金融欺诈犯罪概念之提倡

从概念外延来看,金融欺诈犯罪包括金融诈骗罪和虚假陈述型金融欺诈犯罪,这种界分肇端于古罗马法中的“诈欺”。从犯罪所侵害法益的属性来看,金融诈骗罪应当属于财产型犯罪;虚假陈述型金融欺诈犯罪应当属于破坏金融交易秩序的犯罪。从立法体系来看,我国金融诈骗罪应当借鉴《日本刑法典》的立法模式,规定在诈骗罪之下;虚假陈述型金融欺诈犯罪应当从《刑法》第三章第四节中分离出来,单独成立一节,名为“破坏金融交易秩序罪”。     

Orwell and the Oligarchs: George Orwell Memorial Lecture, 26 November 2010

The unique quality of George Orwell's political journalism is to force us to examine not just the utterances of our opponents, but what we say ourselves, in particular how we deceive ourselves as well as deceiving others. What would Orwell diagnose as our major self‐deception if he were alive today? Orwell was much taken with James Burnham's 1941 bestseller The Managerial Society. He agreed with Burnham that the predominant drift in modern society was towards oligarchy, and not towards democracy as we like to flatter ourselves. Whether in business or politics, decisions today rest in fewer hands. Power is concentrated, not dispersed. As in Russia, the emerging system enables oligarchs to collar a disproportionate share of the rewards. Management becomes a self‐remunerating elite. Inequality of income increases sharply as a result. Oligarchy is a perversion of liberal capitalism and not a natural development of it. It can be reversed. The Coalition government has set out in a liberal and localist direction. It remains to be seen whether these promising signs will develop into a sustained and effective programme.     

An Empirical Test of the Behaviour Analysis Interview

The present experiment is the first empirical test of the Behaviour Analysis Interview (BAI), an interview technique developed by F. E. Inbau, J. E. Reid, J. P. Buckley, & B. C. Jayne (2001) designed to evoke different verbal and non-verbal responses from liars and truth-tellers. Inbau et al. expect liars to be less helpful than truth-tellers in investigations and to exhibit more nervous behaviours. Just the opposite predictions, however, follow from the deception literature, which notes that liars take their credibility less for granted and are therefore more aware of their responses and their impact on others. This suggests that liars' answers should be more helpful than truth-tellers' answers, and liars' non-verbal responses should appear more relaxed than truth-tellers' non-verbal responses. In the present experiment, 40 participants (undergraduate students) lied or told the truth about an event during a BAI interview. The interviews were coded according to Inbau et al.'s guidelines. The results showed that, compared to liars, truth-tellers (a) were more naive and evasive when explaining the purpose of the interview, and (b) were less likely to name someone who they felt certain did not commit the crime. Truth-tellers also exhibited more nervous behaviours. The results were consistent with the predictions of the deception literature, and directly opposed to the predictions of BAI.