污染环境罪司法适用争议问题研究

《刑法修正案（八）》颁布实施后,污染环境罪适用已经一年有余,然而一些争议问题仍未厘清,尤其是主观罪过形态以及严格责任问题,理论界和司法实践中还存在不同的认识。笔者认为,将污染环境罪认定为过失犯罪不存在理论上的不恰切,相反更符合刑法罪责刑相适应的原则。同时严格责任在我国刑法中没有适用的空间。     

Outbound offending: The journey to crime and crime sprees

Studies on crime and mobility primarily focus on local crime patterns. The city has long played an important role, whether analysing the offence or the offender. This paper goes beyond city boundaries and discusses ‘outbound offenders’, whose crime trips start in a city, but end outside. It is argued that a substantial proportion of crime trips follow this pattern, indicating that areas other than cities also provide interesting opportunities for property crime. We link outbound offending to a number of features that may explain crime travelling, including the target’s features and offender/offence features. We find that outbound offending mostly occurs towards affluent target regions and near motorways, as such confirming findings from previous research. We also find crime sprees to be indicative for mobile offending. Thus, mobile property offenders tend to compensate for travelled distances, not only by targeting affluent areas and using fast transportation means, but also by committing several successive offences, hereby reducing their relative transportation cost for each offence.     

The influence of crime prevention through environmental design on victimisation and fear of crime

People's perception of crime and incivilities vary considerably depending on their attitudes towards environmental conditions. This paper investigated the hypothesised relationships between Crime Prevention Through Environmental Design (CPTED), victimisation and fear of crime. The checklist was administered by using on-site observation to measure the CPTED construct followed by a self-administered questionnaire to explore the residents' perceptions of victimisation and fear of crime in their area of residency. In all, 164 respondents from a selected group of residents were involved in this study. The structural equation modelling technique was employed and the results indicate that CPTED is negatively related to victimisation. The model also shows that there is a significant positive direct influence of victimisation on fear of crime. However, no direct significant relationship was found between CPTED and fear of crime, but a negative indirect relationship between CPTED and fear of crime was observed through victimisation.     

论疫学因果关系推定法在环境犯罪中的运用简

污染型环境犯罪具有复杂、时间长、举证难的特点,运用传统刑法必然因果关系理论难以确定因果关系。疫学因果关系推定法建立在大量的客观统计数据之上,根据四大推定原则来进行因果关系推理,有利于认定污染型环境犯罪的因果关系,但是又存在“高度盖然性”标准不明和容易被主观干扰等缺陷。结合我国实际情况,建议有原则地在污染型环境犯罪中引入疫学因果关系推定。     

Regulatory resistance to environmental law in rural Australia: land clearing,murder and the media

ABSTRACT

In 2014 an Australia public servant was killed in a confrontation over illegal land clearing. The perpetrator was a land holder with a history of non-compliance with environmental regulations and had been subject to a series of prosecutions. Political suggestions that the crime was somehow justified drew attention to the growing prevalence of law breaking linked to environmental law and policy in rural Australia. This paper investigated the social construction of both the crime and the community response through a qualitative media content analysis. Utilising the “Recipe for Criminalisation” framework developed by Amnesty International, the analysis identified a contest between media discourses of legitimacy in regards to the actions taken by the perpetrator, the public servant and ultimately, the regulatory framework itself. The analysis revealed that the link between media references to illegitimate legislation, excessive regulation, over-zealous compliance and strong social norms of rural independence and economic survival created a persuasive story of justified resistance to unwelcome environmental legislation in this case. Understanding how affected communities respond to instances of policy failure, civil and criminal law breaking and environmental compliance is a crucial factor in designing more legitimate and effective governance regimes. How media narratives are constructed, by whom and in whose interests remains an important analytic question for the study of resistance to environmental law and policy around the world.     

The birth and death of a local initiative: Challenges of and lessons from the 'Bakassi' Vigilante Group in Southeastern Nigeria

Violent crime has plagued Nigerian society. It is in this context that some traders in the southeastern part of the country put together the Bakassi Boys—a security apparatus to parallel the Nigeria Police. The Bakassi attracted both praise and criticism. In this paper, I review the Bakassi phenomenon as a local initiative that tried to integrate elements of the traditional cosmology and ways of policing in response to the escalation of crime. The Bakassi being a child of crisis, there were flaws in their operation. By exploring the lessons that one can learn from the Bakassi experiment and outlining the challenges that it poses, one might hope to harness the lessons of a local initiative that failed in order to respond better to the socio-political issues that engineered its emergence.     

