论单方面石油活动在海洋划界中的意义

争端当事国的单方面石油活动要想成为海洋划界的考虑因素,必须通过其单方面石油活动证明存在临时协议、默认、明示或默示协议.由于临时协议仅具有历史意义,而明示协议在实践中又不可能出现,那么只能寄希望于默认和默示协议.主张默认或默示协议的当事国,负有很高的举证责任,而成功的先例更是寥寥无几.其他声索国在南沙群岛附近海域非法实施的单方面石油活动,一直为中国政府所反对,自然不能作为日后海洋划界的考虑因素.     

保险诈骗犯罪手法分析及防范策略研究

近年来,保险诈骗案件呈多发态势,扰乱了正常的保险经营秩序,阻碍了中国保险业的健康发展。研究保险诈骗犯罪及防范策略,对加强预防保险欺诈行为、维护正常的保险秩序有着重要意义。防范保险诈骗可采取以下措施:(一)保险公司自身应强化管理,提高诈骗风险控制能力;(二)保险行业内部应相互配合,搭建业内信息共享平台;(三)金融检察部门要惩防并举,加强对保险行业的保护;(四)执法部门之间需加强协作,构建线索移送通报制度;(五)公众法制宣传要点面结合,加强骗保犯罪预防效果。     

Toleration and modus vivendi

ABSTRACT

This paper seeks to explore some connections between the ideas of toleration and modus vivendi, principally through a critical engagement with the work of John Gray. In particular, it argues that while Gray is right to see a connection between modus vivendi and a particular conception of toleration (here referred to as the ‘traditional conception’) it is both problematic and potentially confusing to tie either of these ideas, as he does, to a theory of value-pluralism. Instead, they should be viewed as distinct but partially overlapping and often mutually supportive ideas, the relevance of which are best explained in terms of the need or desire of people to live together under conditions of conflict about the worth of different ways of life, and motivated by a variety of pragmatic and principled concerns. The paper also offers a modest defence of the traditional conception of toleration against some of its critics, arguing that such a practice of toleration, if supported by a modus vivendi, can provide a peaceable means of accommodating differences in a way that is broadly accepted, although neither ideal nor necessarily uncontested, by both tolerators and the tolerated.     

从心理迹证观点建构系统化现场勘察模式

本文从犯罪现场为基础,并以环境犯罪学观点,自国外实证研究结果就个人层级(理性选择理论)、社会互动层级(犯罪型态理论)、社会层级(日常活动理论)三种不同层次探讨性侵害加害者的决策模式(decision-making model)、犯罪空间型态(spatial patterns)、作案手法(modus operandi)与...     

Peace beyond compromise

Our societies are marked not only by disagreements on the good life, but also by disagreements on justice. This motivates philosophers as divergent as John Gray and Chandran Kukathas to focus their normative political theories on peace instead of justice. In this article, I discuss how peace should be conceived if peace is to be a more realistic goal than justice, not presupposing a moral consensus. I distinguish two conceptions of peace to be found in the literature. One, ordinary peace, conceives of peace as non-violent coexistence based on modus vivendi arrangements. Modus vivendi arrangements, in turn, are explained as a special kind of compromise. Ordinary peace does not presuppose a moral consensus and is therefore realistic, but at the same time it is too minimalist and undemanding to be satisfying. The other conception of peace, ambitious peace, can be found in Kukathas’s work. It is a conception of peace ‘beyond compromise’, not minimalist and undemanding, but, I will argue, not realistic because presupposing at least a second-order moral consensus. In the end, I advocate a division of labour between both conceptions of peace under the umbrella of an overarching ideal of peace.     

The Unusual Victim: Understanding the Specific Crime Processes and Motivations for Elderly Sexual Homicide

Sexual homicides involving elderly victims are rare and unusual crimes, and research specifically focusing on these homicides is almost inexistent. The current study investigates the crime commission process as well as the motivations underlying elderly sexual homicides. The sample comes from the Sexual Homicide International Database (SHIelD) including sexual homicide cases from Canada and France. A total of 56 cases involving victims aged 65 years or more were compared with 513 cases involving victims aged between 16 and 45 years old. Bivariate analyses and two-step cluster analysis are performed. Findings show major differences in the crime commission process of the two groups of offenders. We also identified a four-cluster typology of elderly sexual homicide offenders based on their motivations (sexual, robber, sadistic, experimental). Although sexual homicides involving elderly victims are rare, these crimes are different, presenting specificities and should be studied as a group on its own.     

Sexual Violence Against Marginalized Victims: Choice of Victim or Victim of Choice?

Research shows that sex trade workers and homeless populations are at a high risk of severe violence and homicide. Based on a sample of 229 violent sex offenders, we investigate the differences between sexual crimes committed against marginalized (n = 73) and nonmarginalized victims (n = 156). Findings from logistic regression analyses show that offenders who target marginalized victims are more likely to degrade their victim and use a variety of torture methods. However, offenders who target nonmarginalized victims are more likely to use a weapon, and kill the victim by strangulation. Implications for future research are discussed.     

Powerful perpetrators,hidden in plain sight: an international analysis of organisational child sexual abuse cases

ABSTRACT

There is virtually no literature on child sexual abuse committed by “powerful perpetrators”, who, use position, reputation, wealth and/or power, to become influential members of their organisation. Seventeen cases relating to youth serving organisations were identified using a comprehensive search of databases covering case reviews from England, Australia and the US. A Quantitative Content Analysis was used to analyse the sample with a focus on identifying offenders’ “modus operandi”. Findings revealed a number of critical differences between powerful perpetrators and other child sexual offenders described in the literature. Findings are discussed in relation to their implications for creating safer youth serving organisations. In particular, focusing on educating YSOs to recognise and address risks posed by powerful perpetrators; expanding organisational safety policies and practices and taking steps to develop a strong, positive organisational safety culture are commended as key approaches.     

Murderer vs investigator: factors influencing the resolution of sexual homicide cases

ABSTRACT

The objective of this study was to identify the factors associated with the duration of criminal investigations and determine whether these factors influence the seriality of sexual murderers. To this end, data on the investigation of 62 sexual homicides (homicides committed by a serial sexual murderer = 24; homicides committed by a nonserial sexual murderer = 38), were analyzed. Organized behaviors, typical of serial sexual murderers, were not all associated with a longer criminal investigation. However, it was possible to develop a model of the duration of investigations, and predict the seriality of sexual murderers, by taking into account the decisions of murderers and investigators.