国际航空犯罪法人刑事责任及其国内立法转化研究

2010年《北京公约》和《北京议定书》首次规定了国际航空犯罪法人责任,法人责任以法人的高级管理人员代表法人实施劫持航空器等国际航空犯罪为要件,法人为此承担刑事、民事或行政责任。公约对法人犯罪及其责任的立法需要转化为国内法才能适用。世界各国国内法对法人犯罪及其责任的态度差别较大,英国、加拿大、法国等国刑法规定有航空犯罪的法人刑事责任,德国国内法规定有航空犯罪的法人行政责任,意大利刑法规定有航空犯罪的法人民事责任,我国仅在个别航空犯罪中规定有法人犯罪及其刑事责任。我国法人犯罪及其刑事责任的立法和理论具有较强的包容性,可在我国刑法中取消法人犯罪法定化限制,全面规定包括航空犯罪在内的法人犯罪及其刑事责任。     

Rights,women, and the state of Pakistan

Violence against women is a problem around the world. Addressing the issues of physical and sexual violence against women has been a complicated endeavor for criminologists. Much of the traditional criminological research on violence against women has frequently focused on rape as a crime of power between individuals. However, this framework has been expanded to incorporate the analysis of rape during times of war and rape as a state crime. In these cases, rape serves a broader purpose within the military and social structure. By focusing on the specific case of the gang rape of Mukhtar Mai, the goal of this paper was to demonstrate and analyze the role of the state in many of these crimes. Mukhtar Mai’s case should not be understood in isolation, but as a way to illuminate the role of the state in these numerous crimes.     

单位犯罪存在范围的批判性反思

市场经济的进一步发展催生出了更多的单位犯罪,我国1997年《刑法》正式将单位确定为犯罪主体,这对于打击单位犯罪具有里程碑式的意义。但是,由于立法层面上没有兼顾单位犯罪与自然人犯罪之间的逻辑平衡,加之刑法理论界相关研究的匮乏,导致在司法层面上对单位犯罪的认定各行其是,以致使得刑事司法难以应对诸多的新型单位犯罪。因此,针对单位犯罪研究与司法操作的混乱局面,深入探究单位犯罪与自然人犯罪的关系,进而全面思索刑事立法对于单位犯罪加以干预范围的明确化和视角转换问题,对于完善单位犯罪刑法规制体系具有立法和理论研究的必要性和前瞻性。     

Gender,Identity, and Accounts: How White Collar Offenders Do Gender When Making Sense of Their Crimes

When offenders are asked to explain their crimes, they typically portray themselves as decent people despite their wrongdoings. To be effective at managing the stigma of crime, motivational accounts must be believable to the social audience. Thus, variation in patterns of accounts is likely due to the social position of the actors. Here we examine whether gender constrains the way individuals describe their crimes by analyzing the motivational accounts of male and female white collar offenders. Results show that while men and women both elicit justifications when discussing their crimes, they do differ in the frequency with which they call forth specific accounts and in the rhetorical nature of these accounts. When accounting for their crime, white collar offenders draw on gendered themes to align their actions with cultural expectations of masculinity and femininity. These findings suggest that gender does constrain the accounts that are available to white collar offenders.     

国际犯罪的类型研究:回顾、反思与探寻

在理论研究的层面,国际犯罪的范围包括战争罪、侵略罪、危害人类罪等31种犯罪。在对这些国际犯罪进行类分时,根本立足点是国际犯罪,即以国际犯罪的自身特性为视角。由于国际犯罪是一定的主体所实施的严重危害国际社会共同利益,依据国际刑法应当承担刑事责任的行为,因此,在划分国际犯罪的基本类型时,可以采取如下几项标准:一是国际刑法的"两重性";二是国际犯罪的主体;三是国际犯罪的行为特征;四是国际犯罪侵害的法益。     

涉罪企业合规有效性标准研究——以A公司串通投标案为例

只有被证明是有效的合规计划,才能作为对涉罪企业从宽、免除处罚的事由,但合规有效性标准从合规诞生之日起就是个难解之题.从合规有效性标准的发展历程来看,经历了从技术性指标向文化指标转变的过程,合规有效性的核心标准是合规成为企业文化.与其问企业是否完成了合规计划的实施,不如问企业文化走向何方.奠定于卢曼的社会系统论基础之上的...     

