再论计算机犯罪概念

犯罪学与刑法学都以犯罪作为主要的研究对象,但是由于两种学科的任务和目的不同,导致犯罪学与刑法学是两种不同的语言环境。计算机犯罪概念在犯罪学和刑法学的定义中也会存在较大的差异,此差异是目前计算机犯罪概念难以形成统一认识的最重要的原因。如果在犯罪学语境中定义计算机犯罪,那么计算机犯罪的外延包括以计算机作为犯罪对象的计算机犯罪和以计算机作为犯罪工具的计算机犯罪。     

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's analysis and to reflect upon the challenges raised by his insights into contemporary crime control. This revised version was published online in July 2006 with corrections to the Cover Date.     

历史·范式·结构:犯罪学中的风险开示

在20世纪末,风险已成为占据主要支配力的问题处理方式。对于犯罪学来说,关于风险的争论已经贯穿在研究的全部范畴内。犯罪学中的风险理论经历了从隐性到显性的知识发展。在犯罪控制范式转变中,风险的规制、维控与治理与犯罪的预防、控制与治理分别对应而形成了以回抗、维控、化解风险压力为导向的控制结构。同时,作为犯罪控制结构要素的控制主体、控制措施与控制客体的任一环节的自反性都将使犯罪控制的运行超出设计初衷而出现风险性。犯罪学中的风险理论是犯罪学与风险学科的交叉研究理论,也存在由于风险的不确定性在犯罪治理中的适用所引发的一系列争议性问题。由此,风险议题在解决我国司法实践难题时显得尤为重要。     

THE LAW OF CRIME CONCENTRATION AND THE CRIMINOLOGY OF PLACE*

According to Laub (2004), criminology has a developmental life course with specific turning points that allow for innovations in how we understand and respond to crime. I argue that criminology should take another turn in direction, focusing on microgeographic hot spots. By examining articles published in Criminology, I show that only marginal attention has been paid to this area of study to date—often termed the criminology of place. I illustrate the potential utility of a turning point by examining the law of crime concentration at place, which states that for a defined measure of crime at a specific microgeographic unit, the concentration of crime will fall within a narrow bandwidth of percentages for a defined cumulative proportion of crime. By providing the first cross‐city comparison of crime concentration using a common geographic unit, the same crime type, and examining a general crime measure, I find strong support for a law of crime concentration. I also show that crime concentration stays within a narrow bandwidth across time, despite strong volatility in crime incidents. By drawing from these findings, I identify several key research questions for future study. In conclusion, I argue that a focus on the criminology of place provides significant opportunity for young scholars and has great promise for advancing criminology as a science.     

证券犯罪主体特征的犯罪学分析

在客观环境基本相同的条件下,为什么只有少数人实施证券犯罪,为什么是这些人而不是其他人实施证券犯罪,这从刑法学犯罪构成的角度是难以回答的。而从犯罪学的视角看,则不难发现证券犯罪的主体在智能结构、需要结构和道德法律意识等方面均具有显著的特征,正是这些特征构成了证券犯罪的主观基础。     

刑事违法性之本土语境

刑事违法性与违法性是中外犯罪论体系不同语境下的特定概念。我国刑法理论中的刑事违法性是犯罪概念的一个特征,是犯罪构成的上位概念,相当于欧陆刑法理论中的形式的犯罪概念。违法性只是欧陆刑法犯罪成立条件之一。弄清这种区别对于完善我国刑法犯罪论体系的路径选择具有现实意义。应将正当行为纳入我国犯罪构成并使其作为消极要件。     

The importance of recidivism research in understanding criminal behavior

Robert Martinson believes that a new epoch in criminology research has arrived, “the essence of which is a change in the dependent variable from recidivism to crime rate (combined with cost).” However, no study or evaluation should be discounted simply because it measures recidivism as a parameter of criminality. If adhered to, the Martinson thesis could retard scientific inquiry and clog the normal processes of data generation and theory construction. The new epoch of criminology research will involve the construction and testing of higher-order theories derived from more basic facts and empirical generalizations.     

Experiencing violence in a cross-media environment: an interdisciplinary focus group study

Due to drastic changes in the contemporary media environment, criminology needs to examine how the experience of violence is shaped by the emerging cross-media context. We conducted a qualitative focus group study (N = 24) to explore conversations about mediated violence experiences and crime media literacy in Finland, which manifests as an advanced state of cross-media transformation. We found that the cross-media context affects how information on violence and crime is received, as people combine and contrast bits of information from traditional media, social media, alternative media, and direct personal and local knowledge. This constellation of information sources is a fertile ground for distrust, as people challenge the self-regulatory limits of ‘old media’ in reporting on crime and construe such limits as ‘downplaying’ violence. Consistent with the general ‘media-critical’ frame of mind, the interviewees saw crime news media as fear-inducing. Through a focus group of older participants (in addition to three groups of younger participants), we observed generational differences that reflect the dimension of change from the old monolithic media environment to the cross-media context. The new context blurs the distinction between media content and social network-based reception and is thus a game changer for media criminology.     

