金融系统职务犯罪预防探讨

目前,随着我国金融业的不断发展壮大,金融界的职务犯罪案件越来越频繁。本文深入剖析了当前金融系统职务犯罪的特点和主要成因,提出了预防金融系统职务犯罪的一些有针对性的对策措施。     

THE PREVENTION OF FINANCIAL CRIME WITHIN AN ISLAMIC LEGAL FRAMEWORK1

The risks associated with financial crime threaten to undermine the stability of the international financial system. This paper explores the Islamic legal approach to the prevention of financial crime and how this can be integrated into international regulatory frameworks.     

FIGHTING FINANCIAL CRIME: A UK PERSPECTIVE

Financial crime has a devastating impact on individuals, companies and governments. Traditional methods of control, predominantly investigation and prosecution, have failed to abate the rise of both fraud and money laundering offences. Tackling financial crime is best approached from the perspective of prevention, an activity that requires co-operation between all those affected by this widespread and corrosive social problem.     

会计信息不对称密码的破解

为遏制现金犯罪和财务造假,我国政府有关部门从法规层面、制度层面和政策层面采取了大量措施,但效果并不显著。从机制层面寻求突破不失为一种现实有效的选择。根据多年会计实务经验和高校会计教学体会,提出全面引入ERP系统,并通过"394工程"对ERP模拟手工的设计思路进行改进和机制控制,实现公司内部信息对称,以支撑对外披露的客观真实,从而遏制财务造假和现金犯罪。     

浅析金融机构如何防范化解案件风险

本文以近年来银行业案件高发为切入点,全面阐述了当前金融机构案件防控所面临的形势,深入剖析了金融机构案件风险原因,并在此基础上提出了遏制案件发生的一些建议。     

THE RECENT REGULATORY RESPONSE TO CORPORATE ECONOMIC CRIME IN THE UNITED STATES: OBSERVATIONS AND COMMENTS

Corporate economic crime, including accounting and auditing fraud and inappropriate behaviour by directors on the boards of US corporations, has resulted in stockholder financial losses and the loss of confidence in investing in the US stock market. We observe the modern corporation with its absentee ownership and professional management team and discuss its inherent incentives to commit management crime. In spite of financial reporting, audits and the use of boards of directors to represent stockholders, management misbehaviour persists. We conclude that the failure of these potential remedies is due to a lack of independence from management in their execution. We comment on some of the provisions of the Sarbanes–Oxley Act, enacted in 2002, and their potential to mitigate some of these conflict of interest conditions.     

加强财务管理 提高经营效益

会计在经济管理中起着重要的作用,是企业管理的中心环节,是一切经济管理活动的基础,加强和规范财务管理,堵塞管理中的漏洞,对于预防经济犯罪,防止企业效益流失显得非常重要。     

论注册会计师的反洗钱义务

随着金融系统防范洗钱犯罪措施的加强,注册会计师被犯罪分子利用而卷入洗钱犯罪活动的现象时有出现。本文在对洗钱犯罪利用专业人员新趋势进行分析的基础上,论述了注册会计师承担反洗钱义务的必要性,探讨了注册会计师承担反洗钱义务的困难,提出了注册会计师承担反洗钱义务的解决途径。     

会计信息对称的一般研究

自美国加州大学乔治·阿克尔洛夫因研究信息不对称理论获得2001年诺贝尔经济学奖以来,管理理论都以信息不对称为研究假设。在实践中,因为会计信息不对称发生了大量现金犯罪和财务造假。为什么会计信息会不对称?学者们在理论上是如何论述的?有关部门在实务上又是如何治理的?论文以现金犯罪和财务造假为研究背景,以前人已有成果为研究参考,对学术界的研究动态和有关部门的治理举措进行了梳理,并提出了破解信息不对称难题的基本思路。     

Exploring the determinants of anti-mafia entrepreneurial behaviour: an empirical study on southern Italian SMEs

