Health‐Care Data Protection and Biometric Authentication Policies: Comparative Culture and Technology Acceptance in China and in the United States

A proliferation of health information technology (HIT) policies to implement dimensions of e‐health, including electronic medical records, electronic health records, personal health records, and e‐prescribing—along with expanding initiatives on mobile health in developed countries and emerging technologies—has sparked academic inquiry into the protection of privacy and data and the technology to protect privacy and data. This article examines HIT policies in the United States and in China and the use of authentication technologies to assess biometrics as privacy's friend or foe in different political frameworks with varying conceptions of privacy. An analysis of privacy in the context of health data protection, challenging relations of trust between patients and providers, the increasing perspective of health data integrity as a cyber‐security issue, and the growing rate of medical fraud and medical identity theft may yield findings of a convergence of views of privacy and biometrics unexpected of contrasting political cultures.     

密取封缄物行为的定性研究——以李俊东案和李江案为线索的分析

封缄物是加以特殊包装或装入容器,被上锁或者封固的,具有防盗作用的财物整体。"占有"是区分侵占罪与盗窃罪的形式标准,《刑法》应有限承认观念占有,从而确认委托人对受托人控制下的封缄物之内容物的占有。"管理"是区分侵占罪与盗窃罪的实质标准,侵害有管理权限的财物成立侵占罪,反之则成立盗窃罪。管理权限的有无以是否承担占有财物毁损风险的标准进行判断。     

“于一家频盗及一时而盗数家”的古代立法及其现代启示

唐律在“窃盗”条的疏文中规定“其有于一家频盗及一时而盗数家者，并累而倍论”，古代自此始有“于一家频盗”和“一时而盗数家”这种犯罪形态和计赃规则的专门立法，元律和明清律对此予以变更，并在计赃上“以一主为重”。相比之下，唐律“累而倍论”的计赃规则公平合理。这种形态无论是古代还是现代，都是客观存在的社会现实，古代窃盗立法的“于一家频盗”和“一时而盗数家”形态的提出以及立法处置，对我们研究现代相关犯罪同样情形的形态认定和法律适用具有启发意义。     

TESTING SOCIAL LEARNING THEORY USING REINFORCEMENT'S RESIDUE: A MULTILEVEL ANALYSIS OF SELF‐REPORTED THEFT AND MARIJUANA USE IN THE NATIONAL YOUTH SURVEY*

Critics have expressed concerns regarding measurement strategies or analytic techniques often used in social learning research (Horan and Phillips, 2003; Krohn, 1999; Sampson, 1999; Tittle, 2004). In response to these concerns, this study tests the hypothesized causal relationships among reinforcement, general definitions, and self‐reported crime (theft and marijuana use) using a multilevel modeling approach with longitudinal data from the first five waves of the National Youth Survey (NYS), as well as with indirect parent and friend reinforcement measures that incorporate both the assumed products of reinforcement (expected consequences of behavior) and the efficacy of reinforcement (expected influence of the reinforcement source). Within‐subject analyses present a challenge to the theory as social learning variables do not covary significantly over time with criminal offending rates. Between‐subject analyses offer support for the theory as across‐person differences in average parent and friend reinforcement are significantly related to offending rates, and these reinforcement–crime relationships are mediated partially or fully by learned definitions. Implications of these findings are discussed.     

盗窃罪与侵占罪行为界限的理论纠偏

盗窃罪与侵占罪是一组排他关系的财产犯罪,二罪在行为方式上有区分界限。盗窃罪的行为方式不以秘密性为必要,不允许有暴力,平和地破坏原占有关系是盗窃罪行为的本质特征;非法占为己有是侵占行为,拒不退还、拒不交出是非法占为己有的进一步明确,并不是侵占罪的构成要件要素,易占有为所有是侵占罪行为的本质特征。因而,盗窃罪与侵占罪的行为方式上的界限并不在于行为的秘密性,也不在于是否可以以作为的方式实行,而是侵害占有方式的不同:前者是平和地破坏原占有关系,后者是易占有为所有。     

Establishing Connections: Gender,Motor Vehicle Theft,and Disposal Networks

Motor vehicle theft is an offense typically dominated by male offenders. As with all other major forms of criminal activity that are male dominated, women do participate in the theft of vehicles; yet, few studies have endeavored to examine their involvement in auto theft and even fewer have directly compared women's experiences alongside that of men's. This paper examines the gendered nature of motor vehicle theft through direct comparison of in‐depth interviews with 35 men and women actively involved in auto theft in St. Louis, Missouri. By tracing similarities and differences between men's and women's initiation into auto theft, enactment methods, and access to networks for vehicle and parts' disposal, we provide a contextual analysis of offender's perceptions and behavior. The findings indicate that while initiation into auto theft and property disposal networks are both governed by male gatekeepers, women experience greater barriers in gaining access to disposal networks than they do entry into auto theft offending which, in turn, leads to some key similarities in techniques between men and women.     

盗窃网络虚拟财产行为之定性探讨

盗窃网络虚拟财产的行为目前不宜定性为盗窃罪,网络虚拟财产不属于财物,其价值和经济价值的确定缺乏科学依据,也不能通过扩张解释将其解释为财物。此行为也不构成破坏计算机信息系统罪。运用刑罚对虚拟财产进行保护应持慎重态度。     

Identifying gaps in the research literature on illicit markets on-line

As access to technology and the Internet expanded dramatically over the last three decades, so too have opportunities for criminality. Researchers have begun to consider how the Internet enables the formation of illicit markets operating via various communications media in order to sell personal information, hacking tools, and other resources. Many of these studies provide basic information on the operations of on-line illicit markets. There is, however, a need for further research in order to improve the state of the literature and identify key questions to expand our knowledge of the practices of market actors and the social dynamics that facilitate their activities. This article introduces these concepts and outlines the state of the literature generally.     

What Is the Hidden Figure of Delinquency in Girls? Scaling Up From Police Charges to Self-Reports

Research on males shows discrepancies between official records and self-reports of delinquency, thus creating a scaling-up factor. Comparable information for girls is still needed. We investigated discrepancies (scaling up factors) from official records to self-reports in a large sample of girls between ages 12 and 17 (N = 2,450). On average there were three self-reported juvenile female offenders for every individual charged by the police, and for every police charge there were four offenses that were committed. The scaling-up factor was highest in early adolescence, indicating that female offenders at a young age were more likely to stay undetected by the police. The scaling-up factor was significantly lower for African American than white girls: a higher proportion of African American delinquent girls were charged by the police. Racial differences in scaling up were significant only for prevalence, not for frequency of offending. Knowledge about scaling-up factors is important for the design and implementation of intervention programs. We discuss racial differences, implications for justice administration, and practical implications for intervention science.     

"相对剥夺"理论视角下的农村盗窃问题研究

当前新农村建设如火如荼,可愈演愈烈的农村盗窃问题却严重影响着新农村建设的全面协调发展。本文试运用“相对剥夺”理论对农村盗窃问题予以探讨,以揭示农村盗窃问题产生的深层根源,并据此提出解决农村盗窃问题的措施,从而有效遏制及防止农村盗窃问题的发生,最终保障社会主义新农村建设的顺利进行。