我国刑法中的罪过形式理论再分析－－以生产、销售不符合卫生标准的化妆品罪为视角

以故意的内部构造为视角,分析依不同的罪过形式理论而出现或可能出现的不同观点,在对各种不同的观点进行质疑的同时,追问相应观点理论前提———行为标准说与结果标准说、处罚条件说与构成结果说,可得出生产、销售不符合卫生标准的化妆品罪的罪过形式是过失的观点。     

论和谐社会构建下的社会工作专业发展模式——以重庆市为例

社会工作作为服务社会、发展社会的专业和职业，只有当其成为社会制度重要组成部分的时候，才能在制度层次上保障弱势群体的权益，保障社会的和谐与安全。重庆在城乡统筹发展进程中，要建设和谐社会，社会工作服务必须与政府职能转变、服务提供模式转变，社会政策深入发展等紧密结合，才能真正形成切合本土的专业社会工作发展模式。     

Influence of Running on Pistol Shot Hit Patterns

In shooting scene reconstructions, risk assessment of the situation can be important for the legal system. Shooting accuracy and precision, and thus risk assessment, might be correlated with the shooter's physical movement and experience. The hit patterns of inexperienced and experienced shooters, while shooting stationary (10 shots) and in running motion (10 shots) with a semi‐automatic pistol, were compared visually (with confidence ellipses) and statistically. The results show a significant difference in precision (circumference of the hit patterns) between stationary shots and shots fired in motion for both inexperienced and experienced shooters. The decrease in precision for all shooters was significantly larger in the y‐direction than in the x‐direction. The precision of the experienced shooters is overall better than that of the inexperienced shooters. No significant change in accuracy (shift in the hit pattern center) between stationary shots and shots fired in motion can be seen for all shooters.     

CRIME DIVERSITY*

Large geographic areas should host a greater diversity of crime compared with small geographic areas. This proposition is reasonable given that larger geographic areas should not only support more crime but also contain a greater diversity of criminogenic settings. This article uses a neutral model to characterize crime richness as a function of area. The model starts with two neutral assumptions: 1) that all environments are statistically equivalent and exert no influence on what types of crimes occur there; and 2) that different crime types occur independently of one another. The model produces rigorous predictions for the mean and variance in crime richness with increasing area. Tests of the model against a sample of 172,055 crimes occurring in Los Angeles during the year 2013 are qualitatively consistent with neutral expectations. The model is made quantitatively consistent by constant scaling. Resampling experiments show that at most 20 percent of the mean crime richness is attributable to nonrandom clustering and assortment of crime types. A modified neutral model allowing for variation crime concentration is consistent with observed variance in crime richness. The results suggest that very general and largely neutral laws may be driving crime diversity in space.     

Evaluation of GLOCK 9 mm Firing Pin Aperture Shear Mark Individuality Based On 1,632 Different Pistols by Traditional Pattern Matching and IBIS Pattern Recognition

Over a period of 21 years, a number of fired GLOCK cartridge cases have been evaluated. A total of 1632 GLOCK firearms were used to generate a sample of the same size. Our research hypothesis was that no cartridge cases fired from different 9‐mm semiautomatic GLOCK pistols would be mistaken as coming from the same gun. Using optical comparison microscopy, two separate experiments were carried out to test this hypothesis. A subsample of 617 test‐fired cases were subjected to algorithmic comparison by the Integrated Ballistics Identification System (IBIS). The second experiment subjected the full set of 1632 cases to manual comparisons using traditional pattern matching. None of the cartridge cases were “matched” by either of these two experiments. Using these empirical findings, an established Bayesian probability model was used to estimate the chance that a 9‐mm cartridge case, fired from a GLOCK, could be mistaken as coming from the same firearm when in fact it did not (i.e., the random match probability).     

Jumping Together: A Fatal Suicide Pact

In suicide pact, two or more victims mutually agree and execute to end their lives together by predetermined method, preferably by hanging, drowning, gunshot, or poisoning. The victims are usually spouses, lovers, or friends, and the reasons behind such steps are various. In this reported suicide pact, husband–wife duo jumped from the terrace of a 12‐meter‐high building with their wrist bound to each other. Although they jumped together, the injury patterns were completely different. The man landed on head sustaining mainly craniocerebral injuries, and the wife landed on feet sustaining long bone injuries. They left a suicide note pointing out sudden demise of their only child as the reason for the suicide, and it was signed by both of them. Jumping from a height in suicide pact has not been reported in the scientific literature yet.     

犯罪既遂若干问题研究

何为犯罪既遂,我国刑法没有直接予以规定,因此围绕什么是犯罪既遂及其标准问题就产生了多种理论主张。本人以为要廓清以上问题,需解决几个前提,即犯罪既遂与犯罪构成之间的关系,分则规定是否以既遂为模式,犯罪既遂存在于哪些罪过中。     

基于数据挖掘的刑事犯罪侦查系统研究

将数据挖掘技术、数据仓库技术与刑事案件侦查结合起来,对刑事案件中的作案规律、成案因素、高危人群、串并案进行分析和研究,并用实验和相关案例加以印证和解释,可以实现面向主题的基于数据挖掘的刑事犯罪侦查系统建设。     

激励、效能、谦抑：二元化犯罪模式的法理审视

犯罪模式的选择过程及其难点，首先就是如何妥善处理好犯罪化与非犯罪化两者之间的关系，寻找它们之间的最佳平衡点。二元化犯罪模式在中国并非一个简单的刑法问题，而是具有独特价值的法理问题。对此“问题”认知过程中产生的法理分析既影响到有关犯罪标准的制定，又反过来形成了犯罪标准的理想模型。因此应从激励、效能、谦抑等方面全方位审视这一犯罪模式，实现该犯罪模式从危机到契机的转化，并警惕该犯罪模式带来的羊群效应。     

浅论罪犯心理矫治的工作目标和模式

罪犯心理矫治是指系统地运用心理学的理论和方法技术，矫正罪犯的不良心理结构或心理障碍，改造犯罪心理结构，完善其人格的一种活动。明确罪犯心理矫治工作的目标和基本模式有利于科学有效的开展罪犯矫治工作，以罪犯服刑时期为视角，把握罪犯入监阵痛、改造适应和出监磨合三个时期的心理矫治工作重点以及工作模式尤为必要。