不纯正不作为犯作为义务来源研究

作为义务是不作为领域中的核心要素,反映了不作为犯罪的基本犯罪事实和构成要素,是决定不作为犯罪能否成立,以及属于何种性质犯罪的主要依据.作为义务的来源或称作为义务的根据,是指作为义务的产生条件,也即行为人在什么情况下具有防止结果或犯罪事实发生的义务.在刑法理论上,不作为犯分为纯正不作为犯和不纯正不作为犯.

“五大宫调”若干问题思考

本文主要就中国传统音乐"宫调"问题所涉及的乐调和韵调性质的区分,"五大宫调"在曲学层面上与"韵调"概念的关联,以及俗曲雅化的特征等方面作了必要阐述,同时也对昆曲"水磨调"影响的广泛意义提出了自己的观点。

绑架罪构成要件解释新论

扣押人质并向第三人提出不法要求,是绑架犯罪在日常生活中的典型图像。当前对绑架罪通说的解释即是以此经验图像出发,认为绑架罪作为复行为犯,以存在三面关系为必要,并且控制人质之后另行起意勒索财物的情形也构成本罪。对绑架罪构成要件的解释不能以日常经验图像遮蔽其规范逻辑,也不能以处罚合理性为由脱逸合法性的限制。依绑架罪构成要件的规范逻辑,绑架罪只能是单行为犯,也可能存在两面关系的绑架罪,准绑架罪的成立必须以立法上的拟制性规定为前提。

Against Holocaust Denial： Between Criminality and Immorality

Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.

Community Crime Prevention Initiatives, Collective Efficacy, and Criminal Investigations

While criminal investigations are usually conducted after the crime has been committed, these investigations can benefit from community crime prevention initiatives. The use of citizen volunteers, citizen awareness campaigns, community-driven research, and programs that facilitate effective police-community relations can aid the investigator in collecting testimony that might otherwise go unreported. Specific examples of how cases have been cleared due to the beneficial inclusion of citizen satisfaction research, crime prevention resources, and volunteer personnel demonstrate how community, crime prevention, and investigation of criminal behavior can be interlinked. The theme of this paper rests on the notion that the community＇s sense of collective efficacy, crime prevention efforts, and criminal investigation processes are not mutually exclusive, but instead should be considered as related aspects of the crime-fighting spectrum.

Bank Criminal Act： Case of Fraud Using Letter of Credit-Bank as a Victim

Letter of Credit （L/C） is a payment method offered by bank for settling the foreign trade. The existence of L/C is a means capable of providing guarantee for the interests of the sellers and buyers. In the event of default by either party, either the seller or the buyer, the bank as the L/C issuer will provide payment guarantee for the seller or the waiver of payment for the buyer. The bank’s risk in issuing the L/C is regarding with the weakness of L/C. In Article 5 of UCP 600, it is emphasized that in transactions using L/C, banks deal only with documents, not dealing with goods, or other implementation. In Article 14a of UCP 600 it is affirmed that the L/C payments are based on the suitability between the L/C requirements and the submitted documents viewed under “on their face”. The bank authority as the guarantor which only deals with the documents in making payments causing the L/C instrument is often used in fraud against the bank. Many banking fraud cases that occur in Indonesia take advantage of L/C weakness. This paper will discuss the occurrence of criminal acts in the banking by exploiting weaknesses in the L/C that makes the bank as a victim. In addition, this paper aims to explain the effort to overcome the criminal acts that occurred at the issuing bank as a victim by using L/C. The discussion in this paper emphasized the application of laws and regulations applicable to indict the perpetrators of criminal acts in the banking sector by exploiting weaknesses of L/C. Aspects of the discussion of a criminal offense are based on the Act No. 10 of 1998 concerning banking, and under the provisions of the Criminal Code.

Research on the Commutation Revocation

In order to resist some prisoner who have received rewards of commutation to implement some illegal or criminal behavior in the course of imprisonment, the system of commutation revocation must be established, which can advantage imprisonment and reduce the costs of imprisonment. The system of commutation revocation can obey to the criminal policy of temper justice with mercy and the principle of ＂collecting mistakes whenever discovered＂ and obtain the penalty goal of special prevention. In order to protect some prisoner＇ s benefit, the prisoner who be revoked the rewards of commutation can take part in the course of juice, the postbox which be opened only by the NPC and committee must be installed in prison. This will be advantage of some prisoner who be revoked the rewards of commutation appealing to the NPC and committee. Because of weakness of necessarily and execution, the system of commutation revocation cannot be established when the prisoner have been released currently.

Cairo＇s Slums： A Ticking Time Bomb

Despite being one of the symbols of civilization throughout human history, Greater Cairo has many slum areas, hosting a population of three million people living in deteriorating conditions and lacking the basic human necessities. These slums represent a fertile environment for diseases caused by pollution in all its forms and are subject to crimes, rape and theft. There is a huge difference in the state of conditions when comparing the formally planned areas to the informally planned ones. People living in the formally planned settlements, like Nasr City, and in informal ones, like Ezbet El-Haggana, are similar to the kings and queens and slaves of legends. This paper tries to find solutions to the problem of slums and random areas.

