中国非法移民问题研究综述

非法移民是一个世界性难题,多年来理论界对此展开了深入的探讨与研究,笔者将这几年来学术界对此问题的研究进行梳理、综述,并在此基础上提出学术界对其研究的不足与今后的研究趋势。     

再论被告人承担客观证明责任——以我国刑法规定的持有型犯罪为例

刑法上,被告人在特定个罪中针对特定事项承担客观证明责任,宏观上体现了国家针对特定法益趋于严厉的刑事政策选择和保护,微观上通过明确特定个罪的犯罪构成要件具体得以实施,这在持有型犯罪的刑事立法中表现尤为明显.从证明角度来看,要真正体现持有犯需要的周延特定法益保护、严密刑事法网和严格刑事责任的刑事政策功能定位,只能由被告人证明持有特定物品行为并不会对特定法益造成可能的侵害结果,这是被告人在该类犯罪中要承担客观证明责任的刑法根据.被告人的客观证明责任是一种提示国家刑事政策风向的技术性装置.     

Creating illegal immigrants

This paper considers the prospects for successful implementation by governments of guest-worker programs that are based on an intended temporary presence of foreign workers. A means of enforcement of temporary presence is a penalty imposed for overstaying the permissible time period. Employers who are obliged to post bonds for their foreign workers are provided with an incentive to ensure that their workers leave at the end of their contractually specified stay. We consider the consequences of such a bond when foreign workers can leave legal employers for illegal employment. We also investigate the effectiveness of deferred payments to foreign workers as a means of discouraging transition from legal employment to illegal presence. In the final analysis, although the policy intention is a temporary stay, we conclude that if foreign workers do not wish to return home, there is an almost inevitability to the creation of a population of illegal immigrants (whose presence may be subsequently legalized). Received: 28 May 1997/Accepted: 6 July 1998     

The independent’s edge in an illegal drug distribution setting: Levitt and Venkatesh revisited

Popular imagery and scholarly research have differed significantly in their perceptions and understanding of the structure and scope of organized crime and gang settings. While the common image is that of the corporate-like or formal criminal organization, past research has been more likely to argue and demonstrate in favour of market and network flexibility. In this study, we pursue this latter line of inquiry by demonstrating the market and network features that shape illegal drug distribution settings. In doing so, we rely on the Quebec Hells Angels accounting books for a one-year period, which brings us within the same empirical domain as Levitt and Venkatesh’s (2000) study of the Black Knights in 1990s Chicago. Our study sways from the main premise that oriented the Black Knight’s case study—namely that performance within the illegal drug distribution structure was directly tied to that organization’s rigid hierarchical structure. While the Hells Angels can be analyzed as a corporation, this does not mean that Hells Angels members are, by definition, at an advantage because of their organizational status in the illegal drug distribution setting in which some members are active. What our findings indicate is that a participant’s ability to adapt to market dynamics and take on a core network position within an illegal drug market (cocaine, in this study) matter most. Overall, we demonstrate that: 1) Quebec’s cocaine market was structured primarily around traditional market forces; 2) the transaction network around the Hells Angels was not centralized around a single person or small group of people; 3) Hells Angels members were not the most active participants; and 4) being a Hells Angels member did not increase one’s volume of transactions within the network—quite differently, core network positioning did.     

Does illegal immigration empower rightist parties?

The main goal of this paper is to analyze the political outcome in countries where the relevant issue in elections is the control of immigration. In particular, we explore the consequences on the political outcome of the fact that parties are either ideological or opportunistic with respect to this issue. To do that, we use a simple two-party political competition model in which the issues over which parties take positions are the levels of border enforcement and the way it has to be financed. We show that an ideological rather than a pure opportunistic behavior gives parties an advantage to win the election. This result may help us to understand the recent success of anti-immigrant and rightist parties in several countries.     

非法证据排除规则之法理分析

非法证据即违法取得的证据。非法证据排除规则指违反法定程序、以非法方法获得的证据,不具有证据能力,不能为法庭采纳。非法证据是否具有证据能力以及非法证据排除原则是否应当确立,集中体现了刑事诉讼惩罚犯罪和保障人权这两大价值目标之间的冲突与协调。在世界各国人权保障思潮高涨的时代背景下,非法证据排除规则的确立对于保障公民的个人权利,防止国家权力过度扩张给公民权利造成侵害等方面具有重要的意义。     

浅谈遗失物拾得制度的完善

我国民法通则对拾得制度的规定过于简略。本文从两个方面论述了如何完善拾得制度：1．应完善拾得人权利与义务的规定;2．应规定拾得人不返还时,如何进行处理。     

欺诈与诈骗概念之异同辨

欺诈与诈骗是两个既有联系又有着本质区别的概念,欺诈内涵包括欺骗与非法占有目的之外的不法意图,而诈骗内涵则为欺骗加非法占有目的。正是两者质的不同,决定了欺诈与诈骗不可能相互转化。     

A taxonomic view of illegal transfer of technologies: A case study

Illegal transfer of technology (ITT) is one of the major policy formulation, industrial management, and law enforcement issues of this decade. It includes industrial espionage, the piracy of; software, logos, and hardware designs and it overlaps with issues of terrorism and those involving weapons of mass destruction. It is of concern at corporate, national, and world-body levels. Technology herein is defined broadly to include intellectual property. ITT involves various kinds of players, takes on various modalities and is done for various motivations. The ITT literature is very disjoint and disparate. It transcends several academic disciplines, professions and professional communities. To remedy such fractionation this paper offers a taxonomy defining the field in its entirety while delineating all of its facets in a manner that is parsimonious yet discriminating. A number of actionable uses for the taxonomy are identified as are its potential users.     

草场禁牧政策下的农民放牧行为研究 ———以宁夏盐池县的调查为例

在政府全面禁牧的政策措施下,农民从其经济利益出发,开辟了违规放牧的新途径并取得了收入增加的效果,从而导致了政府干预的无效。所以要改变农民的行为,达到草场保护,就必须对其行为的动机进行分析,从其需要出发进行探讨。