政府犯罪：研究国家国际犯罪的新视角

基于国际社会面对"国家犯罪"与国家刑事责任的争论,简要介绍政府犯罪观念产生的背景、初步概念、独立性及政府刑事责任双罚制;着重分析政府犯罪与国家犯罪的关系;得出尽管政府在国家不法行为和国际犯罪中扮演重要的角色,但政府犯罪不能完全等同于国家犯罪这一结论.在现有的国家责任体系中,建立政府刑事责任制度,具有法理和实践层面的可行性,符合国际社会现实状况.     

State Crime: The North Korean Drug Trade

At least 50 documented incidents in more than 20 countries around the world, many involving arrest or detention of North Korean diplomats, link North Korea to drug trafficking. Such events, in the context of ongoing, credible, but unproven, allegations of large-scale state sponsorship of drug production and trafficking (especially heroin and methamphetamines), raise important issues for the global community in combating international drug trafficking. Rather than simply the activities of mercenary and corrupt individuals within the North Korean elite, the trafficking appears to be the result of a strategy initiated at the highest levels, directed through the shadowy organisation known as Bureau 39. As the DPRK's drug trade becomes increasingly entrenched, and arguably decentralised, analysts question whether the Pyongyang regime (or any subsequent government) would have the ability to restrain such activity, should it so desire.     

Queering State Crime Theory: The State,Civil Society and Marginalization

This article argues that criminology desperately needs to look at the ways in which states marginalize and persecute lesbian, gay, bisexual, trans* and queer (LGBTQ) identities. It critically examines the ways in which states reproduce hegemonic dictates that privilege those who adhere to gendered heterosexual norms over all others. This article further considers how the application of state crime theories, in particular Michalowski’s (State crime in the global age, pp. 13–30, Devon, Willan, 2010) tripartite framework, might further foreground the responsibility of the state in protecting LGBTQ identities. Examples of how this framework could be applied are given, with the case study of criminalization of same sex relations being focused on in depth. The article concludes by positing four key points to be considered in any analysis that attempts to critique the role of the state in the perpetuation of heterosexual hegemony.     

侵犯著作权罪之犯罪未遂形态研究

侵犯著作权罪属于行为犯、情节犯.作为有自身特殊性的侵犯著作权罪存在犯罪未遂形态,但必须在修正后的"情节严重"前提下进行认定.侵犯著作权罪规制了四种可以对应于著作权法的实行行为:复制行为、发行行为、出租行为与信息网络传播行为.可以依据著作权法的理解来认定这四种实行行为的"着手"与"未得逞",从而认定其犯罪未遂形态.     

White and Mexican Heritage Elders' Crime Victimization Perspectives

Abstract

Prior research on the fear of crime among the elderly has shown that elders are more afraid of being a victim of crime than are younger persons and that such fears may vary depending upon where people reside. This study compares the level of fear of criminal victimization of elders living in three adjacent southwestern communities. White elders live in an age-restricted community within two of the studied communities. The third community is not age-restricted, and the elders who reside there are primarily of Mexican heritage. This study found that Mexican heritage elders expressed more fears associated with crime and victimization than did white elders. In studying gender differences, this study found no significant differences between the expressed level of fear of crime between male and female respondents. Nonetheless, most elders will undertake a variety of reasonable measures to protect themselves when they are home or go out, a finding that is consistent with previous research that studied white elders.     

Toward a Victimology of State Crime

State crimes have been studied by criminologists for nearly three decades. While far from stagnant, research and theory in this area of criminology have not developed at the pace one may have expected a decade ago. In an attempt to rejuvenate the study of state crime, we first identify and review the various types of victims and victimizers of state crime identified in the criminological literature. By employing a previously created typology of state crime, we discuss how individuals and groups of individuals can be identified as state crime victims in both domestic and international contexts. We then highlight the common themes involved in the victimizations, and offer six inductively generated propositions intended to facilitate future developments in the victimology of state crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

Law,the State,and the Dialectics of State Crime

Drawing on material from a study of civil society and state crime in six countries, this article reflects on two themes from Chambliss’s work: the debate between state-centred and more pluralistic views of law, and the “dialectical” approach to the analysis of state crime. It argues for a more pluralistic approach to law than Chambliss and Seidman adopted in Law Order and Power, along with a broader approach to the definition of state crime as a form of deviant behaviour. Case studies from the civil society research illustrate how the strategies adopted by organizations challenging state practices can be understood in terms of an interplay between different forms of law. With some qualifications, we support Chambliss’s dialectical approach, and attempt to clarify just what the term “dialectical” means. Finally we bring together the two strands of the argument to propose an approach to state crime founded on “dialectical legal pluralism”.     

