白领犯罪概念、成因及对策研究
发布时间：2018-11-25 07:55
【摘要】： 美国犯罪学和社会学教授萨瑟兰1939年提出的白领犯罪概念，对西方传统的局限于社会底层人群的街头犯罪或者说一般犯罪理论形成了巨大的冲击。这一概念简洁而有力的向人们揭示了长期存在但一直模糊不清的白领犯罪问题，清楚的指出犯罪并不仅仅是穷人或者精神异常的人犯下的杀人、抢劫、盗窃等等，衣冠楚楚的社会上层人士凭借其职业、地位和权势，运用智能手段的犯下的罪行更为严重，同时更加具有隐蔽性和对刑法的规避性，难以得到有效的惩治。半个多世纪过去了，西方白领犯罪的研究虽然仍无法像萨瑟兰教授所倡导的那样占据犯罪学研究的主流地位，但是已经得到了长足的发展，走过了从白领犯罪到职业犯罪再到公司或组织犯罪的研究之路，建立形成了相对完整的理论体系。现在，白领犯罪业已成为社会学、犯罪学和刑法学的一个专业术语。特别自美国安然公司丑闻以后，白领犯罪理论在指导预防和惩治白领犯罪实践方面的重要性不断凸显。相比之下，我国犯罪学和刑法学对白领犯罪缺乏应有的关注，相关理论研究和著述甚少，没有建立起关于白领犯罪的比较完善的理论体系。原因是多方面的，既有意识形态方面的顾虑，又有大众认知的落后。然而，理论研究应当具有前瞻性，我们不能忽视伴随着我国改革开放和市场经济跨越式发展而大量出现的白领犯罪现象，如花样百出的金融诈骗、屡禁不止的贪污贿赂、损失惊人的环境污染等等，必须对此保持高度的警惕性，及时分析成因，提出预防和控制对策，抑制住白领犯罪井喷式爆发和对经济发展的破坏性影响。 本文共分为三章。第一章介绍白领犯罪的概念和特征。通过对西方白领概念的研究得出白领内涵中国化的三个阶段，明确在中国可以归入白领阶层范围的人群，划定研究的界限。重点论述了萨瑟兰的白领犯罪原始概念，并在此基础上结合时代背景对西方白领犯罪概念研究发展的历史脉络进行了梳理，指出职业犯罪和公司犯罪是当代西方白领犯罪研究的两大支柱。对我国现阶段的白领犯罪概念研究进行了初步归纳，并在此基础上探讨提出了自己对白领犯罪概念的定义。为更加直观、精确的把握白领犯罪概念，从不同角度对白领犯罪的重要特征进行了阐述。 第二章分析了白领犯罪的现状和成因。对我国现阶段的白领职业犯罪、计算机犯罪和公司组织犯罪的现状进行了初步分析，通过案例分析和实证资料相结合的方法，指出了我国现阶段白领犯罪的严峻形势和严重的社会危害性。进而深入探寻造成白领犯罪的成因，重点介绍了差异交往理论、社会反常理论、亚文化理论、批判犯罪理论、一般性犯罪理论等西方关于白领犯罪的成因理论，，并借鉴其研究成果，根据我国现阶段情况从社会层面、个人层面、法律层面上对白领犯罪成因进行了剖析。 第三章提出了对白领犯罪的预防和控制对策。鉴于白领犯罪是极其复杂的社会现象，单一的预防和控制措施难以奏效，因而笔者尝试从社会基础调控、个人因素控制、立法司法网络等方面提出了综合的预防和控制措施。社会基础调控方面强调了政府、市场和公司的作用，个人因素控制方面突出了道德教化、白领犯罪教育、制度控制的作用，立法司法网络的构建要求既要有法可依，也要执法必严。总的来说，白领犯罪的预防和控制对策宏观上要紧跟政府发展经济的步伐，要有基本理论支撑，微观上要注意逐步改进具体制度的科学性和合理性，要执行得力，落实到位。
[Abstract]:The concept of white-collar crime, which is proposed by the American criminology and sociology professor in 1939, has a great impact on the western tradition of street crime or general crime theory confined to the social stratum. The concept is simple and powerful to reveal long-standing but ambiguous white-collar crime, and it is clear that the crime is not only the killing, the robbery, the theft, etc. committed by the poor or the mentally abnormal, and that the well-dressed upper-layer of the society, by virtue of its occupation, The crime of using intelligent means is more serious, and it is more hidden and circumvention of the criminal law, and it is difficult to get effective punishment. Over the past half a century, the study of white-collar crime in the West, though still unable to occupy the mainstream of criminological research, as advocated by Professor Sutherland, has made great development and has passed the way from white-collar crime to professional crime to the research of corporate or organizational crime, The establishment of a relatively complete theoretical system. Now, white-collar crime has become a technical term of sociology, criminology and criminal law. In particular, the importance of white-collar crime theory in guiding the prevention and punishment of white-collar crime is becoming more and more important after the Enron scandal in the United States. In contrast, China's criminology and criminal law lack due attention to white-collar crime. The reason is that there are many aspects, both the ideological concern and the backward of the public perception. however, that theoretical study should be forward-looking, and we can't ignore white-collar crime that accompany the development of the reform and opening-up of our country and the great-leap-forward development of the market economy. It is necessary to keep a high level of vigilance, analyze the cause of the cause, put forward the prevention and control measures, and inhibit the outbreak of the white-collar crime well and the damaging effect on the economic development. This article The first chapter introduces white-collar crime. Through the study of the western white-collar concept, the three stages of the Chinese-collar connotation in China are drawn, and it is clear that in China, it can be classified as a group of white-collar workers. This paper mainly discusses the original concept of the white-collar crime of Sutherland, and then discusses the historical context of the research and development of the western white-collar crime based on the background of the background, and points out that the professional crime and the company's crime are the research of the western white-collar crime in the present time. In this paper, the concept of white-collar crime in China is preliminarily summarized, and on the basis of this, the author puts forward his own right to white-collar crime. Definition of concept. To grasp the concept of white-collar crime more visually and accurately, it is an important feature of white-collar crime from different angles The second chapter analyses The present situation and the cause of white-collar crime are analyzed. The present situation of white-collar professional crime, computer crime and corporate crime in our country is analyzed. Through the combination of case analysis and empirical data, the serious problem of white-collar crime in our country is pointed out. In this paper, the causes of white-collar crime are further explored, and the causes of white-collar crime are also discussed, and the causes of white-collar crime, such as the theory of differential association, the theory of social anomaly, the theory of subculture, the theory of critical crime, the theory of general crime and so on, are introduced. According to the present situation of our country, from the social level, the personal level and the legal level according to the present situation of our country, The cause of white-collar crime is analyzed. In view of the extremely complex social phenomenon of white-collar crime, the single prevention and control measures are hard to work, so the author tries to control the white-collar crime from the basis of the society, the control of individual factors and the legal system of judicial administration. This paper puts forward comprehensive prevention and control measures in the aspects of social basic regulation, emphasizing the role of the government, the market and the company, the role of the government, the market and the company, the control of the individual factors, the role of the moral education, the white-collar crime education, the system control, the legislative judicial network In general, the prevention and control measures of white-collar crime are of great importance to the development of the government.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917