Social harm future(s): exploring the potential of the social harm approach

The notion of social harm has sporadically interested critical criminologists as an alternative to the concept of crime. In particular, it has been viewed as a means to widen the rather narrow approach to harm that criminology offers. More recently, the publication of Beyond Criminology: Taking Harm Seriously has renewed interest in the notion of social harm. The book asserted a number of very valid reasons for a social harm approach that provoked a number of interesting critical responses. The article seeks to respond to five recurring questions: Should the social harm perspective move beyond criminology? If so, where should the perspective locate itself? From this position, how will the perspective continue to engage within ‘law and order’ debates and address the concerns of those affected by crime? If the notion of crime is problematic, how will the perspective form an alternative definition of harm? Moreover, without a notion of crime and the accompanying concept of criminal intent, how would the perspective allocate responsibility for harm? The article is not offering definitive answers to these questions, but possible directions for the perspective’s future development.     

Public criminologies

Research Summary Public scholarship aspires to bring social science home to the individuals, communities, and institutions that are its focus of study. In particular, it seeks to narrow the yawning gap between public perceptions and the best available scientific evidence on issues of public concern. Yet nowhere is the gap between perceptions and evidence greater than in the study of crime. Here, we outline the prospects for a public criminology, conducting and disseminating research on crime, law, and deviance in dialogue with affected communities. We present historical data on the media discussion of criminology and sociology, and we outline the distinctive features of criminology—interdisciplinary, a subject matter that incites moral panics, and a practitioner base actively engaged in knowledge production—that push the boundaries of public scholarship. Policy Implications Discussions of public sociology have drawn a bright line separating policy work from professional, critical, and public scholarship. As the research and policy essays published in Criminology & Public Policy make clear, however, the best criminology often is conducted at the intersection of these domains. A vibrant public criminology will help to bring new voices to policy discussions while addressing common myths and misconceptions about crime.     

我国犯罪原因研究的现状与困境

在经历了早期的繁荣与发展之后,我国的犯罪原因研究一直进展缓慢,目前几乎陷入困境.主要表现在:犯罪原因理论的概念范畴含糊不清;实证研究方法极为匮乏;理论基础较为薄弱;中庸思想盛行;功能性目的性不明确等五个方面.如何突破困境,厘清对犯罪原因的科学认识,是摆在我国犯罪学研究者面前的重要课题.这就需要重视实证研究方法,摒弃中庸思想的不良影响,恢复犯罪原因研究的科学品性,建构犯罪原因研究与犯罪控制之间的桥梁.     

THE BIG PICTURE: 2010 PRESIDENTIAL ADDRESS TO THE AMERICAN SOCIETY OF CRIMINOLOGY*

Microanalysis holds sway over macroanalysis in contemporary criminology. All of criminology would be better off if greater attention were devoted to the big picture—the relationship between crime and the interplay of institutions in the social systems of whole societies. Microlevel researchers often assume that the reduction of individual criminal propensities leads ipso facto to reductions in aggregate crime rates, but the implied connection is illusive, has not been demonstrated, and is belied by the macroanalysis of crime. The perspectives, methods, and data of macrocriminology also need to be developed, however, if they are to advance our understanding of crime at the level of social systems. Emile Durkheim , Talcott Parsons , Karl Polanyi , and C. Wright Mills have contributed essential building blocks for the study of the big picture of crime. Improvements in the quality and timeliness of aggregate crime data, finally, are necessary to bolster the policy relevance of macrocriminology.     

Swedish quantitative criminology in the 1990s: A brief overview

Quantitative criminology research published in Sweden in the 1990s is reviewed and put in the context of major Swedish traditions in quantitative criminological research. Sweden has a strong tradition in sophisticated longitudinal and ecological research which continues into the 1990s. Other traditionally prominent areas of Swedish quantitative research include studies of crime trends, violence, and youth criminality. Traditionally Swedish quantitative criminology has been dominated by studies using official statistics and criminal records as data. In the 1990s there has been a significant upswing in survey studies, motivated partly by an increased interest in questions of etiology and crime prevention. More fundamental research on the causes of crime, including new longitudinal studies, and more evaluations of crime prevention initiatives are needed.     

