POS 机套现非法经营罪构成要件之实证分析

行为人使用 POS 机以虚构交易、虚开价格、现金退货等方式向信用卡持卡人直接支付现金的行为,构成非法经营罪应当具备相应的构成要件：违法性认识的可能性、以营利为目的、套现者只能是持卡人而非冒用人、套现金额应支付持卡人。只有对这些构成要件明确认定,才能解决司法实务中的诸多争议,才能对信用卡套现行为正确定性。     

Autonomy,Identity, and ‘Illegal’ Logging in the Borderland of West Kalimantan,Indonesia

Borderland identity and traditional community autonomy affect the practice of ‘illegal’ logging and the impact of regional autonomy among the Iban along the upper Kapuas borderland in West Kalimantan, Indonesia. We examine these issues with attention to the historical development of the Kalimantan Iban as a border people, their struggle to maintain control over their traditional forest resources under the fluctuating power of the Indonesian state and their approaches in dealing with regional and cross-border interests in the harvesting of their forests.     

违规销售“家电下乡标识卡”的刑法学分析

违规销售家电下乡标识卡,利用标识卡骗取财政补贴的行为,以非法经营罪定性,不符罪刑法定原则,不符该罪谦抑使用要求,也难被该罪构成要件所涵括;以诈骗罪定性,忽视法益保护次序,不利司法效率价值,造成量刑反制定罪错误;以伪造、倒卖伪造的有价票证罪定性,则能合理确定罪数、犯罪形态、实现罪责刑相适应、契合法典对该罪名的价值主张。     

Illegal immigration booms and welfare in the host country

We assess the effects of an important influx of illegal immigration on production and welfare, applied to the Spanish economy during the nineties, through a calibrated general equilibrium model. Immigrants are perfect substitutes of unskilled native workers, according to their productivity, but they are unevenly rewarded. In a first simulation we analyse the effects of an exogenous increase of illegal workers equal to the estimates for the period. In another simulation an equivalent expansion in unskilled legal immigrants is then considered. Finally, a comparison of both simulations provides the scenario of illegal immigrants being legalised. The outcome suggests that the amount of remittances and the role of labour market mechanisms (e.g. trade unions) play an important role in overall results.     

路径选择:我国非法证据排除规则的有效运行

要想使得非法证据排除规则能够在我国的刑事诉讼中得以有效实施,需要注意以下相应配套机制的完善:促使我国刑事诉讼从侦查本位主义向审判中心主义转变;建立专门的程序性裁判程序;完善相应的程序性辩护制度。     

Do immigrants working illegally reduce the natives' legal employment? Evidence from Italy

The paper uses estimates, provided by the Central Statistical Office, of standard units of labour to examine how immigrants working (illegally) in the shadow economy affect the employment of (legal) labour in the official economy. The results of our cross sector-time series analysis of the demand for legal labour in the Italian economy between 1980 and 1995 show that the increase of illegal units of labour produces a reduction in the use of legal labour, albeit a very limited one. An analysis by sectors shows that the competitive effect of illegal foreign workers is not homogeneous and is strongest in the agricultural sector, while complementarity between the two categories of labour is evident in the non-tradable services sector. Furthermore, when the effects of illegal foreign and illegal native workers are compared, the former is smaller than the latter one, with illegal foreigners workers just reinforcing the impact of the illegal nationals on the labour market. Received: 27 June 1997/Accepted: 31 August 1998     

违法建筑的法律界定

违法建筑是我国行政执法过程中适用极为普遍的法律概念 ,但因理论界一直对之缺乏关注 ,国家立法机关也未正式界定违法建筑 ,人们对违法建筑的理解极不统一 ,各地对违法建筑的处理十分混乱。从物权法、实体法以及程序法的角度界定违法建筑 ,对正确认定和处理违法建筑的实践有着重要的指导意义     

How to partly bounce back the struggle against illegal immigration to the source countries

Recent models on the dynamics of immigration control claim that tightening internal borders may trigger the formation of networks supporting clandestine foreign workers. This may, in turn, increase the overall stock of illegal immigrants in the economy. One possible solution to this threatening situation might be to partly bounce back the struggle against illegal immigration to the source countries. This paper suggests that under certain conditions, the receiving country should direct some of the resources earmarked for coping with the problem of the illegal flow of workers to financially supporting the source countries, allowing them to compete among themselves for such aid. This support would be allocated according to the relative effort made by each source country in curbing illegal immigration, thereby motivating them to moderate the phenomenon. The model is also applicable to other fields of negative externalities, such as the smuggling of drugs and weapons, terrorism, and pollution.

Negative impact induced by foreign workers: Evidence in Malaysian construction sector

Though foreign workers served to overcome the labor shortage in the Malaysian construction market, over-dependence on foreign workers and the negative impacts induced have become a serious social problem. The aims of this research are to identify those negative impacts induced by foreign workers in the Malaysian construction market and to determine strategies in minimizing these negative impacts. Data were collected through a structured interview and survey. The questionnaires were delegated to professionals in construction projects who have direct contacts with foreign workers. Only respondents from those companies registered under the CIDB grade G7 were chosen for this survey. There were 117 sets of questionnaires completed and analyzed through the structured interviews. The three principal factors attracting foreign workers to the Malaysian construction market are “Preference of the employers”, “Lifestyle and working conditions”, and “Unattractiveness of the career pathway”. The main negative impacts induced by foreign workers are “Over-dependence on foreign workers”, “Increment in criminal activities or social problems”, and “Existence of illegal workers”. This research proposes that strategies such as “Attract local workers into the construction industry”, “Industrialized Building Systems”, “Eliminate illegal migration”, and “Improve governance structure” would be successful in minimizing negative impacts induced by foreign workers.     

论土地违法行为的内部制度成因

近年来,随着中国经济发展和城市化进程的不断推进,土地违法规模不断扩大。本文在分析土地违法现状的基础上,进一步从深层次分析了产生土地违法现象的内部制度成因,主要从土地供给制度缺陷和土地收益分配制度缺陷两个方面进行了具体分析,为科学解释土地违法行为,完善相关制度,从而进一步遏制土地违法行为提供了理论支持。