知识产权犯罪抗制对策论

随着信息时代的到来,网络膨胀了社会各方面的发展,知识经济潮头涌现。知识产权作为知识经济的生产力要素性财产权利受到社会的高度关注,知识产权犯罪作为知识经济的消极衍生物,达到了前所未有的滋生蔓延状态。知识产权犯罪的抗制应依据其特点:有组织化、国际化、科技化和专业化等,立足于其社会的政治经济文化以及个体的消极社会心理等各方面动因,探索正确的抗制方略,寻求有效的抗制措施以达到整合抗制系统的最优效果。     

Effect of emergency winter homeless shelters on property crime

Objective

To evaluate the effect of emergency winter homeless shelters on property crimes in the nearby communities.

Methods

Every winter between 2009 and 2016, the City of Vancouver, Canada opened shelters to protect the homeless from harsh winter conditions. The city opened 19 shelters, but only five to nine of them were open in any one winter. Using the variation in timing and placement of the shelters, we contrast crime rates in the surrounding areas when the shelters are open and closed.

Results

The presence of a shelter appears to cause property crime to increase by 56% within 100 m of that shelter, with thefts from vehicles, other thefts, and vandalism driving the increase. However, when a homeless shelter opened, rates of breaking and entering commercial establishments were 34% lower within 100 m of that shelter. The observed effects are concentrated close to shelters, within 400 m, and dissipate beyond 400 m. Consistent with a causal effect, we find a decreasing effect of shelters with increasing distance from the shelter.

Conclusions

While homeless shelters are a critical social service, in Vancouver, they appear to impact property crime in the surrounding community. Shelters may warrant greater security to control property crime, but the data suggest that any increase in security need not extend beyond 400 m, about two to three blocks, from the shelters.

     

Counterfeiting as corporate externality: intellectual property crime and global insecurity

Corporate negative externalities occur when corporations place some of the costs of their profit-seeking activity onto society. This paper suggests that the current global problem of intellectual property crime is such an externality, and that it has not been recognised as such because corporations present product counterfeiting and piracy as crimes which reduce their revenue, rather than as predictable side effects of corporate production and merchandising, including branding activity, which have considerable socially deleterious consequences. It is argued that corporate actors are responsible for the socially harmful effects of the global counterfeiting problem in the following respects. Branding, advertising, and other corporate activities drive the market for goods which have a fashion value over and above their use value. While corporations ‘create’ this desire, they cannot prevent it being applied to the desire for fake or replica goods. Outsourcing of corporate production activities to developing countries to take advantage of cheap manufacturing and labour costs presents considerable opportunities to producers in those countries to copy and distribute the goods in an unauthorised way. Serious measures are not taken against product counterfeiters by rights-holding corporations, since market expediency dictates that the costs of counterfeiting are not so adverse to corporations to incentivise them to change their business methods. Counterfeit and pirated goods cause a range of social harms above and beyond the spuriously-costed financial damage corporate rights-holders suggest they suffer - these include the health and safety issues created by some fake goods, and the creation and maintenance of highly profitable organised crime activity in international markets for fake goods.     

试述知识产权型犯罪的侦查技术

侦查技术不同于技术侦查,侧重于侦查过程中的技术分析和技巧应用。知识产权型犯罪是一类涉及专业技术术语和内容较强的犯罪,因此,不能局限于传统的查案方法。本文围绕知识产权型犯罪特点,从侦查过程的三个基本阶段探讨查案的一些技术规则和要领,以寻找侦查此类案件的捷径。     

Assessing temporal and weather influences on property crime in Beijing,China

Though the relationships between environment and crime have been studied a lot in many countries, this work is still a void in China. This work presents the study about how property crimes are influenced by the temporal and weather factors in China. With the crime data collected from police, the property crimes pattern by season of year, day of week and time of day are investigated firstly. Then the influence of the temporal variables—major holidays, school close days and weekends—and weather on the crimes are tested. The findings show that the robbery is significantly influenced by the temporal variables but has no correlations with weather, while burglary is not only affected by the temporal variables but also correlated with sun light hours.     

Area characteristics and regional variates as determinants of area property crime levels

This article seeks to examine the area characteristics that act as determinants of area property crime levels, namely, incidence and prevalence. The crime figures are extracted from the 1984 British Crime Survey. Area characteristics are taken from the 1981 UK census. Initial exploratory analysis considers the non-Gaussian nature of the crime data, the statistical implications of this, and the transformations used to overcome these problems. In addition, possible regional and inner-city/non-inner-city variations are considered. The later stages move from simple individual correlations to multiple regression models. Three regression models are considered and the reasons for refining these are explored, with the results indicating that both area characteristics and regional influences play a role as determinants of the area crime level. In particular, population density and the area population age profile have significant roles to play. The conclusions support the recent revival of the application of ecological concepts in the analysis of crime levels.     

Racial segregation and property crime: Examining the mediating effect of police strength

Research has not yet considered the relationship between property crime and segregation and the influence of police strength on the association of segregation and crime. To address these issues, this article examines the association of racial segregation with burglary, larceny, and motor vehicle theft for 1990. The results reveal that segregation is significantly and positively associated with all three measures of property crime. When data on police strength are introduced into the models, segregation-crime coefficients are significantly attenuated, and two are rendered nonsignificant, providing evidence that the segregation-property crime association is at least partly mediated through police strength.     