Governing sustainable cities

Boston's Chinatown is an urban community surrounded by businesses, a university, a large medical centre, and an area zoned for “adult entertainment” called the Combat Zone. The overall goal of this exploratory study was to examine the temporal and geographic distribution of street crime in Boston's Chinatown using police crime reports from the years 1988 to 2004. Crime patterns were most notably associated with the presence of the adult entertainment area, known as the Combat Zone. However, despite the decline of adult businesses over the study period, we saw small limited reduction in property and violent crimes, suggesting that the decline of these businesses did not lead to large-scale short-term (<5 years) reductions in crime.     

Patch-Scale Effects of Equine Disturbance on Arthropod Assemblages and Vegetation Structure in Subalpine Wetlands

Assessments of vertebrate disturbance to plant and animal assemblages often contrast grazed versus ungrazed meadows or other larger areas of usage, and this approach can be powerful. Random sampling of such habitats carries the potential, however, for smaller, more intensely affected patches to be missed and for other responses that are only revealed at smaller scales to also escape detection. We instead sampled arthropod assemblages and vegetation structure at the patch scale (400–900 m² patches) within subalpine wet meadows of Yosemite National Park (USA), with the goal of determining if there were fine-scale differences in magnitude and directionality of response at three levels of grazing intensity. Effects were both stronger and more nuanced than effects evidenced by previous random sampling of paired grazed and ungrazed meadows: (a) greater negative effects on vegetation structure and fauna in heavily used patches, but (b) some positive effects on fauna in lightly grazed patches, suggested by trends for mean richness and total and population abundances. Although assessment of disturbance at either patch or landscape scales should be appropriate, depending on the management question at hand, our patch-scale work demonstrated that there can be strong local effects on the ecology of these wetlands that may not be detected by comparing larger scale habitats.     

An assessment of long term ecosystem research activities across European socio-ecological gradients

Integration of European long term ecosystem research (LTER) would provide important support for the management of the pan-European environment and ecosystems, as well as international policy commitments. This does require appropriate coverage of Europe and standardised frameworks and research methods between countries. Emerging interest in socio-ecological systems prompted the present assessment of the distribution of LTER activities across European socio-ecological gradients. This paper presents a European stratification with a 1 km² resolution, delineating 48 broad socio-ecological regions. The dataset is based on an existing biogeophysical stratification constructed using multivariate clustering of mainly climatic variables and a newly developed socio-economic stratification based on an economic density indicator. The coverage of European LTER facilities across the socio-ecological gradients is tested using this dataset. The analysis shows two strong biases in the present LTER effort. Firstly, urban and disturbed regions are consistently under-represented, illustrating a bias for traditional ecological research away from human activity. Secondly, the Mediterranean, for which some of the most extreme global change impacts are projected, is receiving comparatively little attention. Both findings can help guide future investment in the European LTER network – and especially in a Long Term Socio-Ecological Research (LTSER) component– to provide a more balanced coverage. This will provide better scientific understanding of pan-European environmental concerns and support the management of natural resources and international policy commitments in the European Union.     

Measuring Suspended‐Sediment Concentration and Turbidity in the Middle Mississippi and Lower Missouri Rivers Using Landsat Data

The Middle Mississippi River (MMR) and lower Missouri River (MOR) provide critical navigation waterways, ecological habitat, and flood conveyance. They are also directly linked to processes affecting geomorphic and ecological conditions in the lower MR and Delta. For this study, a method was developed to measure suspended‐sediment concentration (SSC) and turbidity along the MMR and the lower MOR using Landsat imagery. Data from nine United States Geological Survey water‐quality monitoring stations were used to create a model‐development dataset and a model‐validation dataset. Concurrent gaging data were identified for available Landsat images to generate the datasets. Surface‐reflectance filters were developed to eliminate images with cirrus cloud coverage or vessel traffic. Using the filtered model‐development dataset, unique reflectance‐SSC and reflectance‐turbidity models were developed for three Landsat sensors: Landsat 8 Operational Land Imager, Landsat 7 Enhanced Thematic Mapper Plus, and Landsat 4–5 Thematic Mapper. Coefficient of determination values for the models ranged from 0.72 to 0.88 for the model‐development dataset. The model‐validation dataset was used to evaluate the performance of the models and had coefficient of determination values ranging from 0.62 to 0.79.     