国际犯罪与涉外犯罪、跨国犯罪关系辨析——以基础概念解析为进路

国际犯罪与涉外犯罪、跨国犯罪之间虽然在起源上具有不可磨灭的历史渊源,但它们在内容上并不具有同一或者包容关系,而是一种即相互交叉又彼此保持一定独立性的关系。只有当涉外犯罪、跨国犯罪具有"国际性"时,即它们的危害性达到国际刑法所要求的严重程度时,才能上升为国际犯罪。而在国际犯罪中,除了具有国际性的涉外犯罪和跨国犯罪外,还包括具有国际性的既不属于涉外犯罪又不属于跨国犯罪的单纯的国内犯罪。     

DISTRICT ATTORNEYS AND CORPORATE CRIME: SURVEYING THE PROSECUTORIAL GATEKEEPERS

A mail survey of California district attorneys regarding corporate crime focused on the recent experiences of the prosecutors with such crimes and on factors that limit the likelihood of their prosecuting corporate offenders. A significant majority of the district attorneys had prosecuted a variety of corporate crimes, and a sizable minority anticipated devoting more resources to corporate crime prosecutions in the future. There was a strong consensus among the district attorneys that the primary obstacle to corporate crime prosecutions is not political but practical and inheres in the level of resources available to them. Prosecutors in small districts were more constrained by the potential impact that a corporate prosecution might have on the local economy than their counterparts in large districts. This finding suggests that community context may influence social control responses to corporate lawbreakers.     

Race,ethnicity, and social change: The democratization of middle‐class crime*

Since the mid‐1970s, the percentage of non‐White people convicted of white‐collar type crimes in the federal judicial system has been growing steadily. In 2015, non‐Whites accounted for more than half of all convictions for certain white‐collar type crimes, but the increase in non‐White participation has not occurred evenly across all race and ethnic groups. Asians and Latinos have increased their participation in white‐collar crime more so than Blacks. Using data from the U.S. Sentencing Commission, the Equal Employment Opportunity Commission, and the U.S. Census, we investigate whether the differential increase among race and ethnic groups in white‐collar type crimes can be explained by their differential increase in middle‐class occupations. The findings have implications for opportunity, cultural, and race‐centered perspectives on crime, as well as institutional anomie theory, and they suggest that low‐level white‐collar crimes are being democratized along lines of race and ethnicity.     

Teaching Criminological Theory: The Power of Film and Music

Interest in utilizing pop culture as a means of teaching and enhancing students’ understanding of complex or abstract ideas in the classroom has increased over the course of the past decade. This includes the use of film, television, fiction books, the internet, and music. The fields of criminology and criminal justice have also increasingly noted the value of using such means to teach about atrocities such as state crime, transnational crime and corporate crimes as well as issues of inequality, racism, and classism. Film, music and television can also be great tools to enhance the understanding of and ability to apply criminological theory. Most articles that have focused on incorporating the use of a ‘popular criminology’ within the classroom, however, have concentrated on one form or another of ‘pop culture’ (i.e., film). This article seeks to add to the existing literature by providing an example of how the use of film combined with music can not only enhance undergraduate criminology and criminal justice students’ ability to grasp criminological theory and apply it in their everyday lives, but also can be utilized as tools for exams.     

Crime, economic conditions, social interactions and family heritage

This paper tests whether factors referring to socio-economic aspects, family heritage, social interaction, habits and customs explain differences among violent and non-violent prisoners. Some of the results of the probit estimation show that economic issues are the main factors that stimulate the practice of non-violent crime. On the other hand, violent crimes results suggest that factors related to family heritage reduce this kind of crime. In relation to variables of social interaction, prisoners who were brought up in a good neighborhood have a lower probability of committing violent crimes.     