Modeling the longitudinal impact of legal sanctions on narcotics use and property crime

Structural equation models are used to confirm the suppressive effects of legal sanctions, e.g., probation and parole, on narcotics use and property crime. Both concurrent and longitudinal effects of legal sanctions are tested within two different models, which together span the entire addiction career. The findings indicate that (1) the suppressive effects of legal sanctions are evident only when legal sanctions are operationalized as parole or probation officer contact where urine monitoring is utilized; (2) only concurrent suppressive effects are statistically significant, and longitudinal suppressive effects are not; (3) both narcotics use and property crime are suppressed by legal sanctions, although the latter is less responsive than the former to intervention by the criminal justice system; and (4) suppressive effects tend to be more pronounced later in the addiction career. The significance of the findings and the implications for criminological theory related to issues regarding surveillance effects are emphasized.     

反思与重构--对巨额财产来源不明罪的再认识

巨额财产来源不明罪在理论界争议颇多,这固然与其立法的不周延有关,但澄清以下问题则有助 于纷争的解决,即该罪的本质并不在于行为人拥有差额巨大的财产本身,而在于其不能说明或拒 不说明的行为;该罪的举证责任也不存在倒置问题,是由司法机关和行为人共同承担的。     

An analysis of the relationship between probation caseloads and property crime rates in California counties

Each year more offenders are sentenced to probation than to any other sanction in the criminal justice system. In spite of the saliency of probation programs, the evidence is mixed concerning their effectiveness. In order to address this important gap in the research, the authors sought to determine if probation was effective in achieving one of its stated goals: protecting public safety. In doing so, they conducted a macro-level analysis, exploring the relationship between probation caseloads and property crime rates in each county in California over a nine-year period. Results from a two-way fixed effects regression model suggested that as probation loads increased, so did crime. While additional research into the effectiveness of probation is clearly needed, the results of the analysis nevertheless indicated that improvements in public safety could be expected if probation caseloads were reduced.     

Narcotics use,property crime,and dealing: Structural dynamics across the addiction career

Structural-equation modeling is used to test causal relationships between narcotics addiction and the associated cost-support activities of property crime and drug dealing across four critical periods of the addiction career. It is argued that structural-equation methodology yields greater insight into the causal dynamics of such activities than the typical methodologies of comparing means and proportions. Using structural coefficients of longitudinal models to infer causal relationships and stability, it is found that (1) dealing is often a predictor of future narcotics involvement; (2) narcotics use, property crime, and dealing are mutually interrelated during periods of elevated narcotics use and are not related during periods of reduced narcotics use; (3) dealing appears to be the most stable of the three variables, although narcotics use and property crime show appreciable stability as well; and (4) property crime and dealing appear to be inversely related to a moderate extent. The relevance of these findings to the understanding of the economic behavior of addicts during the initiation and cessation of addiction, relapse, and maturing out is discussed.     

Intellectual property and white-collar crime: report of issues,trends, and problems for future research

This research examines the association between intellectual property (IP) and whitecollar crime (WCC), and identifies future research that might benefit policymakers; federal, state, and local agencies; and the general public. Research methods include a review of literature, a review of information and data in IPR violations and WCC, and inquiry in areas that directly deal with IP laws and enforcement practices, such as law enforcement agencies, IP-based industries and private law firms.     

Examining the relationship between routine activities theory and social disorganization: An analysis of property crime victimization

A property crime victimization survey was conducted of households in both high and tow crime neighborhoods in one southern city. A response rate of 68.5% was obtained. The study tested the premises of both the routine activities and social disorganization theories as they contribute to the likelihood of property crime victimization at the individual level. It was found that routine activities theory explained 28% of the property crime variance in the socially disorganized area (high crime) while only explaining 11% of the same variance in the low crime area. Separate measurements were used to establish the level of social disorganization in the two geographical areas. The beta coefficients reveal that in the high crime area, those most likely to be property crime victims are white, single homeowners who are not at home from 6 p.m. to 11 p.m., who have relatives living in their neighborhoods, and who interact with their neighbors. These findings lend marginal support to the routine activities model.     

Taking crime out of crime business

It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same ways desired from the legitimate regulatory form. The main research direction deriving from the analysis of regulatory influences over specific criminal enterprises is how do certain critical market forces essentially facilitate criminal enterprise as a market phenomenon. This paper suggests how through comparatively analysing nominated critical market forces in the context of lucrative and recurrent criminal enterprises, common business decision-making may be predicted and thereby controlled beyond a law enforcement paradigm. In fact, the paper argues that when perverted law enforcement regulation operates as an inter-connecting market characteristic then it can have a similar influence over illegitimate enterprise that law enforcement may provide legitimate business.By establishing a richer and more enterprise-oriented understanding of crucial market variables, it becomes possible to refine control strategies at critical entry and exit points in the operation of clandestine crime businesses. The paper will challenge a comparative theorising of what makes crime business a good business, and how normative distinctions between illegitimate markets are made less convincing when positioned against an analysis of the interaction of critical market variables.     

Rural and agricultural crime

Thinking and research about crime have traditionally been urban centered. This focus has diverted attention from the study of other areas and has reduced general understanding of crime. The thesis advanced here, stated in the form of propositions for consideration, is that rural and agricultural crimes are fertile and significant areas for inquiry.