Hate Crimes Methodological, Theoretical ＆ Empirical Difficulties A Pragmatic ＆ Legal Overview

Hate crimes are a culture phenomenon which is perceived by most as an occurrence that should be uprooted from the society. Yet, to date, we have been unable to do so. Hate crimes are the subject of research and comments by experts in various fields. In this regard, most scholars agree that a hate based crime is distinguished from a ＂regular＂ criminal offence by the motive--the attack is aimed at a victim who is part of a differentiated minority group. However, when reading the relevant documents in the area, it seems that the differences between the experts start at the most basic point--what constitutes hate crimes？ This article analyses the concept of ＂hate crimes＂ via an interdisciplinary approach aimed at flashing out the fundamental gaps in the research. We have found that the problems include, inter alia, discrepancies in the definition of hate crimes, methodological difficulties regarding validity and legitimacy （mainly due to the absence of information based on the attacker＇s point of view） and the lack of agreement on the appropriate legal methods required to deal with the ramifications of hate crimes. While part I of this paper revolves around the theoretical aspects of the questions put forth at the centre of this article, part II looks at the same questions from a legal viewpoint. The correlation between the two chapters shows the impact the methodological difficulties have on enforcement endeavors. This relation is further advanced through the examination of test cases from different countries, among them--lsrael. Finally, the article concludes by suggesting a few thoughts on the way to overcome the theoretical problems and making the enforcement efforts more efficient.

Crime and Race： A Cross-Disciplinary Analysis of Hispanic Males and Criminality

The focus of this study is the critical analysis of data related to Hispanic males and criminality, Factors, such as marital status, income level, age, and police contact, are measureable entities that are at the core of the statistical ,analysis, A cross-disciplinary approach provides a cultural context for the statistical world of numbers, The socially conflicting terms of masculinity and maleness will lead to a discussion of macho behavior and criminaliW, Macho behavior, often interpreted as aggressive, may arouse police suspicion, In this case, the police will stop Hispanic males because of their behavior, not necessarily because they committed a crime, This study will show that the cycle of poverty prevents Hispanic males of low-income families from contacting with the police, whereas uneducated Hispanic males must confirm their masculinity in a criminal behavior, CriminaliW, often associated with violence as machismo, is the social over compensation for a male inferiority complex that finds its origin in the Spanish conquest of South America,

Preservation of the Crime Scene

Crime scene is any given place where it committed a criminal offense, in which the investigation should be done to find the causes and mechanisms of occurrence and on these to be investigated, for tracking and apprehension of perpetrators. Preservation of the scene is a very important action regarding the investigation and prosecution of the event that has happened, where law enforcement agencies or units that conduct surveillance of the scene make it. To preserve a scene means： to preserve the land in that state who has left the presidency. Preservation of the scene of that condition that has left the perpetrator is of particular importance to the inspection teams for tracks and material evidence found there are untouched and proceeding or their expertise will help prosecute perpetrators respectively capture of that work. Tracks and material evidence found in the scene should be retained together with all the space where the event happened because a possible carelessness during the examination as well as during the process of storage and security will bring us to a situation in which we will have our doubts concerning the tracks and material evidence found in that place. Also, preservation of the crime scene needs to be done because of the all action who have to take the searching unit, they need to be sure and security from everything that comes from outside.

论绑架罪实行行为之单复及其相关问题

绑架罪应当规定为复行为犯,而不是短缩的二行为犯。"勒索财物型"绑架罪本质上是一种特殊的敲诈勒索罪,而"其他目的型"绑架罪本质上是一种特殊的强要罪。绑架罪的行为人只有同时实施了绑架人质的行为和勒索财物或提出其他要求的行为才能达到既遂。但不要求犯罪目的实现。将绑架罪规定为复行为犯,有利于解决利用事前状态型绑架罪的问题。勒索财物或提出其他要求之前释放人质的,构成中止犯,应当减轻处罚;之后释放人质的,应当设置特别减轻处罚条款,规定可以减轻处罚。行为人中途参与他人的绑架行为,向第三人勒索财物或提出其他要求的,应当构成承继的共同正犯,而不是承继的帮助犯。

Legislation on the New Types of Cybercrime and Its Application

The new types of cybercrime have different features from traditional“cumulative crimes.”The application of the relevant provisions of the Criminal Law has run into difficulties,and the relevant theoretical explanations of substantive preparatory crime and being an accomplice in crime find it hard to achieve self-consistency.Legislation on the new types of cybercrime is a legitimate response to recent changes in this area.Utilizing the particular techniques of cybercrime and the circumstantial requirement of limiting the amount of criminal harm is the key to satisfying the conditions for offences warranting criminal punishment.The harmfulness of the new types of cybercrime is not great;the law’s circumstantial requirements are flexible,and the criteria for judicial application are unclear,so the law’s provisions are seldom invoked and the sphere of criminal activity is unduly expanded.In order to give full play to the effectiveness of this legislation,we should formulate reasonable judicial rules that accord with the constitution of cybercrimes,narrow down the constituent elements of such crimes in a reasonable way,and categorize and limit the interpretation of circumstantial requirements.

