WOMEN'S PARTICIPATION IN CHINESE TRANSNATIONAL HUMAN SMUGGLING: A GENDERED MARKET PERSPECTIVE*

Despite extensive sociological research on gender and organizations, criminologists have paid insufficient attention to how organizational context and market demands may shape the extent and nature of women's participation in illicit enterprises. This study uses an organizational framework to examine the case of Chinese human smuggling to the United States. Drawing from interviews with 129 human smugglers, we propose a gendered market perspective for understanding the place of women in the human smuggling enterprise. We argue that the limited place of violence and turf as organizing features of human smuggling, the importance of interpersonal networks in defining and facilitating smuggling operations, gender ideologies about work and caregiving, and the impact of safety as an overriding concern for clients combine to create a more meaningful niche for women in human smuggling operations than is found in other criminal endeavors. Our research suggests that organizational and market contexts are significant explanations for gender stratification in illicit enterprises.     

The prosecution of Chinese organized crime groups: the Sister Ping case and its lessons

This article analyzes the investigation and prosecution of contemporary Chinese criminal organizations through the study of one major human smuggling case: the trial of “Sister Ping.” Data were obtained from media reports, court documents, and from interviews with parties familiar with the case. It is argued that modern human smuggling groups such as the one run by Sister Ping are informal and decentralized organizations against which the RICO statute may be of little use.

The Vodka Sea: Comparative History of Spirits Smuggling in the Baltic Sea

This paper examines the spirits smuggling in the Baltic Sea region in the inter-war period. On 1 June 1919 the Finnish Parliament passed the Prohibition Act forbidding the production, transportation, sale, and storage of alcohol which activated spirits smuggling to Finland. Large-scale spirits smuggling was arranged during Prohibition by criminal organizations through international networks. Mostly cheap German liquor was delivered to Nordic countries and to the United States. The representatives of organized crime in the Baltic Sea region became rich fast during Prohibition thanks to limits set by countries. Contemporary drug smuggling and spirits smuggling are comparable due to similar organizational structure and modus operandi.     

From Triads to snakeheads: organised crime and illegal migration within Britain's Chinese community

This article revisits the continued existence of organised crime within the Chinese community, with particular reference to snakeheads and the trafficking or smuggling of illegal migrants. This article begins by exploring the history of Chinese organised crime within the United Kingdom and situates its continued existence within an ever more diverse ‘Chinese community’. It then draws on research involving three sets of qualitative data: one set is based on 60 interviews with law enforcement personnel based in China and the United Kingdom as well as key stakeholders within the Chinese community; the other set is based on structured questionnaires issued to 25 Chinese residents currently illegally residing in the United Kingdom; the final set is a review of the five free Chinese newspapers analysed over a 2-week period for relevant advertisements relating to migration. It then explores the mechanisms which enable illegal migrants to obtain criminal employment and discusses the motivations of those involved.     

Trafficking in Nuclear Materials: Criminals and Terrorists

The essay examines the networks that facilitate the transport of nuclear materials from the source to their possible purchasers. Analyzing the role of prisons in criminal operations, the interaction of criminals and terrorists, and the character of new organized crime groups, the author concludes that some of the most serious nuclear smuggling is not random or opportunistic. Rather, the most serious trafficking is rarely detected because it is run by professionals whose well established smuggling networks, facilitated by corruption, have the capacity to move significant quantities of diverse contraband without apprehension. Technical solutions to address this problem are not sufficient because detectors cannot identify well guarded HEU. Rather, much more attention needs to be paid to the crime and terror networks that can facilitate this trade.     

The organizational structure of international drug smuggling

While most group offending is not well organized, it is generally assumed that high levels of organization can be found in group offending that generates revenue, such as white-collar crime, drug sales, and smuggling drugs or humans. The organizational structure of international drug smuggling has typically been viewed as highly rational and formally structured. Employing interviews with thirty-four federal prisoners convicted of smuggling large volumes of cocaine into the United States, this study explored the organizational structure of high level international drug smuggling. The subjects described a general lack of formal structure and depicted the drug smuggling operations as composed of isolated work groups without formal connections among each other. These findings bring into question the idea that these groups are rationally organized around pursuing efficiency and support recent research that suggests network security or minimizing risk are key organizing principles of drug trading organizations.     

Snakeheads,mules, and protective umbrellas: a review of current research on Chinese organized crime

China’s red-hot economy in recent decades has not only brought the country unprecedented wealth and political prominence in the world but also created ample opportunities for criminal enterprises to flourish. A review of recently published literature reveals that two types of transnational criminal activities – human smuggling and drug trafficking – received a fair amount of empirical attention in the research community. Other crimes, however, although carrying equally significant cross-national implications, have received scant attention. Thanks to a handful of empirical studies in recent years, the notion that traditional Chinese crime syndicates dominated transnational criminal activities has largely been dispelled. Most of those involved in transnational crimes (at least in human smuggling and drug trafficking) were found to be otherwise ordinary individuals who exploit their social or familial networks to take advantage of emerging opportunities. The criminal underworld in China appears to be growing along two separate tracks, with transnational organized crimes operating on one track and locally based criminal organizations on the other. Both groups of criminal entities are not known to cross paths in any systemic way. Research on Chinese organized crime (either locally based or transnational) has remained rather limited. Future research needs to emphasize empirical strategies to explore these and other pressing transnational criminal activities, as well as to solidify recent findings.     

