洗钱罪行为方式研究

本文在回顾我国洗钱罪行为方式演变历程的基础上,着重对洗钱罪行为方式规定不完备的问题进行分析,并从洗钱罪的阶段特征、国际公约对洗钱罪定义等方面进行总结,从而提出了完善我国洗钱罪行为方式定义的建议。     

农村犯罪黑数问题的法律思考

农村社会中存在的犯罪黑数是建设社会主义和谐社会的阻碍因素之一。农村犯罪黑数较高的原因有多种。要降低农村社会的犯罪黑数，必须加强社会主义法治教育，遏制、打击宗族势力在农村的发展，充实农村的警力配置以及消除受害人自身对刑事案件隐匿不报的错误认识。     

“利用影响力受贿罪”主体之探讨

＂利用影响力受贿罪＂的犯罪主体是有关的＂近亲属＂、＂关系密切的人＂和＂离职的国家工作人员＂。＂近亲属＂、＂关系密切的人＂等在立法上模糊,实践中难界定。＂明确性＂是罪刑法定的基本要求,在国内立法上与所承诺的国际公约接轨是履行＂有约必守＂义务和建立国际反腐败新秩序的有效途径。     

Gangs of Chicago: Perceptions of Crime and its Effect on the Recreation Behavior of Latino Residents in Urban Communities

Perception of safety is an important factor affecting the leisure behavior of Latinos residing in urban neighborhoods. Yet research on how fear of crime and fear of gangs in particular affect leisure of ethnic and racial minorities is underdeveloped. The objectives of this study are to examine how gangs operate in recreation spaces in Latino neighborhoods, how gangs affect the use of outdoor recreation environments and how Latinos respond to these issues. The study is based on focus groups conducted with Latino residents in Chicago. Findings indicate gang members are almost constantly present in parks, which serve as spaces for drug use and distribution. Moreover, gangs operate in other areas of the neighborhood making it unsafe to access parks. Participants employ strategies to address the gang problem including avoidance, protective and collective behaviors.     

Trade-offs in the allocation of prosecution resources: an opportunity cost of overcriminalization

One in every five citizens has a criminal record in Korea. Scarce prosecution resources have been severely skewed toward prosecuting more ‘legislated crime’ than ‘conventional crime’. We estimate the opportunity cost of this prosecutory pattern in terms of spillovers to conventional crimes. The cost was found to be substantial. For example, in 2003, the total spillovers accounted for approximately 25% of the increase in conventional crimes for 3 years from 2000 because of the disproportionate prosecutory focus on legislated crimes compared with that of the 1990s. This article has relevance to those countries with an overcriminalizing trend for legislated crimes.     

Examining the link between crime and unemployment: a time-series analysis for Canada

We use national and regional Canadian data to analyse the relationship between economic activity (as reflected by the unemployment rate) and crime rates. Given potential aggregation bias, we disaggregate the crime data and look at the relationship between six different types of crimes rates and unemployment rate; we also disaggregate the data by region. We employ an error correction model in our analysis to test for short-run and long-run dynamics. We find no evidence of long-run relationship between crime and unemployment, when we look at both disaggregation by type of crime and disaggregation by region. Lack of evidence of a long-run relationship indicates we have no evidence of the motivation hypothesis. For selected types of property crimes, we find some evidence of a significant negative short-run relationship between crime and unemployment, lending support to the opportunity hypothesis. Inclusion of control variables in the panel analysis does not alter the findings, qualitatively or quantitatively.     

Compulsory schooling laws and school crime

Extensive literature demonstrates that compulsory schooling laws improve educational attainment, well-being, civic involvement, and labour market outcomes. However, at-risk youth incapacitated to schools may impact the learning environment and school safety. The purpose of this article is to study whether raising the minimum dropout age (MDA) requirement above 16 increases crime committed within US public high schools. A difference-in-difference estimation exploits changes in state-level MDA laws over time and indicates that schools in states that raise their MDA requirement to 18 incur more overall crime relative to schools in states that do not, while no effect on overall crime is identified when the MDA requirement is raised to 17. Furthermore, these effects persist for 4 years after passage and more intensely in metropolitan areas. Coupling this research with existing literature suggests that when the MDA requirement is raised to 18, only a small portion of the observed reduction in juvenile crime is displaced to schools. Analysis by category of crime reveals schools incur more physical attacks, no change in illegal drug and property crimes, and fewer violent crimes in states that raise their MDA requirement to 18, while illegal drug crimes increase in states that raise their MDA requirement to 17.     

The effect of violent crime on sector-specific FDI in Latin America

ABSTRACT

This article looks at the impact of violent crime on FDI into Latin America and the Caribbean during the 1996–2010 period. FDI is disaggregated into primary, secondary and tertiary sectors and three variables related to violent crime are used: homicides, crime victimization and organized crime. Controlling for institutions and the traditional determinants of FDI, we find that the impact of crime on FDI depends on the sector and types of crime considered. Higher homicide rates are associated with less FDI in the secondary sector while organized crime reduces tertiary sector FDI. Crime victimization has a robust significant negative impact on the tertiary sector and in some estimations of the secondary sector. Crime has no impact on primary sector FDI. Our study highlights the need to continue efforts to decrease crime as we show in our analysis that crime has a negative effect on FDI in the secondary and tertiary sector.     

Business Ethics and Moral Motivation: A Criminological Perspective

The prevalence of white-collar crime casts a long shadow over discussions in business ethics. One of the effects that has been the development of a strong emphasis upon questions of moral motivation within the field. Often in business ethics, there is no real dispute about the content of our moral obligations, the question is rather how to motivate people to respect them. This is a question that has been studied quite extensively by criminologists as well, yet their research has had little impact on the reflections of business ethicists. In this article, I attempt to show how a criminological perspective can help to illuminate some traditional questions in business ethics. I begin by explaining why criminologists reject three of the most popular folk theories of criminal motivation. I go on to discuss a more satisfactory theory, involving the so-called “techniques of neutralization,” and its implications for business ethics.

保险诈骗罪司法认定若干问题探析

我国刑法关于保险诈骗罪的规定采用的是结果犯模式,只有行为人实施了法定的保险诈骗行为,并取得或控制了数额较大的保险金,才构成本罪的既遂。鉴定人、证明人、财产评估人的行为为保险诈骗罪的实行犯创造条件的,可构成共犯中的帮助犯。保险公司的工作人员内外勾结骗取保险金的行为,实质上只是各行为人共同利用保险公司工作人员职务上的便利而实施的骗取保险公司财产的职务侵占或者贪污行为,只可能构成贪污或者职务侵占罪。