This study analyses organized crime from an economic perspective and highlights the crucial role of extortion in mafia activities. From an economic viewpoint, we debate the conditions that lead companies to resist mafia extortion. To study the reactions of firms to extortion, we adopt an institutional perspective and consider the contribution of different theories in the socially responsible behaviour and organized crime literature, in an attempt to understand this complex entrepreneurial behaviour better. A sample of 116 southern Italian SMEs, whose entrepreneurs have publicly opposed mafia extortion, was selected. By adopting a matched-pair design, anti-mafia firms were subsequently matched against a control sample. Determinants of anti-mafia behaviour were investigated by using both unconditional and conditional logistic regression models, in order to regress the anti-mafia choice on a set of economic, demographic, governance, and control variables. The results show that both financial and governance variables are significant determinants of anti-mafia entrepreneurial behaviour (AEB), whereas demographic variables are not relevant.     

Optimal expenditures on police protection

The object of this paper is to propose an approach for operationalizing Rubin's (Minimizing Harm: a New Crime Policy for modern America, Westview Press, Boulder, CO, 1999) idea that minimizing harm is a solution to the crime policy conundrum. Harm is defined to be the total cost of damages due to crime plus the cost of police protection. Its minimization determines optimal expenditures for protection. This is an appropriate basis for specifying the optimal size of a police force, and provides a term of reference for actual policy decisions. Data for the states of the US are used to make the presentation more concrete and to clarify some of the problems that must be solved in actual applications of the method suggested. This does not eliminate the applicability of the approach to any other country or to the geo-political subdivisions within a country. The results obtained are of interest to policy makers dealing specifically with expenditures for police at local, regional or national levels or, more generally, with similar uses of public or private financial resources.     

Unemployment and gang crime: can prosperity backfire?

In this paper, we study how unemployment affects gang crime. We examine a model of criminal gangs and suggest that a substitution effect between petty crime and severe crime is at work. In the model, non-monetary valuation of gang membership is private knowledge. Thus, the leaders face a trade-off between less crime per member in large gangs and more crime per member in small gangs. A decrease in unemployment may result in a switch from a large gang that requires petty crime to a small gang that requires severe crime.     

Panel data estimates of the effects of different types of crime on housing prices

One of the most studied effects of crime is the impact that neighborhood crime has on housing values. A major drawback of these studies is that, although crime is undoubtedly endogenous in property value models because of either simultaneity, omitted variables or measurement error, the vast majority of studies treat crime measures as exogenous independent variables. We exploit a unique nine-year crime panel at the neighborhood level to estimate models that properly address the endogeneity of crime and allow us to overcome other specification errors that have plagued previous studies. Of the seven different types of crime we investigate, only robbery and aggravated assault crimes (per acre) exert a meaningful influence upon neighborhood housing values.     

Identifying crime generators and spatially overlapping high-risk areas through a nonlinear model: A comparison between three cities of the Valencian region (Spain)

The behavior and spatial distribution of crime events can be explained through the characterization of an area in terms of its demography, socioeconomy, and built environment. In particular, recent studies on the incidence of crime in a city have focused on the identification of features of the built environment (specific places or facilities) that may increase crime risk within a certain radius. However, it is hard to identify environmental characteristics that consistently explain crime occurrence across cities and crime types. This article focuses on the assessment of the effect that certain types of places have on the incidence of property crime, robbery, and vandalism in three cities of the Valencian region (Spain): Alicante, Castellon, and Valencia. A nonlinear effects model is used to identify such places and to construct a risk map over the three cities considering the three crime types under research. The results obtained suggest that there are remarkable differences across cities and crime types in terms of the types of places associated with crime outcomes. The identification of high-risk areas allows verifying that crime is highly concentrated, and also that there is a high level of spatial overlap between the high-risk areas corresponding to different crime types.     

