故意杀人案件死刑适用实证研究——以二次量刑理论为视角

从实证角度出发,将72例故意杀人罪死刑案件作为样本,研究了故意杀人罪死刑案件适用的现状、现存的问题及原因,通过大量数据,研究发现了一些重要情节在决定死刑案件是否适用死刑、死刑是否立即执行时的不同作用。根据这些发现,可以借鉴二次量刑的方法,规范故意杀人案件死刑适用标准,尽可能提高司法的明确性,以呼唤死刑适用更大程度上向规范层面的回归。     

论故意杀人罪中"情节较轻的"情形

根据我国司法实践,故意杀人罪中"情节较轻的"情形是指义愤杀人,因不堪被害人长期迫害或虐待的杀人,基于被害人请求或得其承诺的杀人,生母杀害亲生婴儿的行为,教唆、帮助自杀,"大义灭亲"杀人,不作为杀人等情形。     

Characteristics of child abuse homicides in the state of Kansas from 1994 to 2007

Objective

This study described the epidemiology of child abuse homicides in the state of Kansas from 1994 to 2007. It focused on obtaining significant details on all recorded child abuse homicides in Kansas during this time frame to provide critical information that can be used for future preventive measures.

Methods

A retrospective case review was conducted on data gathered by the Kansas State Child Death Review Board for all cases of “child abuse homicides” that occurred from 1994 to 2007.

Results

A total of 170 child abuse homicide cases in Kansas between 1994 and 2007 were identified. The majority of these cases (63.5%) were considered fatal child physical abuse. There was a predominance of female victims (55.9%). The vast majority of victims were White (78.8%), followed by Black (17.1%). One to 2-year-olds accounted for the largest age group of children who were victimized (33.5%). For cases with known prenatal care status, 74% of mothers received adequate prenatal care. The largest percentage of victims was children of single mothers (40.6%), with no prior history of child abuse (60%). The majority of deaths occurred in the victim's residence (81.8%). The greatest number of deaths occurred secondary to abusive head trauma (42.9%), followed by asphyxia (21.8%). When a trigger was known, 44.2% involved inconsolable crying. The most common perpetrator was the victim's biological father (26.6%), followed by the victim's biological mother (24.9%), then the victim's mother's male paramour (19.8%).

Conclusions

Familiarity with characteristics involved in child abuse homicide allows for opportunities to enlist important preventive measures. Most child abuse homicides occurred at the hands of the victim's biological parents and in the victim's own residence. Prevention should be focused on parent education and coping mechanisms for the frustrating features of crying in normal infants that lead to shaking or abuse.     

我国刑法中抢劫罪的暴力是否包括故意杀人

虽然从立法原义上看，我国刑法中的抢劫罪包含故意杀人的行为，但是无论是从法定刑的配置、犯罪客体的确定，还是从杀人与抢劫的关系以及国外的立法例来看，这种规定是不合理的。从立法完善的角度考虑，应当将以杀人为手段进行抢劫的行为以故意杀人罪定罪处罚。     

Child homicide and neglect in France: 1991–2008

The aim of this study is to investigate epidemiological characteristics of the victims and the offenders in children homicide cases and to propose preventive measures. We retrospectively investigated homicides and deaths by neglect involving children aged 15 or less, which have been autopsied in the Department of Pathology and Legal Medicine of the Raymond Poincaré Hospital, Garches, France, during the 18-year period from 1991 to 2008. Cases included were analyzed for victims’ age and gender, victim-assailant's relation, death cause and scenery, and offender's motivation. For the purposes of the study, victims were divided into four age groups: new born; infants (1–23 months); young children (2–5 years); and children (6–15 years). During the study period, 70 victims of homicide or fatal neglect were identified, which equates to a child homicide prevalence of 0.56 per 100,000 children per year. Slightly more than half of the victims (51.4%) were less than 1 year old. Neonaticide prevalence was 0.12 per 100,000 births with an equal distribution between genders. Neonates were most likely to be killed by their mothers while fathers were the most frequent assailants in both infants and children groups. Stepparents were involved in only one case. Familicide cases where children and spouses are killed were perpetrated only by fathers. The leading cause of death was blunt trauma (especially head trauma). In the neonaticide group, half of the victims died from passive neglect whereas gunshots were predominant in the children groups.     

受挫的白日梦——《杀人未遂》解读

刘呐鸥的《杀人未遂》讲述的是关于罗君欲将情欲的白日梦在女银行职员身上实现,但却遭到对方拒绝而受挫的故事。作家表现了在新兴的物质文明下男性阳萎和阉割的焦虑。这是不同于中国传统的两性关系的新型的