Landfill diversion in a decentralized setting: A dynamic assessment of landfill taxes

We analyze the process of landfill diversion and its main determinants, by embedding the dynamics in a frame where economic, geographical and policy variables come into play. In addition to structural and economic drivers, we primarily investigate whether the Italian tax has been effective in supporting landfill diversion. Although the Italian landfill tax dates back to 1996, the oldest in the EU, its effectiveness in terms of landfill diversion has not been assessed yet. The complexity primarily derives from the decentralized regional implementation and the absence of a full coherent dataset covering all regions. We merge this new and original data on taxes to an integrated dataset which includes economic, waste and policy variables at regional level over the period 1999–2008. Panel regressions show that the effect of tax is significant, even when taking into account for its possible endogeneity. Regions that have increased such taxes have improved waste disposal performances over time. Landfill taxes are surely not the only instrument policy makers might introduce, but they seem to play a relevant role in the evolution of Italian waste disposal performances.     

城市犯罪问题中的非公共空间盲区微观环境分析

城市地域空间内部的各类空间盲区是城市犯罪事件构成要件中必不可少的环节,非公共空间作为城市内部最常见的一种空间表现形式,存在其中的盲区是城市犯罪问题中的关键点。非公共空间盲区的形成有赖于微观环境的广泛性和独特性,剖析根植其中不同的致盲因素,对预防犯罪问题的产生和遏制犯罪事件的发展有着至关重要的作用。     

Bidirectional visibility

The percentage of the cross-sectional area of two objects (e.g., vehicles, hikers, or animals) that can be seen from each of their locations in a forested area is generally not the same. There is a directionality to the visibility between them. This is due to the relative positions and sizes of the vegetation and other view-blocking features between the objects. An analytical technique has been developed to help understand bidirectional visibility. Its use entails the construction of a visibility diagram containing the basic visibility information between observers in a given setting. An example is presented showing the use of the visibility diagram to determine visibility between two moving observers in a forested environment. The diagram is also used to determine the differences in the percentage each observer has of the other's visible cross-sectional area (bidirectional visibility). A discussion of the application of the technique in the planning or development of new facilities, as well as in forest and wildlife management, is provided.     

A Quantitative Tool for Assessing the Integrity of Southern Coastal California Streams

We developed a benthic macroinvertebrate index of biological integrity (B-IBI) for the semiarid and populous southern California coastal region. Potential reference sites were screened from a pool of 275 sites, first with quantitative GIS landscape analysis at several spatial scales and then with local condition assessments (in-stream and riparian) that quantified stressors acting on study reaches. We screened 61 candidate metrics for inclusion in the B-IBI based on three criteria: sufficient range for scoring, responsiveness to watershed and reach-scale disturbance gradients, and minimal correlation with other responsive metrics. Final metrics included: percent collector-gatherer + collector-filterer individuals, percent noninsect taxa, percent tolerant taxa, Coleoptera richness, predator richness, percent intolerant individuals, and EPT richness. Three metrics had lower scores in chaparral reference sites than in mountain reference sites and were scored on separate scales in the B-IBI. Metrics were scored and assembled into a composite B-IBI, which was then divided into five roughly equal condition categories. PCA analysis was used to demonstrate that the B-IBI was sensitive to composite stressor gradients; we also confirmed that the B-IBI scores were not correlated with elevation, season, or watershed area. Application of the B-IBI to an independent validation dataset (69 sites) produced results congruent with the development dataset and a separate repeatability study at four sites in the region confirmed that the B-IBI scoring is precise. The SoCal B-IBI is an effective tool with strong performance characteristics and provides a practical means of evaluating biotic condition of streams in southern coastal California.     

