民事纠纷与经济犯罪交织现象的分析

随着经济的发展和新刑法的实施，经济犯罪数量增加，刑法调整和保护经济关系的力度加大，经济领域的犯罪化程度比过去大为增强。随之而来的问题是违法与犯罪，特别是民事纠纷与经济犯罪交织的现象日益突出，正确界定二者并适用相应法律予以调整的问题日益成为审判实践中的一个棘手而重大的课题。本文试图从目前司法实践中民事纠纷与经济犯罪交织的现状人手，对正确区分二者提供一些理性思考。…….     

片面共同犯罪理论之刍议

片面共同犯罪理论是刑法理论界争议较大的一个概念。立足于主客观相统一的基本立场,坚持罪刑法定的基本原则,较为系统的梳理了片面共犯的理论源起、学说争议,分析了片面共犯的性质,界定了片面共犯的概念、构成。在阐释共同犯罪本质的基础上,对片面共犯的处罚根据、责任分担进行再定位。     

The police,crime, and economic theory: A replication and extension

Based on insights garnered from rational choice theory, Loftin and McDowall hypothesize that there is likely to be a reciprocal relationship, over time, within jurisdictions between police force strength and crime. Contrary to expectations, their ARIMA analyses of the association between total police force employment and the total crime rate for Detriot during the period of 1926 to 1977 produce null findings. As a result, they conclude that rational choice models are too simplistic to explain the relationship between the agency size and crime. It is our contention that this conclusion might be premature. We suggest that a failure to disaggregate total police force employment into its component sectors may be masking substantial reciprocal effects. The present investigation employs ARIMA techniques to model the reciprocal relationship between total, patrol, and detective police employment and total, property, and personal, robbery crimes in Milwaukee for the years 1930 to 1987. Consistent with previous research we report null findings between total police employment and total crime rates. However, the findings also reveal significant reciprocal relationships between the disaggregated measures of police size and crime. The implications of these results for rational choice theory are discussed.     

Criminological theory and organizational crime

To understand the circumstances that lead to organizational crime, we need to consider the insights of strain theories on the distribution of legitimate and illegitimate opportunities, of labeling theory on the way stigmatization can foster criminal subculture formation, of subcultural theory as applied to organized business subcultures of resistance to regulation, and of control theory. It is contended that an integration of these perspectives into a theory of organizational crime is possible; a continuity can be established with the mainstream traditions of criminological theory in the domain of organizational crime. Thirteen propositions are advanced as a basis for building such an integrated theory. The key to this attempt as synthesis is the notion of differential shaming—the shaming from organizational cultures of compliance versus the shaming from subcultures of resistance to regulatory law.     

论经济犯罪的轻刑化

轻刑化是刑罚发展的总趋势。在这一趋势指引下,刑罚的设置和适用表现出比以前相对较轻的发展势态。本文以经济犯罪为切入点,探讨我国经济犯罪重刑化的表现和危害,分析了经济犯罪轻刑化依据,并对经济犯罪轻刑化的途径作了初步探索。     

A general theory of crime and computer crime: An empirical test

Computer crime has become a global issue and continues to rapidly grow; however, few studies had examined the applicability of a general theory of crime in explaining computer deviance. Using a panel of 2,751 Korean youths, the current study examined whether low self-control theory can be useful as a theoretical framework for explaining computer crime. The results indicated the applicability of low self-control theory in explaining both illegal download of software and illegal use of others’ personal identification online. Consistent with the theory's prediction, opportunity variables, especially hours of computer use, were found to be significant predictors of computer crime. The shortcomings of the current research and the directions for future research were discussed.     

The rate of surplus value and crime. A theoretical and empirical examination of Marxian economic theory and criminology

Radical criminology is often dismissed on the claim that it is not empirically verifiable. In this paper we argue that grounding the radical approach in Marx's theory of surplus values creates an empirically testable Marxian theory applicable to understanding rates of criminal offending and official responses to criminal behavior. Our analysis demonstrates that the rate of surplus value is a statistically significant predictor of the rate of property crimes known, property crime arrests, violent crimes known, violent crime arrests and total index crimes known to police in the U.S. from 1950 to 1974 controlling for the effects of predictor variables identified in earlier research on crime rates. The theoretical implications of this finding and the importance of the theory of surplus value to the development of radical criminology are also discussed.     

