可宥性事由：体育竞赛“越轨”行为出罪的又一考量因素     

刘峰江 《河北体育学院学报》2020,34(6):9-16

可宥性事由源于英美刑事诉讼中的可抗辩事由，与正当化事由联袂构成行为出罪理论的基石。与正当化事由不同，可宥性事由已经僭越了法定的行为正当化条件，行为的违法性首先被肯定，只是在责任归属上寻求宽恕性处理。引入可宥性事由，可丰富体育竞赛行为入罪和出罪的相关内容，便于司法统一判定。分析认为，体育竞赛行为可宥性事由成立，要满足体育赛事本身具有合法性和正规性、主体仅针对运动员、行为局限于体育竞赛行为、违法目的“单纯”性、行为以“反规则”为前提等条件。入罪和出罪的类型化有利于定罪和量刑的规范化，分别对竞技伤害行为、滥用兴奋剂行为、假球等竞赛舞弊行为适用可宥性事由予以出罪抑或减轻处罚的情形进行具体分析。最后，指出体育竞赛运动员可宥性事由行为入罪不能忽视运动员自由保障的理念，且尽量避免选择性刑事司法。  相似文献   

Adolescents’ motives for selling sex in a welfare state – A Swedish national study     

《Child abuse & neglect》2018

In addition to money or other compensation, other motives for selling sex may be important in a welfare country such as Sweden. The aim of this study was to carry out an exploratory investigation of adolescents’ motives for selling sex in a population-based survey in Sweden. A total of 5839 adolescents from the third year of Swedish high school, mean age 18.0 years, participated in the study. The response rate was 59.7% and 51 students (0.9%) reported having sold sex. Exploratory factor analysis and hierarchical cluster analysis were used to identify groups of adolescents according to underlying motives for selling sex. Further analyses were carried out for characteristics of selling sex and risk factors. Three groups of adolescents were categorized according to their motives for selling sex: Adolescents reporting; 1) Emotional reasons, being at a greater risk of sexual abuse, using sex as a means of self-injury and having a non-heterosexual orientation. 2) Material but no Emotional reasons, who more often receive money as compensation and selling sex to a person over 25 years of age, and 3) Pleasure or no underlying motive for selling sex reported, who were mostly heterosexual males selling sex to a person under 25 years of age, the buyer was not known from the Internet, the reward was seldom money and this group was less exposed to penetrative sexual abuse or using sex as a means of self-injury. In conclusion, adolescents selling sex are a heterogeneous group in regard to underlying motives.  相似文献   

Neighborhood crime undermines parenting: Violence in the vicinity of households as a predictor of aggressive discipline     

《Child abuse & neglect》2018

Child discipline is a central component of parent-child interactions. Evidence suggests corporal discipline impairs children’s physical, cognitive, and socioemotional development and compromises their future chances, especially since it is more frequently used against at-risk children. Using geocoded data for 1209 children under the age of five and their mothers, this study analyses the relation between the occurrence of crimes in close proximity to households in four major urban municipalities of Colombia and a particularly violent corporal discipline practice: hitting children with objects. Results indicate that exposure to violent crimes, such as homicides and personal injuries, predicts a higher probability of hitting children with objects, even after controlling for a set of individual, family, and neighborhood characteristics. Sensitivity analyses suggest violent crimes are not related to other discipline methods, and less threatening crimes, such as robbery and drug trafficking, are not associated with hitting children with objects. These findings suggest households’ walls are permeable, and outside threats may interfere with families’ dynamics and well-being. Future directions and implications are discussed.  相似文献   

析操纵证券、期货交易价格罪在实践中的运用     

施春军 《苏州市职业大学学报》2006,17(1):56-60

操纵证券、期货交易价格罪在适用中的诸多困惑引起我们较多的思考,证券、期货市场是一个比较特殊的市场,证券、期货犯罪亦有其特殊性,目前司法实践中可供参考的案例并不多,本文对操纵证券、期货交易价格罪的犯罪构成要件、罪与非罪的界限、共同犯罪等特殊问题都一一做了探讨,意旨对司法实践有所裨益。  相似文献   

论非法经营罪司法适用中的问题     

杜磊 《锦州师范学院学报(哲学社会科学版)》2006,28(5):70-73

非法经营罪是破坏社会主义市场经济秩序罪中的一种犯罪，该罪在实践适用中暴露出很多问题。应对作为本罪的客观行为表现作严格的限定和解释，以最大限度地克服小口袋罪的弊端。同时，对于本罪中罚金刑的适用及与相关犯罪的区别也应予以充分重视。  相似文献   

