The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduc...The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.展开更多
In an age when criminal psychology was still new, Edgar Allan Poe revolutionized the world with his tales of insightful penetration into the criminal mind. ＂The Tell-Tale Heart＂ （2007） is one such tale. Behind the...In an age when criminal psychology was still new, Edgar Allan Poe revolutionized the world with his tales of insightful penetration into the criminal mind. ＂The Tell-Tale Heart＂ （2007） is one such tale. Behind the mask of the narrator lies the dangerous, diabolical, and premeditated crime of the sadist. Most critics neglected to highlight the sadistic complex which manifests itself with outstanding clarity in the character Poe presents. Instead, they chose to focus on other aspects of his character, namely, his disturbed mental state. Yet, to dismiss a perversion such as sadism is to lose sight of Poe＇s legitimate merits as a criminal psychologist. This study highlights this point Through an interdisciplinary approach between criminology and literature, the study examines Poe＇s work from the criminological tradition represented by such figures as Richard von Krafft-Ebing, Paul De River, Carol Anne Davis, Karl Berg, Peter Vronsky, Julie Harrower, Curt R. Bartol, and others. The study is based upon criminological insights derived from and supported by actual case histories, and thus, is extremely important in bridging the gap between literature and criminology展开更多
In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the pr...In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.展开更多
The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of ...The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.展开更多
This article presents attempts to make a comprehensive study of＂special knowledge＂ and to determine its role in the criminal process and criminology nowadays. The concept of special knowledge and its borders, especi...This article presents attempts to make a comprehensive study of＂special knowledge＂ and to determine its role in the criminal process and criminology nowadays. The concept of special knowledge and its borders, especially the use of its various forms are analyzed. The author considers some controversial provisions in the demarcation of expertise special knowledge from other knowledge （including legal）, and establishes their relationship. The provision for the need to establish certain ＂unification＂ in the use of specialized knowledge, as well as in the appointment and conducting forensic examinations, inviting experts, obtaining advice is made. This also applies to the aspirations of uniform methods, expertise techniques and technology in the application of special knowledge. The use of examination in criminal justice in Ukraine is analyzed and some of the changes associated with the adoption of the new Criminal Procedure Code are considered. The changes in procedures are associated with the desire to transform the traditional regulations and to move to the adversarial criminal process. The necessity of equal procedural opportunities in the use of special knowledge by the prosecution and the defense is argued.展开更多
The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in th...The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in the elements constituting a crime, in the social harm done and in the form of the crime. Expansion of judicial interpretation is the primary choice for handling cybercrime. However, its limitations are also obvious. In the face of cyber variants of traditional crimes, we argue that raising the status of some acts of preparation to that of independent acts of execution and making some joint offenders into principal offenders offers two important solutions that can no longer be avoided by China＇s criminal law legislation.展开更多
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 th...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].展开更多
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...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.展开更多
文摘The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.
文摘In an age when criminal psychology was still new, Edgar Allan Poe revolutionized the world with his tales of insightful penetration into the criminal mind. ＂The Tell-Tale Heart＂ （2007） is one such tale. Behind the mask of the narrator lies the dangerous, diabolical, and premeditated crime of the sadist. Most critics neglected to highlight the sadistic complex which manifests itself with outstanding clarity in the character Poe presents. Instead, they chose to focus on other aspects of his character, namely, his disturbed mental state. Yet, to dismiss a perversion such as sadism is to lose sight of Poe＇s legitimate merits as a criminal psychologist. This study highlights this point Through an interdisciplinary approach between criminology and literature, the study examines Poe＇s work from the criminological tradition represented by such figures as Richard von Krafft-Ebing, Paul De River, Carol Anne Davis, Karl Berg, Peter Vronsky, Julie Harrower, Curt R. Bartol, and others. The study is based upon criminological insights derived from and supported by actual case histories, and thus, is extremely important in bridging the gap between literature and criminology
文摘In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.
文摘The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.
文摘This article presents attempts to make a comprehensive study of＂special knowledge＂ and to determine its role in the criminal process and criminology nowadays. The concept of special knowledge and its borders, especially the use of its various forms are analyzed. The author considers some controversial provisions in the demarcation of expertise special knowledge from other knowledge （including legal）, and establishes their relationship. The provision for the need to establish certain ＂unification＂ in the use of specialized knowledge, as well as in the appointment and conducting forensic examinations, inviting experts, obtaining advice is made. This also applies to the aspirations of uniform methods, expertise techniques and technology in the application of special knowledge. The use of examination in criminal justice in Ukraine is analyzed and some of the changes associated with the adoption of the new Criminal Procedure Code are considered. The changes in procedures are associated with the desire to transform the traditional regulations and to move to the adversarial criminal process. The necessity of equal procedural opportunities in the use of special knowledge by the prosecution and the defense is argued.
文摘The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in the elements constituting a crime, in the social harm done and in the form of the crime. Expansion of judicial interpretation is the primary choice for handling cybercrime. However, its limitations are also obvious. In the face of cyber variants of traditional crimes, we argue that raising the status of some acts of preparation to that of independent acts of execution and making some joint offenders into principal offenders offers two important solutions that can no longer be avoided by China＇s criminal law legislation.
文摘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].
文摘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.