Is the higher rate of parental child homicide in stepfamilies an effect of non-genetic relatedness？

In an evolutionary perspective individuals are expected to vary the degree of parental love and care in relation to the fitness value that a child represents. Hence, stepparents are expected to show less solicitude than genetically related parents, and this lack of genetic relatedness has been used to explain the higher frequencies of child abuse and homicide found in stepfamilies. However, other factors than non-genetic relatedness may cause this over-representation in stepfamilies. Here we use a 45-year data set of parental chiltl homicides in Sweden to test two hypotheses related to the higher incidence in stepfamilies： 1） adults in different types of family differ in their general disposition to use violence, and 2） parents are more likely to kill stepchildren than genetically related children. Of the 152 perpetrators in biparental families there was an overrepresentation of perpetrators in step- families （n=27） compared with the general population. We found support for the first hypothesis in that both general and violent crime rates were higher in stepfamilies, both in the general population and among perpetrators of child homicide. However, we found no support for the second hypothesis because of the 27 perpetrators in stepfamilies the perpetrator killed a genetically related child in 13 cases, a stepchild in 13 cases and both types of children in one case. Moreover, out of the 12 families where the perpetrator lived with both stepchildren and genetic children, there was no bias towards killing stepchildren. Thus, we found no evidence for an effect of non-genetic relatedness per se [Current Zoology 57 （3）： 253-259, 2011].

The Differential Mode of Criminalization in Traditional China

Drawing upon a concept developed by Fei Xiaotong, this article offers a preliminary theory for conceptualizing the regulation of criminal acts in imperial China. Centred upon the concept of a ＂differential mode of criminalization,＂ this article argues that the Confucianization of law in traditional China emphasized without ambiguity the implications of the closeness/remoteness in human rela- tionships-the measure of distance conditioned upon the two main loci in everyday life, namely blood and non-blood relationships. This differential mode of criminalization fits into the Confucian imagery of a harmonious society.

Problems with the theory of anti-value acts： including a discussion with professor Zhou Guangquan

The debate between the theory of anti-value acts （Handlungsunwert） and the theory of anti-value consequences （Erfolgsunwert） is of great significance. The main defects of the former are that it focuses on crime as a violation of norms, which runs counter to criminal law＇s aim of protecting legal interests; it highlights criminal law＇s function in regulating behavior, thus deviating from the essential principle of a legally prescribed punishment for a specified crime; and it gives wide acceptance to subjective elements of illegality, leading to a holistic determination of crime, thus confusing illegality with responsibility. It also blurs the distinction between attempted and unrealized offenses, and is not conducive to the application of the theory of the subordination of accomplices. Its focus on subjective legitimized elements not only fails to restrict the application of punishments, but actually expands their scope, and its adoption of rule utilitarianism leads to undue interference in citizens＇ conduct. The theory of anti-value consequences prevents undue interference and adopts the principle of liberalism, while at the same time taking as the target of its prohibitions those situations that contravene the aims of criminal law. This not only overcomes the shortcomings of the theory of anti-value conduct but also achieves general and special prevention while realizing retributive justice.

Imitation and Transgression： Ge Fei＇s Creative Use of Jorge Luis Borges＇s Narrative Labyrinth

This paper attempts to trace the influence of Jorge Luis Borges on Ge Fei. It shows that Ge Fei＇s stories share Borges＇s narrative form though they do not have the same philosophical premises as Borges＇s to support them. What underlies Borges＇s narrative complexity is his notion of the inaccessibility of reality or divinity and his understanding of the human intellectual history as epistemological metaphors. While Borges＇s creation of narrative gap coincides with his intention of demonstrating the impossibility of the pursuit of knowledge and order, Ge Fei borrows this narrative technique from Borges to facilitate the inclusion of multiple motives and subject matters in one single story, which denotes various possible directions in which history, as well as story, may go. Borges prefers the Jungian concept of archetypal human actions and deeds, whereas Ge Fei tends to use the Freudian psychoanalysis to explore the laws governing human behaviors. But there is a perceivable connection between Ge Fei＇s rejection of linear history and traditional storyline with Borges＇ explication of epistemological uncertainty, hence the former＇s tremendous debt to the latter. Both writers have found the conventional narrative mode, which emphasizes the telling of a coherent story having a beginning, a middle, and an end, inadequate to convey their respective ideational intents.