论刑法中关于市场犯罪     

刘路明  李英 《贵阳金筑大学学报》2002,(3)

随着我国经济体制改革的不断深入,市场经济领域内的违法犯罪现象也日趋增多,建立和完善市场经济法律体系十分重要。市场犯罪是市场经济中的一种社会现象,如何有效地防止市场犯罪,保障社会主义市场经济健康发展,是当前一个急需解决的问题。  相似文献   

美国计算机犯罪立法的发展与启示     

张琳 《图书与情报》2006,(5):89-92,97

计算机犯罪已严重危害了信息系统安全，各国政府也已认识到打击和惩罚计算机犯罪、保护信息系统安全的重要性。美国很早就将保护信息系统安全纳入了法治化的轨道，在打击计算机犯罪中也积累了丰富的经验。文章通过探讨美国计算机犯罪立法的历史沿革和最新发展，对信息系统安全的法治化进程中的规律进行总结，以期为我国的信息法制建设提供借鉴。  相似文献   

未成年人犯罪的现状及其预防     

吕素芳 《重庆职业技术学院学报》2004,13(2):77-78

未成年人是祖国的未来.未成年人的犯罪问题一直是全社会关注的热点,同时也是消除社会不稳定的因素,为经济、政治、文化等各方面发展创造良好环境的重要课题之一.分析未成年人犯罪的特点、原因,寻觅预防未成年人犯罪的对策,是一项功在当代、利在千秋的事情.  相似文献   

Psychological complaints reported by sexually abused children during criminal investigations: Istanbul example     

《Child abuse & neglect》2016

The present study aims at describing the psychological complaints reported, as a part of the criminal investigation process, by the victims of sexual abuse as a part of the criminal investigation process, without attempting at reaching a medical diagnosis; and it discusses the relation of these reports with variables such as victim's gender, age and relation to the offender, type and duration of abuse, and parental marital status of the victim. Data is obtained from the statements of childhood sexual abuse (CSA) victims under the age of 15, as taken by Istanbul Juvenile Justice Department between the years 2009 and 2012. The sample consists of 175 cases with a total of 202 victim statements. Through the use of content analysis, the main and sub-categories of themes of the statements were determined. By means of the evaluation of the psychological condition of victims, we evaluated them in two categories: psychological complaints including self-harm and risk taking behaviors and psychological complaints with no self-harm and risk taking behaviors. The statistical analyses yield significant relations between the psychological complaints and children's parental marital status. Analysis of initial statements of sexual abuse victims is important as it may greatly contribute to professionals diagnosing and treating psychological complaints of these victims. It is essential that victims of sexual abuse should receive immediate psychological support starting with the criminal investigation process.  相似文献   

Perpetrators and context of child sexual abuse in Kenya     

《Child abuse & neglect》2015

Child sexual abuse (CSA) interventions draw from a better understanding of the context of CSA. A survey on violence before age 18 was conducted among respondents aged 13–17 and 18–24 years. Among females (13–17), the key perpetrators of unwanted sexual touching (UST) were friends/classmates (27.0%) and among males, intimate partners (IP) (35.9%). The first incident of UST among females occurred while traveling on foot (33.0%) and among males, in the respondent's home (29.1%). Among females (13–17), the key perpetrators of unwanted attempted sex (UAS) were relatives (28.9%) and among males, friends/classmates (31.0%). Among females, UAS occurred mainly while traveling on foot (42.2%) and among males, in school (40.8%). Among females and males (18–24 years), the main perpetrators of UST were IP (32.1% and 43.9%) and the first incident occurred mainly in school (24.9% and 26.0%), respectively. The main perpetrators of UAS among females and males (18–24 years) were IP (33.3% and 40.6%, respectively). Among females, UAS occurred while traveling on foot (32.7%), and among males, in the respondent's home (38.8%); UAS occurred mostly in the evening (females 60.7%; males 41.4%) or afternoon (females 27.8%; males 37.9%). Among females (18–24 years), the main perpetrators of pressured/forced sex were IP and the first incidents occurred in the perpetrator's home. Prevention interventions need to consider perpetrators and context of CSA to increase their effectiveness. In Kenya, effective CSA prevention interventions that target intimate relationships among young people, the home and school settings are needed.  相似文献