再论洗钱罪

目前,探讨洗钱罪的文章已经很多,但对洗钱罪至少还有三个问题需作进一步探讨:一是洗钱罪 的定义;二是洗钱罪的直接客体;三是洗钱罪的犯罪对象。     

非法经营罪调控范围的再思考——以《行政许可法》若干条款为基准

《行政许可法》的出台,为重新思考非法经营罪的调控范围提供了契机,具体可从行政许可法涉及的许可种类、确立的有限政府理念以及设定的许可依据等方面反思非法经营罪特别是兜底项“其他严重扰乱市场秩序的非法经营行为”的内涵与外延。只有那些违反国家规定中的特定主管机关行政许可、并由承担填补空白构成要件的规范性文件限定有刑罚后果的严重扰乱市场秩序的经营行为,方能以非法经营罪论处。     

Crime News Trends in Finland: A Review of Recent Research

In this article, we present findings of crime media research conducted in Finland during recent years. As this body of research has mainly been published in Finnish, the core results have not been available for international audiences until now. The amount of crime news reporting has consistently increased both in the newspapers and in television news broadcasts during the last decades. A series of representative surveys also show that the majority of people read and view crime news on a regular basis and are thus constantly exposed to these media messages. We conclude our article by contrasting crime news trends with the development of fear of crime in Finland, and by discussing possible links and explanations to the relationship.     

新闻犯罪的预防与抗制

新闻犯罪是伴随信息社会的到来所必然出现的社会问题,它的产生是由新闻工作者新闻法制观念的淡薄、新闻媒介和新闻记者地位的错位、正确价值观念的沦丧三方面所致.新闻犯罪具有主体特征、主观特征、客体特征及客观特征,打击并有效控制此类犯罪的必要途径是完善刑事立法、发挥刑法威慑作用并辅以法律、职业道德培训.     

Production Assets,News Opportunities,and Publicity for Legislators: A Study of Israeli Knesset Members

This study proposes a number of theoretical and methodological innovations in an attempt to better understand how legislators compete for media coverage. We make a distinction between those variables that determine the potential newsworthiness of a legislature (production assets) and those that are related to the political and media environment in which the legislators operate (news opportunities). We then put forth five hypotheses and test them by examining the political standing, charismatic communication skills, and radio exposure of 54 members of the Israeli Knesset. The results confirm that political standing and charismatic communication skills are important predictors of media exposure and that the relative importance of these factors changes during different political seasons.     

The Moral Mirror Image of Crime: A Comparison of Recorded Crime and Crime Recorded in Fiction

Moral and ethical aspects of crime are often ignored in most criminological research. In order to probe these two dimensions, crime recorded in fiction was compared with statistically recorded crime. Two hypotheses were tested: the first suggested that crime fiction portrayed the “reality” of actual statistics, while the second suggested that crime fiction was totally unrelated to crime statistics. Comparing data obtained from a North American literary journal and crime statistics obtained from a Canadian province, the results of the study supported the second hypothesis and indicated that crime fiction was totally unrelated to recorded statistics. Crime fiction seemed to represent a moral pacemaker of the perceived fears of the public, while crime statistics seem to represent the criminal pulse of society.

The negative correlation between fiction and recorded statistics is a significant find in that it indicates the reading public's preoccupation and fascination with a very small segment of criminal activity in society—an unrealistic fear of serious injury or death due to violent crime, far out of proportion with reality especially when impending doom is much more probable on the highways in automobile accidents.     

Crime Prevention,Crime Repression,and Policing: Attitudes of Police Recruits Towards Their Role in Crime Control

This article presents the initial results of a 5‐year longitudinal study of police officers’ attitudes about themselves, their profession, crime, and their role in society. The study sample was comprised of graduating classes at l'École Nationale de Police du Québec in 2003. Graduates completed an anonymous multiple choice questionnaire designed for a similar study conducted in the 1990s in France (Monjardet & Gorgeon, 1992, 1993, 1996, 1999). The complete study will track attitude change in these recruits over the first 5 years of their police careers. Results from the first year point to a change in officers’ attitudes resulting from the shock of actually working as police officers and the recruits’ preconceived notions of what police work would be like. Training and education could be adapted to better prepare police recruits for this transitional shock, including changes in mechanisms used to integrate recruits, improvements in police organizations, and increased organizational support for new members. We also suggest ways of identifying areas where continued education would improve the overall quality of police work.     

The Relation Between Crime News and Fear of Violence

In this article, we explore the relationship between the use of crime news and fear of violence through multivariate analyses. Our main objective is to examine whether exposure to crime news is related to avoidance behaviour and fear of crime when personal and vicarious victimization experiences, as well as a number of other relevant factors, are held constant. Using the 2003 sweep of the Finnish National Victimization Surveys, we focus on two types of crime news exposure: exposure to crime‐related tabloid headlines, and the scope of exposure to different sources of crime news. Our main finding is that reading tabloid front pages is associated with both avoidance behaviour and with higher levels of worry about becoming a victim of violence. We also found that people who expose themselves to many sources of crime news are more likely to fear violence. As an interesting by‐product of our analyses, we observed that being unemployed was quite strongly associated with fear of violence.     