论环境犯罪的构成要件

文章从环境犯罪的概念入手,进一步阐释环境犯罪的构成要件。通过对四个构成要件逐个剖析,对进一步完善环境刑法提出了自己的看法。     

Effects of signals of disorder on fear of crime in real and virtual environments

Despite the fact that virtual environments are increasingly deployed to study the relation between urban planning, physical and social disorder, and fear of crime, their ecological validity for this type of research has not been established. This study compares the effects of similar signs of public disorder (litter, warning signs, cameras, signs of vandalism and car burglary) in an urban neighborhood and in its virtual counterpart on the subjective perception of safety and livability of the neighborhood. Participants made a walking tour through either the real or the virtual neighborhood, which was either in an orderly (baseline) state or adorned with numerous signs of public disorder. During their tour they reported the signs of disorder they noticed and the degree to which each of these affected their emotional state and feelings of personal safety. After finishing their tour they appraised the perceived safety and livability of the environment. Both in the real and in the simulated urban neighborhood, signs of disorder evoked associations with social disorder. In all conditions, neglected greenery was spontaneously reported as a sign of disorder. Disorder did not inspire concern for personal safety in reality and in the virtual environment with a realistic soundscape. However, in the absence of sound disorder compromised perceived personal safety in the virtual environment. Signs of disorder were associated with negative emotions more frequently in the virtual environment than in its real-world counterpart, particularly in the absence of sound. Also, signs of disorder degraded the perceived livability of the virtual, but not of the real neighborhood. Hence, it appears that people focus more on details in a virtual environment than in reality. We conclude that both a correction for this focusing effect and realistic soundscapes are required to make virtual environments an appropriate medium for both etiological (e.g. the effects of signs of disorder on fear of crime) and intervention (e.g. CPTED) research.     

The dynamics of landfill diversion: Economic drivers, policy factors and spatial issues: Evidence from Italy using provincial panel data

Waste disposal is an issue that is becoming increasingly important in policy terms in the European Union, and in Italy, a country showing strong geographical heterogeneity in waste management. This paper analyses the process of decoupling/delinking between economic growth and landfilling trends in a framework where economic, policy, geographical elements and spatial issues are all considered as drivers behind the phenomenon. We exploit an original and very rich provincial panel dataset over 1999–2005 for the 103 Italian provinces. Evidence shows that the observed ‘absolute’ decoupling between economic growth and landfilling is driven by a mix of structural factors. Among the main factors, population density, more than the provincial income level, emerges as a crucial driver: local opportunity costs and landfill externalities matter in shaping waste policies and local commitment to a transition away from landfilling of waste (landfill diversion). However, not only structural factors are relevant. If on the one hand landfill taxes are not a significant driver of the phenomenon, waste management tools, such as separated collection for recycling, and the tariff system connected to waste services, bring about significant effect on the amount of landfilled waste. Moreover, regarding the analysis of spatial interrelations across provinces, we note that the presence of incinerators in nearby provinces increases landfill diversion, due probably to free riding behaviour or intra-provinces ‘agreements’ on waste management; this is not true for nearby landfill sites, that cause for a given province a strong lock in effect. Future research could strengthen the analysis of policy effectiveness at regional level, focusing on policy endogeneity, and the full investigation of spatial correlations in waste disposal performances.     

Security risks in nuclear waste management: Exceptionalism,opaqueness and vulnerability

This paper analyses some potential security risks, concerning terrorism or more mundane forms of crime, such as fraud, in management of nuclear waste using a PEST scan (of political, economic, social and technical issues) and some insights of criminologists on crime prevention. Nuclear waste arises as spent fuel from ongoing energy generation or other nuclear operations, operational contamination or emissions, and decommissioning of obsolescent facilities. In international and EU political contexts, nuclear waste management is a sensitive issue, regulated specifically as part of the nuclear industry as well as in terms of hazardous waste policies. The industry involves state, commercial and mixed public–private bodies. The social and cultural dimensions – risk, uncertainty, and future generations – resonate more deeply here than in any other aspect of waste management. The paper argues that certain tendencies in regulation of the industry, claimed to be justified on security grounds, are decreasing transparency and veracity of reporting, opening up invisible spaces for management frauds, and in doing allowing a culture of impunity in which more serious criminal or terrorist risks could arise. What is needed is analysis of this ‘exceptional’ industry in terms of the normal cannons of risk assessment – a task that this paper begins.     

Rates of environmental problem generation: Thoughts on a new research direction

Environmental scientists are continually discovering new and emerging environmental problems. There have been many studies of how a particular environmental problem has occurred, its costs to society, and its (potential) resolution. However, to date there have been few studies of the rate at which new environmental problems are generated by human technological innovations. In this note, I present a conceptual framework that will help quantify how many now-unknown problems we may expect to occur in a given sector. Two brief case studies illustrate the difficulty of finding appropriate dataset for fitting the full model, however. Policy implications of the conceptual framework are discussed, with different kinds of economic sectors requiring different approaches.