Crime: The amount and disparity of sentencing – A comparison of corporate and occupational white collar criminals

Research carried out previously, aimed at examining differences in the length of the sentencing and type of offence, have typically compared white collar and street criminality. The main aim of the current study is to examine the differences in sentence length for white collar occupational and corporate offenders from street crime offenses and to identify which factors eventually could explain such differences. The crime amount was smaller in occupational convictions despite the fact that the average crime amount was significantly less in this group compared to the crime amount among corporate criminals. Socioeconomic status and company size were not found to be associated with the length of the sentence. We discuss whether the difference in length of the sentence could be explained by the fact that occupational crime is committed for the criminals' own purposes or enrichment, while this is often not the case among corporate criminals.     

To protect and collect: a nationwide study of profit-motivated police crime

This study is part of a larger research project on police crime in the United States. Police crimes are those criminal offenses committed by sworn law enforcement officers who have the general powers of arrest. Profit-motivated police crime involves officers who use their authority of position to engage in crime for personal gain. This study reports the findings on 1,591 cases where a law enforcement officer was arrested for one or more profit-motivated crimes during the seven-year period 2005–2011. The profit-motivated arrest cases involved 1,396 individual officers employed by 782 state, local, special, constable, and tribal law enforcement agencies located in 531 counties and independent cities in 47 states and the District of Columbia. Our data is the first systematic study of profit-motivated police crime. The study describes the nature of this form of police misconduct in terms of several dimensions, including the characteristics of police who perpetrate these crimes, where it occurs, the specific criminal charges, and the contexts within which profit-motivated police crime is punished through police agencies and the criminal courts.     

“Moral Panics” Deflected: The Failed Legislative Response to Canada’s Safety Crimes and Markets Fraud Legislation

This paper critically examines the enforcement, or lack thereof, of criminal laws relating to corporate crime. Using Canada's recently enacted corporate criminal liability (safety crimes) and markets fraud legislation as its empirical focus, it seeks to explain why these laws were introduced, only to fall into a state of virtual disuse. The authors explain how, in the wake of yet another crisis in capitalism, the state felt compelled to enact criminal laws to offset the abuses of corporate power in these two arenas. However, despite promises to 'get tough' on corporate crime, the enforcement of both laws has been sporadic and, in many respects, non-existent. The authors argue that both the passage and the ineffectiveness of Canada's safety crimes and markets fraud legislation can be traced to their shared Keynesian origins as responses to a crisis in neoclassical economics. In essence, both laws are caught-up in a tug-of-war between two opposing yet not incompatible visions of how best to regulate the capitalist marketplace. As a result, even if some corporations and corporate actors are held to legal account, the underlying causes of corporate crime, including the class-based exploitation that is fundamental to capitalism, remain untouched. The authors conclude by arguing for enforcement of corporate crime laws that recognizes the limits of this struggle and the necessity to stave-off capitalism's endemic harms.     

我国有组织犯罪企业化的路径及其表现分析

分析有组织犯罪企业化的过程和发展阶段,可以归纳出我国有组织犯罪企业化的两种基本路径,即有组织犯罪的企业化和企业的有组织犯罪化。有组织犯罪的企业化主要经历了暴力敛财积累原始资本、垄断非法行业形成稳定收入、设立企业向合法经济领域渗透和依托企业形成区域或行业垄断四个发展阶段。企业的有组织犯罪化主要有外在结合型和内生发展型两种类型,也要经历逐渐演变的渐变过程,即企业触黑化阶段、企业涉黑化阶段和企业纯黑化阶段。而在实现了企业化发展之后,有组织犯罪在组织管理、行为方式以及文化认同等方面皆呈现出明显的企业化特征:改变了对暴力手段的过分依赖,借鉴现代企业制度建立了分工明确、协调配合的组织结构,并根据需要设置了相应的职位、部门,呈现出企业化的组织管理模式;在运营机制、经营管理等方面表面与一般企业、公司无异,体现出明显的企业化特征和运作模式;以传统帮会文化和暴力文化为内在本质,以企业文化为外在表现,实现了帮会文化与企业文化相结合。     