两岸走私犯罪立法比较与借鉴——兼论走私犯罪类型化立法

走私罪是违反海关法律法规,逃避海关监管,偷逃应纳税款、逃避国家有关进出境的禁止性或者限制性管理规定,情节严重的行为。两岸立法分别采用刑法典和特别刑法的形式对走私犯罪进行了规定,但在走私犯罪成立标准上存在一定的差异。两岸走私犯罪立法基本上是以犯罪对象作为标准,体现了类型化立法的特点。但大陆刑法类型化立法不彻底,导致司法解释频繁。建议大陆刑法走私犯罪立法采用例示法,分别设立走私应税货物物品罪、走私限制进出境货物物品罪和走私禁止进出境货物物品罪,并通过发达之刑法解释确保罪刑法定原则的实现。     

Cigarette Smugglers: A Note on Four ‘Unusual Suspects’

The smuggling of contraband cigarettes is discussed in relation to numerous financial and social issues. Cigarette smugglers are often portrayed as ruthless and dangerous individuals, and according to official and media accounts a clear link has been established between cigarette smuggling and ‘criminal and terrorist organisations’. The aim of this article is to challenge this stereotypical image of the cigarette smugglers based on the presentation of the stories of four smugglers interviewed in Greece and the UK.     

Organized contraband smuggling and its enforcement in Canada: An assessment of the anti-smuggling initiative

This article provides an overview of contemporary cigarette and liquor smuggling affecting Canada and summarizes the results of research that evaluates a Federal enforcement program in this country entitled the Anti-Smuggling Initiative (ASI). To combat the escalation and increased organization of cigarette smuggling, the Canadian Government provided special funding to federal enforcement and prosecution agencies beginning in 1994. The program evaluation concluded that there was a substantial decrease in the contraband tobacco market as a result of the ASI initiatives; however, evidence suggests that reductions in Canadian cigarette taxes made during the same period were the most powerful policy tool in influencing cigarette smuggling. While the ASI laid the foundation for success in dismantling some of the largest known tobacco and liquor smuggling operations in Canada, it does not appear to have had a strong deterrent effect on organized smuggling in general. Instead, the impact on smuggling groups can more accurately be characterized as one of displacement. Indeed, history shows that early successes in organized crime enforcement are often followed by diminishing returns as criminal groups become more adaptive and sophisticated. This research concludes that to most effectively address the smuggling of legal goods, enforcement must be supplemented with taxation policies that reduce the financial viability and attractiveness of this trade.     

The networks of drug offenders

The serious drug and drug smuggling offenders active in Stockholm are linked by means of co-offending to other persons in large criminal networks. Within these networks, the individuals have large numbers of superficial and transient contacts with one another. It appears to be particularly important to have contacts with other drug offenders throughout Sweden, and particularly in the Skåne region. The majority of the convicted drug offenders have a Nordic background. The study indicates that dealers in the Stockholm area know drug smugglers in Sweden’s metropolitan areas. In their turn, the drug smugglers in the metropolitan areas have contacts with persons involved in the smuggling of other goods primarily in the county of Skåne. A large proportion of the persons included in the data set were suspected of committing drug offences and appear to be focused to some extent on drug offending and on offences involving one or two illicit substances. They also engage in other types of criminal activity to a large extent, however, and are thus not exclusively specialised in drug offending. Persons involved in serious drug crime, including drug smuggling, are often males in their thirties. These individuals often choose other males as co-offenders. It is generally common to commit drug offences together with co-offenders and the most criminally active individuals are also those with the largest numbers of co-offenders. The co-offending partnerships that commit drug offences are not particularly durable over time, however, and it is unusual for drug offenders to restrict themselves to committing offences with one and the same co-offender.     

当前边境地区走私、贩运毒品犯罪的特点研究

当前,受国际毒潮的影响,我国的毒品犯罪形势日趋严峻和复杂。而在毒品犯罪中,走私、贩运毒品犯罪占相当大的比 例。当前,边境地区的毒品犯罪呈现出策略灵活多变,雇佣贩毒突出,利用现代交通、通讯工具进行毒品的走私、贩运,人体藏匿毒品形 成新高潮等特点,需要予以重视。     

THE ELUSIVE RELATIONSHIP BETWEEN COMMUNITY ORGANIZATIONS AND CRIME: AN ASSESSMENT ACROSS DISADVANTAGED AREAS OF THE SOUTH BRONX

Several theoretical perspectives posit a negative association between the extent of a neighborhood's organizational infrastructure and crime; yet, empirical support for this proposition has been limited in that researchers generally examine only a few types of organizations or combine them into one aggregate measure. Studies with few measures may omit organizations that are effective at reducing crime, whereas those using aggregate measures obscure differences across organizations in their ability to control crime. Using data from 74 block groups in the South Bronx, NY, this research seeks to specify more clearly the relationship between organizations and crime in a disadvantaged urban environment. We examine the relationship among nine different types of organizations and violent and property crime controlling for prior crime, land use, and area sociodemographic characteristics. Consistent with theories that highlight the importance of organizations for establishing ties outside the neighborhood, we find that block groups with more organizations that bridge to the larger community experience a decrease in crime. Property crime also is reduced in block groups with more organizations that promote the well‐being of families and children. We find that schools are associated with an increase in property crime, whereas the effects of other organizations are context specific and vary based on neighborhood racial composition, commercial land use, and disadvantage.     