Crime and Crime Control in an Age of Globalization: A Theoretical Dissection

This article examines theimpact of globalization on both crime and crimecontrol at the national and global levels. Tomake conceptual sense out of the transformingnature of these activities at the turn of the21st century, a threefold analysis ispresented: (1) an overview of the threetraditional developmental models of crime andcrime control – modernization, world system,and opportunity; (2) a characterization ofcrime and crime control in relationship to themore recently emerging models of globalization;and (3) a discussion of the implications of thedialectical relations between the models ofdevelopment and the models of globalization.Assessments of the models and other provisionalconclusions are drawn based on a survey of bothcrime and crime control in 15 developed,developing, and post-traditional nation-states.     

The Influence of Temporal Specification on the Identification of Crime Hot Spots for Program Evaluations: A Test of Longitudinal Stability in Crime Patterns

Journal of Quantitative Criminology - Longitudinal studies from the criminology of place suggest crime hot spots are repeatedly found in the same locations within cities over extended periods of...     

Crime,detection rate,and the police: A macro approach

Dutch criminality and its relation to the performance of police and justice have only recently been analyzed at the macro level (e.g., at the level of municipalities or the whole country). This type of approach is a useful supplement to analyses at the micro level (that of individuals), which are more common in Dutch empirical criminological research. The main results of such a macro approach are presented in this article. We conclude that the per capita numbers of youth, divorced people, and unemployed contribute significantly to the crime rate. The police strength and solving rates are important factors as well. Analysis of the production process of the police reveals that detecting one more case of driving under the influence is far more expensive than solving one more other crime or handling one more traffic accident. The results are combined to sketch a cost-benefit approach of different strategies in allocating more resources to the police. Allocating extra resources to solving more cases of vandalism gives the best cost-benefit ratio.     

Psychopathy and Violent Crime: A Prospective Study of the Influence of Socioeconomic Status and Ethnicity

The relationship between psychopathy and violence is well-established. However, few studies have examined the extent to which this relationship is influenced by sociodemographic predictors of violent criminality. In this prospective study we examine the power of psychopathy to predict criminal violence across ethnicity and levels of socioeconomic status in 199 European American and African American U.S. county jail inmates. A Psychopathy x SES x Ethnicity interaction was identified such that among European Americans psychopathy predicted recidivism at lower levels of SES but was unrelated to recidivism at higher levels of SES. The predictive power of psychopathy was relatively stable across SES among African Americans. The implications of our results for psychopathy and violence prediction are discussed.     

Unemployment, Economic Theory, and Property Crime: A Note on Measurement

Drawing on rational choice theory, this study considers how best to measureunemployment within the context of the unemployment–property crimerelationship. Specifically, we use ARIMA techniques to examine the relativeefficacy of using the conventional Bureau of Labor Statistics (BLS)unemployment rate and two alternative measures of the demand for labor aspredictors of monthly counts of U.S. property offenses for the years 1982through 1996. The bivariate time series analyses indicate that while theBLS unemployment rate exhibits null effects, the number of individualsunemployed for 15 weeks or more and the capacity utilization ratesignificantly affect the level of property crime. The implications ofthese results are discussed.     

On the Road to the Rule of Law: Crime, Crime Control, and Public Opinion in China

Since 1978, the Chinese reform policy has brought fast economic developments and social change but also considerably higher crime levels. China’s rapid modernization has resulted in a situation of increased opportunities and Durkheimian anomie. The Chinese government responds to the worsening crime situation with punitive criminal sanctions, especially under the ‘strike hard’ policy. However, a punitive crime control ideology and repressive criminal norms are neither effective in stopping the crime wave nor in compliance with the aim to establish the rule of law. After examining the negative effects the strike hard policy has brought to the Chinese criminal justice, we present findings from a recent web survey among Chinese students in Germany (N=ca. 900). We use these data to explore the punitive attitudes, esp. towards the death penalty, among the Chinese young elite.     

激励、效能、谦抑：二元化犯罪模式的法理审视

犯罪模式的选择过程及其难点，首先就是如何妥善处理好犯罪化与非犯罪化两者之间的关系，寻找它们之间的最佳平衡点。二元化犯罪模式在中国并非一个简单的刑法问题，而是具有独特价值的法理问题。对此“问题”认知过程中产生的法理分析既影响到有关犯罪标准的制定，又反过来形成了犯罪标准的理想模型。因此应从激励、效能、谦抑等方面全方位审视这一犯罪模式，实现该犯罪模式从危机到契机的转化，并警惕该犯罪模式带来的羊群效应。