监督文化、机制与官员腐败犯罪

触目惊心的官员腐败犯罪说明我国的监督机制亟待完善。我国监督文化存在的缺陷,使得监督官员腐败犯罪的氛围难以形成,并导致监督机制缺乏力度,反腐法网不严密,贪污贿赂犯罪机会多、成本低,法律对官员腐败犯罪缺乏应有的威慑作用。因此,必须采取中央主导型反腐败模式,建立高效、独立、权威的反腐专门机构;以法律形式确立公务员制度、财产申报制度、储蓄实名制度;制定专门的《反贪污贿赂法》,严密法网,堵塞漏洞,减少腐败犯罪的机会,提高犯罪成本。     

塞林文化冲突理论的分析与适用——以广州城中村农民工犯罪为视角

文化冲突论是美国著名犯罪学家塞林最具代表性之学术贡献,而广州市城中村外来农民工犯罪现象则为塞林文化冲突理论的分析与适用提供了一个极好的研究样本。拓展眼光,坚持运用多种视角整合性观测评价犯罪原因,将有助于使犯罪学理论达致即深刻又全面的理想性综合发展形态。     

Women and crime in contemporary China: a review essay

In the neoliberal West, while the growing awareness of women’s crimes in academic criminology has greatly extended our knowledge and understanding of the relation between women and crime, the growing visibility of female crime in popular culture brings with it a set of distinct problems that relate to the common misrepresentation of the actuality of female crime. In this article, we question whether similar trends can be identified elsewhere. We seek to address this question by focusing on female offending in China since the 1980s. Following a partial and preliminary account of female offending in this vast country, our attempt is to make some meaningful comparison and also to identify one or two key theories that might enable us to better understand the increased visibility of female offending in this non-“Western” country – one destined to play a much more active role in global culture and politics as the twenty-first century unfolds.     

The case of Bradley Manning: state victimization,realpolitik and WikiLeaks

While the case of WikiLeaks release of classified documents and its founder, Julian Assange, has garnered much popular attention, the formal social control reactions to the alleged involvement of Private First Class Bradley Manning has remained, relatively glaringly absent from the media, public and political discussions. Moreover, while scant criminological attention has been given to the extradition of Assange on sexual charges and the situation of WikiLeaks, there has been no analysis of the control mechanisms that were placed on Manning in an effort to cease the release of US documents and his activity as a whistle-blower. This examination fills this void by adding to the literature on states’ responses to whistle-blowers by highlighting states’ mechanisms including retaliation and redirection to obscure its criminality as well the theoretical framework of realpolitik. While realpolitik has been used previously to explain motivations for state crime, it has not been applied as an explanation for the implementation of controls. Not only is the preservation of state legitimacy and practices of realpolitik central to the reactions of the government to this case of whistle-blowing, but that the responses denied a presumption of innocence and have violated basic human rights tenants, the Uniform Code of Justice, the US Constitution, thus making this a case of state victimization.     

University students’ support to penalty enhancement for hate crime

Laws enabling penalty enhancement for crimes motivated by hostility or prejudice, i.e. hate crimes, have become common in many countries. However, laws as a measure against hate crimes have been contested, because their deterrent effect has gained none or little support in the (limited) literature, and they may be considered symbolic rather than deterrent. This study investigates attitudes towards penalty enhancement for hate crimes. Previous empirical investigations of this question are scarce. The material consists of a survey targeting nearly 3000 Swedish university students. Support for penalty enhancement for hate crime was moderate, shown by one third of the total sample. Results supported the premise that students belonging to a minority group, assumed to be at risk of hate crime victimization, agree to a higher extent of penalty enhancement than students belonging to the majority. Previous victimization experiences and worrying about being victimized were not significantly related to punitive attitudes. However, respondents who perceived the risk of victimization to be increased for minority groups in general were more likely to support penalty enhancement for hate crime. Findings should be confirmed in a nationally representative sample since the public’s perspective on the criminal justice system is important for understanding and dealing with the social problem of hate crime.