侦查工作引入沉默权制度的分析研究

我国目前立法中还没有沉默权制度，引入沉默权制度是大势所趋。建立沉默权制度有利干加强对犯罪嫌疑人和被告人基本人权的程序保障，促进中国刑事诉讼制度的进一步民主化，是履行国际法义务的需要，也是树立公众对刑事程序的信心。维持刑事程序正常运作的现实需要。在此情形下，我国侦查工作应有的应对研究就显得十分必要。     

On the macroeconomic effects of establishing tradability in weak property rights

The New Economy is closely associated with computing & communications technology, notably the Internet. We discuss property rights to, and trade in, the difficult-to-define intangible assets increasingly dominating the New Economy, and the possibility of under-investment in these assets. For a realistic analysis we introduce a Schumpeterian market environment (the experimentally organized economy). Weak property rights prevail when the rights to access, use, andtrade in intangible assets cannot be fully exercised. The trade-off between the benefits of open access on the Internet, and the incentive effects of strengthened property rights, depend both on the particular strategy a firm employs to secure property rights, and the protection offered by law. Economic property rights can be strengthened if the originator can find innovative ways to charge for the intangible assets. The extreme complexity of the New Economy and the large number of possible innovative private contract arrangements make it more important to facilitate the use and enforcement of private individualized contracts to protect intellectual property than to rely only on standard patent and copyright law. Enabling law is one proposed solution. Current patent legislation in the US has led to costly litigation processes weakening the position of small firms and individuals in patent disputes. The property rights of such firms and individuals could be strengthened with insurance or arbitration procedures.JEL Classification: D21, D23, D52, D82, H54, K11, K22, K41, L11, L23, M13, O14, O33An earlier version of this paper was presented at the 9th Congress of the International Joseph A. Schumpeter Society (ISS), Gainesville, Florida, USA, March 28-30, 2002. The paper is part of the Nödfor project on Schumpeterian Creative Destruction, notably the exit and bankruptcy process, based at the Ratio Institute, Stockholm.     

计算机网络犯罪浅析

本文通过诸多网络犯罪表象,来概括网络犯罪的概念、特点及犯罪构成特征,对网络犯罪类型进行分类,同时对网络犯罪的发展趋势做出判断,希望我们的网络犯罪的立法早日完善。     

疑罪不诉的法律后果及意义

疑罪不诉即证据不足的不起诉。疑罪不诉具有诸多法律后果：可以使公安机关在其移送起诉的案件中享有制约权;在有被害人的案件中,被害人享有自我救济权;被羁押的被不起诉人享有获得国家赔偿权,同时体现了贯彻实事求是、有错必纠的原则。疑罪不诉有利于尊重和保障人权,预防刑事“冤案”的发生;有利于贯彻“宽严相济”的刑事政策,促进社会和谐;有利于提高侦查机关的办案质量和降低刑事诉讼成本。     

Crime and economic growth: A case study of Manaus,Brazil

Brazil became the seventh largest economy in the world in 2012. In the same year, the country was responsible for 13% of all worldwide murders. Despite the economic advances, crime is increasing over time in the country. This study explores the impact of organized crime on local economies, focusing on the case of Manaus, Brazil, and the emergence of the criminal group Família do Norte (FDN). We employ a synthetic control method to analyze the economic effects of the FDN's presence in Manaus. The findings reveal a significant negative impact on the city's economic growth and prosperity, with Manaus experiencing a 2% per year lower GDP per capita compared to what it would have been without the FDN. Robustness checks confirme this result, showing how organized crime can disrupt the country's economic advances.     

Search for a theory of organized crimes

Casual empirical observations reveal no systematic relationship between the overall crime rate and organized criminal activity. We develop a search-theoretic framework to study the interactions not only between formal labor and crime sectors but also between individual and organized crimes. In equilibrium, individual and organized criminals face different arrest risks, success rates, reward structures and outside options. We characterize agents' “occupational choices,” the gang's hierarchical structure and the responses of unemployment, crime rates and crime composition to changes in labor-market conditions and crime-deterrence policies. We further assess the effectiveness of arrest versus punishment policies in deterring individual and organized crimes.     

日本对证券犯罪的法律规制与防范对策

二战后日本《证券交易法》实施以来,日本证券市场的监督与管理体制发生了深刻的变化,纷繁复杂的证券犯罪是促动体制不断变革的主要原因。迄今为止,日本已经通过不断地修订法律确立了对证券违法和犯罪行为进行处罚的制裁体系,其中既有和我国刑法规定相一致之处,也有很多独特的地方,很有借鉴意义。     

认定渎职侵权犯罪因果关系中存在的问题及对策

当前司法实践中,由于存在因果关系理论不统一,对渎职侵权因果关系的法律规范缺失,渎职侵权行为责任分散和模糊,对渎侦办案人员实行通才管理体制等问题,严重影响了渎职侵权犯罪因果关系的依法正确认定。应当用传统刑法学因果关系理论作为认定渎职侵权犯罪因果关系的理论基础并明确为具体法律规范,引入和参照共同犯罪理论,多渠道加强办案人员的分类专业建设,上提一级该罪的立案侦查权等,以促进对渎职侵权犯罪因果关系的依法正确认定。     

Accountants’ hybridization and juridification: a critical reflection on the fight against organized crime

Policy-makers and regulators are increasingly focusing on fighting organized crime. Preventing criminal organizations infiltrating an economy involves multiple groups of professionals operating in complex regulatory environments. This paper looks at whether the current regulations for the management of assets seized from organized crime are adequate. The focus is on the Italian setting, and the research included interviews with accountants, judges and police officers involved in the management of seized entities. The results have application worldwide.     

Waste crime in Italian Regions: A Structural Equation Approach

The main aim of this paper is to analyze the determinants of waste crime in Italy by employing a Structural Equation Approach estimated by the Partial Least Square algorithm (PLS-SEM). By treating waste crime as a latent variable that is directly related to its causes and effects, the PLS-SEM methodology allows us to derive a Waste Crime Index (WCI) at the regional level over the period from 2004 to 2016. This analysis decomposes the overall effects of each cause of WCI from the direct and indirect components. Accordingly, we provide some hints to design more effective policies to prevent waste crime.