走私犯罪侦查启动程序研究

当前在走私犯罪侦查启动过程中,存在着到案措施难以落实、搜查功能难以发挥、案件经营难以开展、技侦手段难以运用等难点。究其原因就在于我国包括缉私侦查在内的侦查工作采用的是程序启动型模式,同时由于走私犯罪和缉私工作本身所具有的特点,使得缉私侦查启动工作更易陷入困境。为适应打击走私犯罪的需要,应当将程序启动型转为随机启动型侦查模式,同时对相关的配套措施予以完善。     

From tong war to organized crime: Revising the historical perception of violence in Chinatown

An analysis of New York City press accounts and official documents from 1894 to 1908 challenges many assumptions about Chinese organized crime in the United States. Contrary to conventional wisdom, this analysis provides strong evidence that Chinese organized crime is neither “emerging” nor “nontraditional” and that it predates, in structure and sophistication, organizations of other ethnic origins later recognized as “modern” organized crime by academics, the media, and the government. A qualitative, document-based case study of the first “tong war” between the Hip Sing Tong and the On Leong Tong (1899–1907) shows that both organizations were heavily involved in a multiethnic social system of organized crime that extended across the United States and to China itself. The turn-of-the-century tongs were involved with police and political corruption, labor racketeering, price fixing, prostitution, gambling, immigrant smuggling, slavery, drug trafficking, and violent crimes. They are still associated with these activities.     

Smoking Guns: European Cigarette Smuggling in the 1990’s

This article concerns European cigarette smuggling over the past decade and examines the actors, structures and relationships which facilitated the illicit trade. It discusses the central role played by actors not traditionally associated with organised crime, such as multi-national tobacco companies, Swiss banks and the state security agencies of various Balkan states. It demonstrates how domestic legislation in Switzerland and instability in the Balkans prevented national law enforcement agencies from effectively dealing with this international network at an earlier stage. The article also focuses on the history of local and national law enforcement investigations as well as the integrated multi-national investigation project later initiated by the EU and member states. The article's conclusions suggest that while smuggling actors have successfully adapted to the process of globalisation – financial and state deregulation – law enforcement agencies remain at a disadvantage as they are hampered by the domestic legislation in nation states such as Switzerland and the United States. While cigarette smuggling was and is a major illicit industry, it has not been the subject of much academic scrutiny. This article, based on field research in the Balkans and EU member states aims to contribute to a broader understanding of a problem involving a multiplicity of criminal actors, states and law enforcement agencies.     

Out of Africa: The human trade between Libya and Lampedusa

Smuggling and trafficking in persons is ipso facto illegal. Is this criminal activity organised or diffuse? Recent objective indicators show that between 2000-2005 the reported incidence of people trafficking and smuggling from North Africa to Europe has escalated. The article examines the nature of criminality involved in people smuggling and trafficking with specific reference to the sea route between Libya and the Italian island of Lampedusa, 180 miles north of the Libyan coast. In 2006 almost 19,000 illegal migrants arrived on this small island. Recent major operations conducted by the Italian anti-mafia unit and the state police suggest transnational criminal organisation of the trade. The networks involved in this trade, however, do not conform to mafia-like hierarchical organisations but rather smaller, more complex and fluid criminal networks. The article aims to cast light on how people are smuggled and trafficked. The background to the rise in illegal immigration from Libya is sketched underlining the ‘push’ and ‘pull’ factors involved in the human trade. The article’s chief objective is to provide a greater understanding of the mechanisms and processes involved in smuggling/trafficking. A better knowledge of the processes involved is vital if domestic, regional and international authorities and bodies are to counter the practice and/or to formalise it.     

中日有组织犯罪的暴力化特征比较分析

暴力化是有组织犯罪的重要特征之一。犯罪组织需要利用暴力维系内部秩序,对抗外部压制,并直接获取利益或作为获取利益的依托。中国目前的黑社会性质组织更倾向于直接诉诸暴力以解决问题,但以暴力作为威慑手段的犯罪组织也开始出现,与之相对,日本暴力团对暴力的运用更具两极化,其手段、目的也更为丰富。     

“关税—走私联动说”质疑──从走私涨消规律看转变海关工作方针的必然性

中国历史上曾数次出现过走私势头涨消的情况。有人因此提出“关税—走私联动说”,认为关税的高低是走私涨消的主要原因。作者对此提出质疑,认为走私涨消的关键在于“缉私效能”上。