Comparing cultures, comparing crime: Challenges, prospects and problems for a global criminology

Globalization will intensify contacts – and perhaps conflicts – betweencultures more than ever in the history of humankind. The flow of migrantsaround the world, global business and global consumption provide us withnew experiences of difference and diversity as well as of common ground.As in other social sciences, the concept of culture has recently emerged oncentre stage in criminology. Western criminologists look in awe to Asia, andtry to solve the enigma of modern, affluent societies with low ratesespecially of violent crimes. Asian criminologists warn of an impact ofWestern culture that might cause rising crime rates. Asian models of socialcontrol are studied and adopted in Australia, Europe and the US, and viceversa.Crime and social control are social and cultural phenomena. Therefore,comparing cultures and comparing crime will offer new insights, freshtheories and chances of innovative perspectives. What is to learn fromcultural differences, what from universals in crime and social control? Whatwill be the fate of ``general theories of crime'' in different cultures? Willpractices of criminal justice be efficient when transported to another socialand cultural environment?Criminologists should develop a clear notion of the problems that arerelated to comparing cultures and crime. Cultures are not monolithic.Cultural comparisons often suffer from exaggerations of differences, andproduce exaggerated predictions and expectations. On its way into theglobalized 21st century, criminology will have to develop strategies to meetthe challenge of comparing cultures, to avoid former errors, and to solvethe problems that lie ahead.     

BEYOND ADOLESCENCE‐LIMITED CRIMINOLOGY: CHOOSING OUR FUTURE—THE AMERICAN SOCIETY OF CRIMINOLOGY 2010 SUTHERLAND ADDRESS*

For over a half century, criminology has been dominated by a paradigm—adolescence‐limited criminology (ALC)—that has privileged the use of self‐report surveys of adolescents to test sociological theories of criminal behavior and has embraced the view that “nothing works” to control crime. Although ALC has created knowledge, opposed injustice, and advanced scholars’ careers, it has outlived its utility. The time has come for criminologists to choose a different future. Thus, a new paradigm is needed that is rooted in life‐course criminology, brings criminologists closer to offenders and to the crime event, prioritizes the organization of knowledge, and produces scientific knowledge that is capable of improving offenders’ lives and reducing crime.     

黑社会性质组织犯罪的经济分析

黑社会性质组织犯罪的本质特征在于以违法犯罪的手段对内进行人身控制,对外进行经济控制。要有效地惩罚和预防黑社会犯罪,必须提高黑社会性质组织犯罪的预期刑罚成本,提高由于刑罚带来的机会成本的损失,并且通过实施社会效益最大化的公共政策,争取以最小的成本,取得最大的控制犯罪的收益。     

恐怖主义犯罪的界定

恐怖主义犯罪的界定应当立足于犯罪学的角度 ,而不应限于刑法学或者政治学的范围 ;恐怖主义犯罪的目的具有层次性和多样性的特征 ,而不应锁定为纯粹的政治性目的 ;恐怖主义犯罪是有组织犯罪的一种表现形式 ,个人不能成为恐怖主义犯罪的主体 ;恐怖主义犯罪的手段不限于传统的暴力范围 ,而是日益呈现出高科技化的发展趋势 ;恐怖主义犯罪的袭击目标是特定的 ,但受害对象却具有广泛和不确定的特征。恐怖主义犯罪与恐怖犯罪、政治犯罪与黑社会性质犯罪等相近概念之间的界限有必要加以明确。     

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.     

Environmental crime and green criminology in South Eastern Europe—practice and research

All contemporary societies are facing environmental crime as one among many modern threats to the environment and human / animal life and this is due to the unlimited exploitation of natural resources and pollution. The aim of the present paper is to describe different responses to environmental crime and the development of green criminology in South Eastern Europe. In this region environmental crime occurs under the influence of social conditions and circumstances in which the environment is used as a source of resources for survival, as well as economic factors which mean the environment is used as a resource for profit. For countries in South Eastern Europe it is typical that environmental criminals change their modus operandi and adapt to new socio-economic circumstances, use different loopholes in legislation and exploit gaps in infrastructure and enforcement leading to committing environmental offences without being processed and punished. In many countries of South Eastern Europe green criminology is still in its nascent stages but is focusing on similar obstacles and challenges to those identified elsewhere, such as multi-disciplinarity, cooperation with the natural sciences, and responding to particularities in the region, such as pollution of marine and coastal ecosystems, hunting tourism, and organized crimes such as timber logging.