Malingering by Proxy: A Literature Review and Current Perspectives

Malingering by proxy (MAL‐BP) is a form of maltreatment that involves a caregiver who fabricates or induces signs or symptoms in a child, dependent adult, or pet in pursuit of external, tangible incentives. Rarely studied, MAL‐BP has an unknown prevalence, and is a challenging diagnosis for healthcare professionals. Therefore, a comprehensive computer literature search and review was conducted. The review uncovered a total of sixteen case reports of MAL‐BP (eleven human, five veterinary). The motive for malingering was financial in all human cases and medication‐seeking in all veterinary cases. Although the strategies employed differed among the identified cases, common themes regarding the best approach to identification of MAL‐BP cases became evident. A comprehensive workup including a thorough history, physical examination, appropriate neuropsychological testing, and relevant collateral information forms the basis of an effective identification strategy. The optimal method of management is currently unclear due to a relative paucity of data and guidelines. However, management of these cases would likely include a team‐based approach with a prudent assessment of safety for the proxy and a low threshold for referral to appropriate services. Long‐term follow‐up is essential and should be approached from a biopsychosocial perspective. Attention, research, and guidance on this topic are needed to develop further evidence‐based guidelines for the identification and management of MAL‐BP.     

Oil, Rape and State Crime in Nigeria

This case study seeks first to explore the culpability of the state of Nigeria in regards to recent allegations of rape and sexual torture by security forces and, secondly, to question why these rapes continue to occur despite Nigeria’s responsibility to address them. Though exact rates of violence are impossible to ascertain, reports by the media and various non-governmental organizations describe the widespread abuse of women, specifically at the hands of military officials. Evidence suggests that, by failing to respond appropriately to these acts of violence, the state of Nigeria is in direct violation of international law. Moreover, the decentralized nature of the Nigerian legal system creates an environment in which those Nigerian laws that do address rape and/or torture are rendered ineffective. This paper argues that what is happening in Nigeria does in fact constitute a state crime and, thus far, has not received appropriate attention from the International Criminal Court, to which Nigeria is a party, or the international community at large. As no action has yet been taken, we consider the factors that create an environment in which international and national punitive measures, as they are currently practiced, are ineffective.

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Shifting Perspectives: Cognitive Changes Mediate the Impact of Romantic Relationships on Desistance from Crime

Although research regarding the impact of marriage on desistance is important, most romantic relationships during early adulthood, the period in the life course when involvement in criminal offending is relatively high, do not involve marriage. Using the internal moderator approach, we tested hypotheses regarding the impact of non-marital romantic relationships on desistance using longitudinal data from a sample of approximately 600 African American young adults. The results largely supported the study hypotheses. We found no significant association between simply being in a romantic relationship and desistance from offending. On the other hand, for both males and females quality of romantic relationship was rather strongly associated with desistance. Partner antisociality only influenced the offending of females. Much of the effect of quality of romantic relationship on desistance was mediated by a reduction in commitment to a criminogenic knowledge structure (a hostile view of people and relationships, concern with immediate gratification, and cynical view of conduct norms). The mediating effect of change in affiliation with deviant peers was not significant once the contribution of criminogenic knowledge structure was taken into account. The findings are discussed in terms of social control and cognitive accounts of the mechanisms whereby romantic relationships influence desistance.     

State Aid and Taxation of Transnational Companies: A Study of State-Corporate Crime

This study examines the taxation of transnational companies from the perspective of state-corporate crime. As in Sutherland’s pioneering study on white-collar crime, the author relies, in this case, on administrative decisions issued by the European Commissioner for Competition regarding Fiat and Starbucks. According to the Commissioner, the tax advisors of these organizations prepared and submitted special tax rulings on behalf of their clients that were granted by the Luxembourg and Dutch tax authorities, respectively. However, these tax rulings were considered illegal under European law, as they constitute state aid. Therefore, the Commissioner fined Fiat and Starbucks. In this inquiry, state aid from tax rulings is conceived as a process of capital accumulation that arises from states’ regimes of permission based on the interactions between public sector and private sector actors. Thus, an observable symbiosis between tax authorities and transnational companies allowed the latter to use tax regulations in a manipulative way, while the former exercised weak/undue control. This study also unveiled the criminogenic role of tax advisors, an industry that is rarely held accountable for their actions.