The Guidance Function of Cases of Misappropriation of Public Funds in Transitional China—With the Reference to Criminal Trial of the Supreme People’s Court of China as a Sample of Analysis

相对于贪污、受贿等传统型腐败犯罪, 挪用公款罪不是常态性罪名, 而是针对社 会转型刑法应对的成果。该罪的立法、司法过程中存在着诸多纠结, 这使得判例参考 的价值凸显。最高人民法院十分重视对该罪判例的公布, 这为现实裁决提供了指导和 参考作用。最近10年所公布挪用公款罪判例折射出司法的重心是: 注重主体身份的实 质公务性、从形式合理性理解“归个人使用”、慎重解释“公款”的内涵。判例公布 在有利于同案同判的同时, 也成为促进理论与实践的助推器。

关键词: 腐败犯罪 挪用公款 社会转型 判例 ?刑事审判参考?

Compared with the traditional offenses of embezzlement, bribe-taking and so on, the misappropriation of public funds is not a routine charge but a result of the response of criminal law to social transition. The fact that a number of difficulties have arisen in legislative and judicial procedures relating to this offense makes the value of case reference material significant. The Supreme People’s Court of China attaches great importance to the publication of cases of misappropriation of public funds, which offer guidance and reference for real-life adjudication. Cases publicized in the last decade reflect a judicial emphasis—they focus on the official nature of the duties performed by the subject, on understanding “for individual use” from the viewpoint of formal rationality and on a cautious interpretation of the connotations of “public funds.” Publicizing such cases facilitates reaching the same verdict in similar cases and at the same time acts as a catalyst for the advancement of theory and practice.     

Bid-rigging networks and state-corporate crime in the construction industry

This study highlights the symbiotic relationship that may arise between political and business actors in conspiracies organized around public construction bids. Based on a core-periphery social network analysis, the study tracks the emergence of such a conspiracy in the city of Laval (Canada) by illustrating the evolution of bid-rigging networks revolving around suspected and persistent acts of corruption, bid-rigging, and bribery. To assess this process, the study monitors irregular bidding indicators across a data set compiled from more than 7000 public construction tenders that were processed by the city from 1966 to 2013. Findings reveal that firms suspected of bid-rigging activities were perennial core participants largely as a result of a state-corporate crime system that served as the guiding force for agreements between the main construction entrepreneurs.     

Children’s Disclosure of Sexual Abuse: A Systematic Review of Qualitative Research Exploring Barriers and Facilitators

This study evaluates and synthesizes qualitative evidence addressing factors affecting a child’s decision to disclose an experience of sexual abuse. Childhood sexual abuse is a devastating crime, with long-term negative impacts. Understanding the factors that affect a child’s decision to disclose is vital. Disclosure enables access to support and protection, both therapeutically and legally. A systematic review was conducted focusing on factors affecting a child’s decision to disclose an experience of sexual abuse. Seven studies were identified, quality appraisal undertaken, and meta-ethnography used to synthesize the studies. Six new super-ordinate themes were developed: Fear of what will happen; Others’ reactions: fear of disbelief; Emotions and impact of the abuse; An opportunity to tell; Concern for self and others; and Feelings toward the abuser. Themes indicated the importance of support, structure, and opportunity to facilitate disclosure and should be utilized by agencies to develop practices that facilitate disclosures.     

Suicide,Religion, and Latinos: A Macrolevel Study of U.S. Latino Suicide Rates

Since the publication of Durkheim's Suicide more than a century ago, researchers have been examining the relationship between religion and suicide, and race/ethnicity and suicide. However, no study has examined how religion influences U.S. Latino suicide rates. This study fills a gap in the literature by applying three competing theses to the study of Latino suicide. Results show that (1) religious contextual variables significantly affect Latino suicide rates, (2) U.S.‐born Latinos benefit from religious communities, regardless of denomination or measurement used, and (3) foreign‐born Latinos only benefit from Catholic adherents and homogeneity.     

