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。     

Development of proxy relationships: a case study of the Lebanese Civil War

Proxy warfare is a consistent element in international warfare. However, it is unclear why proxy relationships form in cases where states have multiple options of groups to support. Existing research identifies the presence of transnational constituencies, shared interstate rivalries, and moderate relative strength of militant groups as highly influential on the development of a proxy relationship. This study examines the presence of these variables within the context of the Lebanese Civil War. The results of this demonstrate that each state places greater importance on some variables and ignores others when choosing a proxy. Additionally, this study further demonstrates the presence of new variables that are key to the development of proxy relationships.     

How pressure for change challenge military organizational characteristics

This article elaborates on how structural, normative and functional pressures for change may challenge military organizational characteristics. We problematize theoretically and exemplify empirically what consequences these pressures can have on military organizational characteristics, arguing that they constitute major challenges for managing in particular normative pressures for change. The empirical examples suggest that bureaucratic, hierarchical, narcissistic and greedy traits of the organization are challenged by normative pressures such as value changes and normalization. Another source of challenge is professionalization processes. Structural challenges, on the other hand, are managed by the organization and do not seem to inhibit the workings of organizational characteristics. The plausibility probe conducted questions the sustainability of military organizational characteristics in their traditional disguise, in particular due to legitimacy concerns. It is suggested that future research should be directed towards analyzing how military organizations manage pressure for change and whether their characteristics are questioned.     

海警刑事执法存在的问题及对策研究

自2007年《公安机关海上执法工作规定》正式实施以来,公安海警部队已成为打击海上违法犯罪活动,维护海上治安秩序的重要力量。但是,由于海警部队承接海上案件侦查工作时间尚短,经验不足,执法工作仍存在许多问题,已严重影响了海警部队海上刑事执法工作的正常开展。以海警部队海上刑事执法实践中所暴露出的问题为切入点,深刻剖析产生这些问题的原因,并进而提出解决问题的思路与对策,以期对海警部队的海上刑事执法工作提供一定的理论参考,使海警部队在维护我国海洋秩序中发挥更为重要的作用。     

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。     

论刑法一般原则在军事刑法中的实现

军事刑法是普通刑法的特别法,因而,刑法的一般原则对军事刑法具有当然的指导意义,但是这些原则在军事刑法中会有特殊的体现。军事刑法保护的是国防利益、国家军事利益。但是,为了保护国防利益、国家军事利益而不当的牺牲个人权利是罪刑法定原则不允许的。法律面前人人平等原则要求,对任何人犯罪,在适用法律上一律平等。但是,由于军人具有特殊的身分,刑法对军人和非军人加以区别对待。罪刑相适应原则要求,刑罚的轻重,应当与犯罪分子所犯罪行和承担的刑事责任相适应。战时缓刑是刑罚个别化原则在军事刑法中的体现。     

Epidemics,national security,and US immigration policy

What are relationships between epidemics, national security, and US immigration policy? This question is important because it sheds light on transnational or nontraditional security areas, American immigration policy, and a pressing issue for US leaders who have recently faced epidemics such as the West Africa Ebola outbreak that began in 2013. This article answers it and lays ground in the area by reviewing epidemics in world history, using International Relations and Security Studies works to specify dangers of contagions for states, and identifying three general immigration measures that American leaders have utilized from the seventeenth century to the present day to protect against contagions, which are (1) policies restricting entrance of foreigners thought to carry specified diseases, (2) the isolation or quarantining of immigrants with contagious disease, and (3) delegating the President with authority to stop immigration in the event of an epidemic abroad. This study has implications for research and contemporary US immigration policy.     

Civilian Cooperation and Non-Cooperation with Non-State Armed Groups: The Centrality of Obedience and Resistance

Abstract

Terms like ‘support’ and ‘collaboration’ are often used interchangeably to denote a loose set of acts or attitudes that benefit non-state armed groups (NSAGs). However, these terms are seldom defined, and the alternatives available to civilians are rarely identified. Moreover, existing approaches overlook that the interaction between civilians and NSAGs is often one between ruler and ruled, which makes obedience and resistance central. This paper proposes to conceptualize the choices available to civilians as forms of cooperation and non-cooperation, offers a typology, and discusses the implications for theory building on civilian and NSAG behavior, and on the functioning of armed social orders.     

Covert radio communications: a viable tactic for international terrorists?

Covert operations by underground groups, such as transnational terrorists, are not new and neither are the methods members of these groups use to communicate in their shadowy world. In this regard, one of the enduring myths is that the main means these covert operatives use to communicate within their cell structure are telephones and emails in their various manifestations. This article critically discusses the possible use of wireless transmissions by transnational terrorists as a reliable form of communications. To critically discuss this proposition, a force field analysis was used to assess the theory that radio is a viable option. Implications of this study's findings are considered in terms of the ramifications they have for defence and security policy.     

刑事法律制度差异对海峡两岸合作打击跨境犯罪的影响及对策研究

大陆地区和台湾地区的刑事法律制度存在较大差异,必将影响海峡两岸共同合作打击跨境犯罪工作的开展。海峡两岸应在《海峡两岸共同打击犯罪及司法互助协议》框架下,在协商互信的基础上,本着对两岸刑事法律制度差异的清晰认识,采取合理、有效的刑事对策弱化其对两岸合作打击跨境犯罪的影响。