Race, economic inequality, and violent crime

The current study used data drawn from the National Incident-Based Reporting System (NIBRS) and the census to investigate the relationship between indicators of interracial and intraracial economic inequality and violent crime rates, including White-on-Black, White-on-White, Black-on-White, and Black-on-Black offenses. Multivariate regression results for ninety-one cities showed that while total inequality and intraracial inequality had no significant association with offending rates, interracial inequality was a strong predictor of the overall violent crime rate and the Black-on-Black crime rate. Overall, these results were interpreted as consistent with J.R. Blau and Blau's (1982) relative deprivation thesis, with secondary support for P.M. Blau's (1977) macrostructural theory of intergroup relations. The findings also helped to clarify the unresolved theoretical issue regarding which reference group was most important in triggering relative deprivation among Blacks. It appeared that prior studies were unable to find support for the relative deprivation thesis for Black crime rates because of data and methodological limitations.     

论侵略罪

长期以来,在国际法和国际刑法领域,关于侵略罪(crimes of aggression)的定性问题始终是困扰国际社会的现实问题,也是国际法和国际刑法学界长期论争的理论课题.     

犯罪周期浅探

犯罪周期现象,学名应为犯罪循环变动,是指犯罪现象的总体及若干罪种的数量在一定时期内比较稳定的涨落起伏以至循环往复.借助于统计学的处理技术,我们可从按月、年等单位连续编制的犯罪数据中看到明显的循环变动,这是否定之否定的辩证唯物主义规律在犯罪现象中的一种体现,具体由各种致罪因素对立统一的矛盾运动所决定.本文从理论与实际两个方面,初步证明犯罪周期是一种近乎规律性的盛衰交替变动,是犯罪运动的正常表现形式.犯罪周期理论的建立和运用对正确研判犯罪形势,修正与克服传统经验分析及定性研究中的错误与不足,探索与把握犯罪宏、微观规律,科学预测犯罪走向及解释犯罪数量变化原因具有重要的意义.     

经济犯罪原因剖析与预防对策研究

经济犯罪已经成为我国市场经济环境下频发的一种犯罪类型。任何犯罪都不是一个犯罪原因简单造成的,而经济犯罪更应从社会、人的本性以及经济运行机制等方面去分析;同时,对经济犯罪的预防也应该从整体、根本上着手,在预防手段的现代化、转变立法思想、建立诚信社会等方面打防并举。     

Friedman economic policies,social exclusion,and crime: toward a gendered left realist subcultural theory

Left realists contend that people lacking legitimate means of solving the problem of relative deprivation may come into contact with other frustrated disenfranchised people and form subcultures, which in turn, encourage criminal behaviors. Absent from this theory is an attempt to address how, today, subcultural development in North America and elsewhere is heavily shaped simultaneously by the recent destructive consequences of right-wing Friedman or Chicago School economic policies and marginalized men’s attempts to live up to the principles of hegemonic masculinity. The purpose of this paper, then, is to offer a new left realist theory that emphasizes the contribution of these two key determinants.     

The contributions of economic factors to female involvement in economic crime

Recent assessments of the causes of female criminality have been praised as signaling a turning away from the unfounded, sexist explanations of the past. However, new interpretations of the causes of female crime are not more likely to be rooted in empirical data than the explanations that focused solely on female biology. This paper examines new trends in the explanation of female economic crime as well as empirical data on the motivations and attributes of femole, economic offenders and suggests direction for future research.     

The impact of the wilson administration on economic crime rates

Previous research, based upon the interrupted time-series analysis of monthly data, has demonstrated that changes in the organizational structure of police departments produce short-term changes in the level of reported crime. The present study extends this literature by examining the independent effects of a change in hierarchical control (i.e., the appointment of O. W. Wilson as the new chief of the Chicago Police Department) and changes, over time, in the ecological structure of Chicago on reported rates of economic crime. The multivariate analyses indicate that the failure to take into account organizational change leads to model specification error. We conclude that longitudinal, within-jurisdictional research, based on the analysis of UCR data, must take into account changes in police bureaucracies that can affect the production of official counts of crime.     

质疑经侦“初查”制度

各地公安机关在经济犯罪侦查工作中普遍实行了"初查"制度,但该制度没有法律依据,具有一定的危害,没有实行的必要.应正确理解<刑事诉讼法>特别是刑事诉讼的立案条件,创建"立案后初查"制度,改"初查"为"侦查的初始阶段".