You Catch More Flies With Honey: Sex Work,Violence, and Masculinity on the Streets

Violence among inner‐city men is a pressing social concern, and the central focus of much academic research. Many frame it as a phenomenon that certain men perpetuate—those who inhabit disadvantaged, impoverished communities—and argue it is linked to performances of “street” masculinity. In this article, I examine male street‐based sex workers’ willingness to become embroiled in violent exchanges. In a departure from theoretical predictions, my findings reveal these men expend considerable effort to remain nonviolent with others immersed in the sex trade, a decision based upon their desire for the acquisition of capital as well as their calculation of risks. In doing so, they construct and perform a nuanced version of masculinity, which I call pacifist masculinity. Few studies analyze peaceful and conciliatory interactions among men in these contexts, an absence that only serves to reify assumptions about rampant hostility and aggression. I draw on interviews with 19 men involved in street prostitution in Chicago in 2012. This article contributes to a clearer understanding of male–male violence in high‐risk environments, examines the prominent factors that inform decisions to assault others, and explores how such actions challenge hegemonic masculinity.     

Adolescents’ perceptions of the ‘substance use-violence nexus’: a South African perspective

The aim of the study was to explore adolescents’ perceptions of substance use as a contributing factor to community violence by employing a conceptual framework proposed by Goldstein. Data were collected from a sample of adolescents between the ages of 15 and 16 years by means of focus group interviews. Theoretical thematic analysis was used to analyse and interpret the findings. The participants’ perceptions indicated that substance use and withdrawal symptoms induce physiological and behavioural modifications resulting in aggression and violence. The findings also suggest that participants believed that substance users frequently commit property and violent interpersonal crimes such as theft, robbery, assault and murder to procure their substances. Further, the adolescents’ perceived violence to be rooted within gang culture as well as the involvement in shared markets for illicit substance trading.     

Changes in At-Risk American Men's Crime and Substance Use Trajectories Following Fatherhood

Fatherhood can be a turning point in development and in men's crime and substance use trajectories. At-risk boys (N = 206) were assessed annually from ages 12 to 31 years. Crime, arrest, and tobacco, alcohol, and marijuana use trajectories were examined. Marriage was associated with lower levels of crime and less frequent substance use. Following the birth of a first biological child, men's crime trajectories showed slope decreases, and tobacco and alcohol use trajectories showed level decreases. The older men were when they became fathers, the greater the level decreases were in crime and alcohol use and the less the slope decreases were in tobacco and marijuana use. Patterns are consistent with theories of social control and social timetables.     

Redirecting the Lives of Urban Black Males:

Midnight Basketball is one example of a new generation of social resource programs which are designed to mend the social fabric of inner city communities. In this paper, we present the results of an evaluation of Milwaukee's Midnight Basketball League, In the Paint at One Two, which indicates that the ''returns'' on the money invested in the program are far greater than the returns on the enormously popular punitive and paternalistic policies and programs currently advocated at all levels of government. During the first year, the Midnight Basketball program (1) reduced crime rates by 30% in the target area, (2) created a safe haven in which participants (and the fans) could engage in positive social activities, (3) channeled the energy of gang members in a positive direction, and (4) significantly improved the educational and career aspirations of program participants. Nearly all of the participants indicate that such leagues should be developed throughout the city of Milwaukee.     

Neighborhood Organizations and Resident Assistance to Police1

Police and scholars note that successful crime fighting requires police and residents to “co‐produce” public safety. However, residents are often reluctant to get involved in policing initiatives or even report crimes they witness. One possible means of stimulating resident involvement in crime‐control activities is through neighborhood organizations. This research, conducted on 1,313 residents of 42 neighborhoods in western South Carolina, investigates whether neighborhood organization participation increases the likelihood of assisting police in crime‐control efforts. Results indicate that organization participants are more likely to assist police than are nonparticipants, even after controlling for social cohesion, perceptions of police legitimacy, various policing strategies, fear of crime, and demographic factors.