminally responsible. Our results show that sex offenders are different from nonsex offenders in many characteristics of their personal history, offence characteristics and forensic evaluations and these particular differences warrant different approaches to the prevention of future re-offending, compared to nonsex offenders.     

加强城郊结合部犯罪控制的几点思考

城郊结合部外来人口多,人员流动频繁,是大城市案件多发、大案频发的地带.控制城郊结合部犯罪必须控制好几类严重刑事犯罪活动,如突发性、动态性犯罪,连续性犯罪,团伙犯罪及流窜犯罪等.     

中德环境污染犯罪立法比较研究

环境污染犯罪是当今世界各国普遍关注的一种环境犯罪类型,德国在这方面的立法较为先进。通过比较中德环境污染犯罪的立法,可以为我国的立法完善带来启示。为了有效预防、惩治环境污染犯罪,我国有必要借鉴德国立法经验,在环境污染犯罪法律规定模式、保护法益、主客观成罪条件、证明方法及处罚等方面进行改革和完善。     

论行政法上的连带责任

《最高人民法院关于审理行政许可案件若干问题的规定》第13条在行政法上确立了一个新的连带责任类型,即行政主体和私人共同承担连带责任。行政法上的连带责任应从行政主体之间的连带责任拓宽到行政相对人之间的连带责任以及行政民事连带责任,应从行政许可与行政赔偿领域拓宽到行政处罚等其它领域。行政法上连带责任的实现有赖于建立或重构行政诉讼和行政赔偿诉讼第三人制度,建立行政案件与民事案件的合并审理机制。行政主体在承担责任后要向作为连带责任人的第三人追偿,则有赖于建立"官告民"的行政诉讼机制,否则只能通过民事诉讼机制去追偿。     

A Review of: “Rebecca Knuth. Burning Books and Leveling Libraries. Extremist Violence and Cultural Destruction.”

In the 1970s, Western European countries were hit hard by terrorism, especially by international terrorism that crossed borders easily and allowed terrorists of different origins to carry out attacks against both governments and people. Consequently, the necessity of fighting this menace also extended to international organisations. This article looks at how the Council of Europe dealt with the issue, and assesses the negotiations that led to the Convention on the Suppression of Terrorism from the German perspective. West Germany was very interested in establishing a sounder international legal framework against terrorism and thought that the Council of Europe would be able to make an important contribution by abolishing the political offence exception that had so far been a core feature of most extradition treaties. This clause allowed political criminals to escape punishment by fleeing to a country that would deny extradition to a different country on the grounds of the political nature of the act committed by the person in question. The article gives an account and analysis of the complex negotiations that finally resulted in the adoption of the Convention in 1977, as well as of the problems encountered and compromises reached during these negotiations.