云南边境地区毒品犯罪特点及对策

当前,云南边境地区毒品犯罪呈现出武装贩毒明显、特殊人群贩毒突出、境内外相互勾结、缅甸籍人员贩毒突出等特点.这源于人们对毒品犯罪的危害认识不足、宣传教育力度不够、受毒品高额利润驱动等原因.要提高打击毒品犯罪实效,必须采取加强综合冶理、完善法律制度、加强区域合作、加强情报调研工作、加大专项打击力度等措施.     

刑事政策指导下受贿罪定罪的立法完善

刑事政策影响定罪，尤其是定罪政策。当前我国受贿罪的定罪政策是单向化犯罪。建构严密的受贿罪体系要求扩大受贿罪的对象，不能局限于“财物”，对“为他人谋取利益”重新定位，并且采用主从式立法方法建立完整的罪名体系。     

秘密监听原则探析

秘密监听对公民宪法所保障的权利和自由产生了威胁,但是对侦查日益智能化的犯罪又是不可或缺的证据收集方式。从适应刑事庭审方式对证据要求的角度对秘密监听加以规范,使其以最小化的侵犯公民权利、自由的方式,达到证据收集效率的最优化,使以秘密监听收集方式获得的证据不致因违法而被排除在法庭之外,就必须从理论上解决秘密监听的法理依据及其密切相关的强迫自证其罪与拒绝证言权等问题,并使其能够最终成为定案的依据。     

消防责任事故罪构成要件探讨

消防责任事故罪包括客体、客观要件、主体、主观要件等若干构成要件,其客体为“国家的消防监督制度”,其客观要件是“经消防监督机构通知采取改正措施而拒绝执行”,其主体为特殊主体“直接责任人员”,其主观要件应限于过于轻信的过失。     

ORGANIZED CRIME AND THE TRAFFICKING OF RADIOLOGICAL MATERIALS

Based on unique empirical data, including interviews with smugglers of radiological materials and the investigators who track them, this article discusses nuclear smuggling trends in the former Soviet republic of Georgia. Smuggling in Georgia mainly involves opportunist smugglers and amateurs, as opposed to professional criminals and terrorists; however, this does not mean that radiological smuggling is devoid of professionalism or organization. The article demonstrates that professional criminals are rarely involved in smuggling due to the unreliable nature of the market for radiological materials and the threat radiological smuggling could pose to professional criminals' ability to wield political power and operate legal commercial enterprises.     

Traditional structures of crime control in Lagos,Nigeria

Notwithstanding the embrace of modern institutions of social control, traditional social control mechanisms still enjoy patronage in Nigeria. This paper examines the traditional structures of social control in Iraye-Oke, Lagos. In-depth interviews, key informant interviews and case studies were used to obtain data from participants. Findings established the functionality of traditional structures in checking crime and its preference over the use of modern social control structures. Traditional structures used include: traditional spiritualists who provide measures to reduce victimisation; the family courts where adjudication takes place involving elders and family chiefs; and the apex traditional court, presided over by the king, where cases like murder, land disputes, adultery and fornication are decided. Traditional extrajudicial measures involve the invocation of ancestral spirits at shrines.     

The management of security incidents by private security

This article is about the management of security incidents in organisations and companies which are under the protection of private security personnel, whether in-house or contracted. Incidents can be defined as accidental or anecdotal (bird flies into a camera) to a violation of law or company policy. Managing security incidents is one of the key functions of a private security service provider. The purpose of this study is to explore the management of security incidents and the information related thereto, identify shortcomings and find solutions for managing these shortcomings. Interviews were used to gain insight from personnel within the private and government sectors which are served by the private security industry. It was found that security incidents are handled in a routine way by organisations from the different sectors. One major shortcoming is that security incidents and the information related thereto are not managed by security service providers according to an operational framework or model with the required infrastructure and resources. The significance of this study is for security incidents to be managed correctly, so that the information related thereto may be captured accurately, analysed and used proactively and reactively to improve physical protection systems, develop preventative strategies and provide actionable information products in order to reduce crime, increase detection rates and prevent losses.     

THE CREATION OF THE ICC

The implications for African states of the recently created International Criminal Court should be carefully considered. There are far-reaching limitations placed on the ICC's jurisdictional scheme, both temporally as well as by the preconditions to the exercise of jurisdiction in the form of territoriality and nationality. The Court's powers may also be constrained out of deference to the grant of an internationally acceptable amnesty, and national courts may be constrained to recognise immunities from prosecution for high-ranking officials. These limitations need to be properly understood so that the ICC can be effectively utilised by African States to declare and act upon their commitment to the principle of individual criminal liability for those responsible for the most serious crimes.     

巨额财产来源不明罪法理检讨及完善

巨额财产来源不明罪是学界中争议较多的一个罪名。通过考察本罪的客观要件,“可以责令说明来源”不是本罪的构成要件,仅是司法机关调查案件的法定程序,因此,本罪存在自首;本罪的法定刑基本适宜,为便于司法实践,有必要对该罪的法定刑加以细化并设置财产刑;仅靠刑法不能抑制本罪的发生,应完善前置制度等非刑罚措施。     

谈消防责任事故罪的认定

从消防责任事故罪的概念和犯罪构成,消防责任事故罪与自然事故、一般消防事故的区分,消防责任事故罪与重大责任事故罪、玩忽职守罪的区分三个方面论述了消防工作中应如何正确认定消防责任事故罪。