本文编号：2355370
[Abstract]:The concept of white-collar crime, which is proposed by the American criminology and sociology professor in 1939, has a great impact on the western tradition of street crime or general crime theory confined to the social stratum. The concept is simple and powerful to reveal long-standing but ambiguous white-collar crime, and it is clear that the crime is not only the killing, the robbery, the theft, etc. committed by the poor or the mentally abnormal, and that the well-dressed upper-layer of the society, by virtue of its occupation, The crime of using intelligent means is more serious, and it is more hidden and circumvention of the criminal law, and it is difficult to get effective punishment. Over the past half a century, the study of white-collar crime in the West, though still unable to occupy the mainstream of criminological research, as advocated by Professor Sutherland, has made great development and has passed the way from white-collar crime to professional crime to the research of corporate or organizational crime, The establishment of a relatively complete theoretical system. Now, white-collar crime has become a technical term of sociology, criminology and criminal law. In particular, the importance of white-collar crime theory in guiding the prevention and punishment of white-collar crime is becoming more and more important after the Enron scandal in the United States. In contrast, China's criminology and criminal law lack due attention to white-collar crime. The reason is that there are many aspects, both the ideological concern and the backward of the public perception. however, that theoretical study should be forward-looking, and we can't ignore white-collar crime that accompany the development of the reform and opening-up of our country and the great-leap-forward development of the market economy. It is necessary to keep a high level of vigilance, analyze the cause of the cause, put forward the prevention and control measures, and inhibit the outbreak of the white-collar crime well and the damaging effect on the economic development. This article The first chapter introduces white-collar crime. Through the study of the western white-collar concept, the three stages of the Chinese-collar connotation in China are drawn, and it is clear that in China, it can be classified as a group of white-collar workers. This paper mainly discusses the original concept of the white-collar crime of Sutherland, and then discusses the historical context of the research and development of the western white-collar crime based on the background of the background, and points out that the professional crime and the company's crime are the research of the western white-collar crime in the present time. In this paper, the concept of white-collar crime in China is preliminarily summarized, and on the basis of this, the author puts forward his own right to white-collar crime. Definition of concept. To grasp the concept of white-collar crime more visually and accurately, it is an important feature of white-collar crime from different angles The second chapter analyses The present situation and the cause of white-collar crime are analyzed. The present situation of white-collar professional crime, computer crime and corporate crime in our country is analyzed. Through the combination of case analysis and empirical data, the serious problem of white-collar crime in our country is pointed out. In this paper, the causes of white-collar crime are further explored, and the causes of white-collar crime are also discussed, and the causes of white-collar crime, such as the theory of differential association, the theory of social anomaly, the theory of subculture, the theory of critical crime, the theory of general crime and so on, are introduced. According to the present situation of our country, from the social level, the personal level and the legal level according to the present situation of our country, The cause of white-collar crime is analyzed. In view of the extremely complex social phenomenon of white-collar crime, the single prevention and control measures are hard to work, so the author tries to control the white-collar crime from the basis of the society, the control of individual factors and the legal system of judicial administration. This paper puts forward comprehensive prevention and control measures in the aspects of social basic regulation, emphasizing the role of the government, the market and the company, the role of the government, the market and the company, the control of the individual factors, the role of the moral education, the white-collar crime education, the system control, the legislative judicial network In general, the prevention and control measures of white-collar crime are of great importance to the development of the government.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917
【引证文献】
相关期刊论文 前1条
1 赵辉;;试论我国白领犯罪的防控策略[J];湖北第二师范学院学报;2012年04期
相关硕士学位论文 前1条
1 薛飞;中国白领犯罪理论问题研究[D];华东政法大学;2011年
本文编号：2355370
本文链接：https://www.wllwen.com/shekelunwen/gongan/2355370.html
