空间、失序与犯罪——西方环境犯罪学研究综述

西方环境犯罪学研究可以追溯到两次世界大战之间在芝加哥社会学派内部进行的重要的犯罪学研究。威克斯卓姆对斯德哥尔摩警察记录犯罪进行了研究,很好地说明了犯罪在大城市的位置分布方式。费尔森、克拉克、科恩等发展了机会理论与日常活动理论来解释犯罪与环境的关系。西方学者亦研究了犯罪人对空间的看法与使用、不文明与犯罪的关系以及＂破窗户假说＂,得出了有益的结论。     

试析民事合同欺诈与合同诈骗罪的区别--以一起林权转让纠纷为例

从一起林权转让纠纷的定性为切入点,深入探讨民事合同欺诈与合同诈骗罪的含义、特征,分析二者的区别,即民事合同欺诈与合同诈骗罪在主观目的、客观表现、数额要求、法律责任等方面不同,指出执法实践中特别应注意审查欺诈行为人主体资格是否属实,弄清欺诈行为人客观上有无实际履约能力,查清欺诈行为人有无实际履约行为,核实行为人不履行合同的原因,查明行为人资金和财务流向等问题。     

Econometric analysis of noncompliance with organic farming standards in Switzerland

Applying the economics of crime theory, we model the decision of an opportunistic and/or careless organic farmer and derive hypotheses to explain noncompliance. Where empirical data are available, hypotheses are tested. We use data for the years 2007 through 2009 of organic farms certified by Bio Suisse. Imposed sanctions are used as a proxy variable for noncompliance and farm characteristics as explanatory variables. Random effects logit models show that processing activities and livestock diversity significantly increase a farm's sanction probability. Past noncompliances also indicate a higher present sanction probability. Finally, we discuss some methodological issues and suggest a way to organize risk‐based inspections more effectively.     

Death of a Backpacker: Incidental but Not Random

This case study of the fatal shooting of a backpacker by a policeman in the otherwise peaceful town of Pai in northern Thailand aims to show that, though incidental, it was not just a random occurrence. Rather, the event can be interpreted in terms of wider social structural processes and personal agency. The growing tension between the police and the backpackers in town, partly resulting from pressures to upgrade the community for more up-market domestic tourism, created the conditions for the occurrence of the event; but the personal predispositions of the main antagonists exacerbated these tensions, eventuating in tragic consequences. The article examines the contrasting versions of the event, and the ‘ethno-victimology’, implicit in the manner various groups of foreigners allocated the responsibility for the shooting between the antagonists. The article concludes that the event may have a negative effect on backpackers’ image of Pai (but not on the domestic tourists’ image), while the growth in the number of foreigners killed in Thailand may have an accumulative effect on the touristic image of the country as a whole. Some ideas for the further study of events in tourism are suggested.     

Investigating causality among unemployment,income and crime in Taiwan: evidence from the bounds test approach

This paper examines the long-run and causal relationships among unemployment, income and crime in Taiwan. The results clearly indicate that there is a long-run level equilibrium relationship among unemployment, income and total crime. There are also long-run relationships among unemployment, income and theft and among unemployment, income and economic fraud. The causality test results from the ECM-VAR and level VAR models indicate that there is a neutral relationship among unemployment, income and total crime, and a neutral relationship among unemployment, income and all three categories of crime. It is concluded that there is no strong evidence in favor of the unemployment-led crime (ULC) or the crime-led unemployment (CLU) hypotheses in Taiwan.     

Unemployment and Right‐wing Extremist Crime*

It is frequently argued that unemployment plays a crucial role in the occurrence of right‐wing extremist crimes (RECs). We test this hypothesis empirically using data from Germany. We find that right‐wing criminal activities occur more frequently when unemployment is high. The substantial difference in the numbers of RECs occurring in the East and West German states can mostly be attributed to differences in unemployment. This finding reinforces the importance of unemployment as an explanatory factor for RECs, and it questions explanations based solely on the different socialization in former communist East Germany and the liberal West German states.     

论破坏国家重点保护野生动物资源的犯罪

《野生动物保护法》将珍贵、濒危野生动物列为国家重点保护的野生动物 ,并规定了管理、保护制度。 1 997年《刑法》新增了非法猎捕、杀害珍贵、濒危野生动物罪和非法收购、运输、出售珍贵、濒危野生动物、珍贵、濒危野生动物制品罪 ,从而完善了我国对野生动物的法律保护体系。本文就两个罪名的法律构成 ,以及司法实践中的有关问题展开讨论。     

Killing for Money and the Economic Theory of Crime

There is a large literature on the economics of crime and punishment, yet surprisingly little attention is paid to the receipt of money for crime. “Contract killing” is surprisingly neglected not only by economists but also by social scientists in general. In this paper, I look at the case not of professional gangster “hitmen” but of individuals who have found themselves in a position where they wish to have a killing carried out. This discussion does not condone the practice any more than an economic analysis of suicide is an inducement to individuals to kill themselves. To the lay reader, the cases where an individual feels the need to pay for killing may seem to be such that rationality is not a likely form of behaviour. However, the economics of crime has adopted the use of the rationality postulate as a heuristic for all types of crime.     

女性犯罪的形成、特征及其预防

女性具有与男性在生理因素、心理因素等方面的差异,所以女性犯罪,呈现出多方面的特殊性.女性犯罪呈现出暴力手段少,触犯偶犯较多、多为共同犯罪等特点.女性犯罪的社会预防与控制,需要社会各界多管齐下,任重道远.     

从立法理念与实践的关系论“偷税罪”的修改

2009年新通过的《中华人民共和国刑法修正案（七）》,以＂逃避缴纳税款罪＂取代了原来的＂偷税罪＂。本文以法律对于此项犯罪的具体修正为切入点,分析了立法的进步及其所反映出的立法理念的变化;通过对立法理念与现实实践之间可能产生的冲突的分析,指出了此次法律修正的不足之处,对其完善提出了建议。