Theorizing Financial Crimes as Moral Actions

Abstract

The paper maintains that all acts of financial crimes can be explained within a general theory of moral action and analyzed as such. In this regard, the paper presents such a theory – Situational Action Theory (SAT) – and argues that acts of financial crimes result from a perception-choice process involving rational deliberation and experimental habituation, themselves being the outcomes of interactions between individuals and their environments. To examine this argument, the paper draws on two recent high-profile fraud cases to critically discuss the extent to which these crimes should be meaningfully and innovatively analyzed as moral actions and the moral context in which they occur. The findings indicate that the feature most relevant to a criminogenic is its moral context in relation to the opportunities and frictions that it generates. As such, environmental factors along with psychosocial processes of moral education become particularly important in the explanation of why certain moral contexts emerge in particular kinds of settings at a particular point in time. In this regard, SAT can be used as a powerful overarching framework to gain a more comprehensive understanding of peoples’ choice processes to breach moral rules and devise effective crime prevention strategies to combat fraud.     

论网络犯罪及其防治对策

网络犯罪是现代社会的一种新型犯罪,它包括以网络为对象的犯罪和以网络为犯罪现场的犯罪。它具有技术含量高、危害程度重、涉及面广、隐蔽性强等特征。因此,打击该种犯罪,要完善法律法规,加强网络犯罪立法的国际协调与合作。     

关于大额和可疑金融交易报告项目实施的思考

反洗钱项目的主要工作之一是要从大额和可疑金融交易信息中辨别可能隐藏着洗钱犯罪交易的线索,从而在资金交易领域筑起洗钱犯罪的屏障。文章详细介绍了美国反洗钱项目实施中的大额和可疑交易报告制度的基本做法,在分析国内外可疑交易报告项目实施的现状和我国可疑交易报告项目实施中存在问题的基础上,就美国的大额和可疑交易报告制度对我国的启示提出浅见,希望对我国大额和可疑交易报告制度的项目实施有所裨益。     

Is There a Natural Rate of Crime?

Studies in the economics of crime literature have reached mixed conclusions on the deterrence hypothesis. One explanation that has been offered for the failure to find evidence of a deterrent effect in the long run is the natural rate of crime. This article applies univariate unit root tests to crime series for the United Kingdom and United States and panel unit roots to crime rates for a panel of G7 countries to examine whether there is a natural rate of crime. Our main finding is that when we allow for two structural breaks in the univariate unit root test and a structural break in the panel data unit root test, there is strong evidence of a natural rate of crime. The policy implications of our findings is that governments should focus on altering the economic and social structural profile that determines crime in the long run rather than increasing expenditure on law enforcement that will at best reduce crime rates in the short run.     

青少年犯罪的物质与心理原因——基于阿德勒“自卑”与“补偿”的视角

青少年犯罪已成为困扰当今世界各国的一个严重社会问题,团伙犯罪是其突出特点。从心理学家阿德勒"自卑感"与"补偿"理论出发,拓展出对青少年团伙犯罪研究的新视角,同时对冀东地区团伙犯罪青少年进行了抽样调查,将理论探讨与实证研究相结合,分析了青少年团伙犯罪的心理原因,即自卑感的来源和过度补偿的表现方式,并引申出对于预防青少年犯罪的两点建议。     

Marked point process hotspot maps for homicide and gun crime prediction in Chicago

Crime hotspot maps are a widely used and successful method of displaying spatial crime patterns and allocating police resources. However, hotspot maps are often created over a single timescale using only one crime type. In the case of short-term hotspot maps that utilize several weeks of crime data, risk estimates suffer from a high variance, especially for low frequency crimes such as homicide. Long-term hotspot maps that utilize several years of data fail to take into account near-repeat effects and emerging hotspot trends. In this paper we show how point process models of crime can be extended to include leading indicator crime types, while capturing both short-term and long-term patterns of risk, through a marked point process approach. Several years of data and many different crime types are systematically combined to yield accurate hotspot maps that can be used for the purpose of predictive policing of gun-related crime. We apply the methodology to a large, open source data set which has been made available to the general public online by the Chicago Police Department.