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Research On White-collar Crime In China

Posted on:2006-07-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y J TangFull Text:PDF
GTID:1116360155454580Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The white-collar crime is an important public security problem of the present society of our country。From corrupting crime of bribery, financial crime, smuggle crime, crime concerning tax to the computer crime and so on,all of them influence the social stability seriously. Because the damage that the white-collar crime causes, far exceeding the street crime, it is very necessary to probe. However, in our country it still lacks the systemic research document to this question so far. The white-collar crime is ignored in the field of academic research and teaching practice in a medium and long term. Comparing with the traditional street crime, for a long time, the white-collar crime has been the field which is neglected in criminology and criminal law science theoretical research and the teaching practice all the time .There is only one monograph about white-collar crime of our country at the continent so far. The content is about "the outline of preventing crime and the analysis and countermeasure of white-collar crime". Furthermore the content of the white-collar crime is only one part of it. Other theories about white-collar crime appear mostly by way of translations and recommendations of foreign theory. The monograph which specializes in the white-collar crime of our country has not appeared yet. There are very few personnel specializing in the white-collar crime at home. Every university has not offered this course either. It can be said that, compared with attention degree of the traditional crime, the white-collar crime has less attention to pay for by the scholars. The reason why the white-collar crime is not paid attention to in our country is that the basic theories of the white-collar crime are unripe yet. Among them, how to define the white-collar crime is not a key content but also a disputatious focus. What does the white-collar crime mean on earth? Since Sutherland proposed the white-collar crime in 1939, the concept of the white-collar crime is always in disputing and difficult to make the common understanding. In order to set up the whole and systematic theory of white-collar crime, it must define the white-collar crime clearly and moreover establish the category of the theoretical research of the white-collar crime on this. In our country it lacks the proper prevention and cure tactics to control white-collar crime. Because the question of the white-collar crime is extremely complicated, under the situation of having not understood thoroughly the form factors of white-collar crime, it is very difficult for us to control present problem effectively, and predict future change of the phenomenon still more. The tactics of the proper prevention and cure white-collar crime must be implanted on the knowledge of knowing the white-collar crime question clearly. It will depend on the studying of china's white-collar crime mostly. The study on white-collar crime contributes to more people to strengthen the consciousness against the white-collar crime infringement. For the public, the possibilities of being infringed by the white-collar crime are more than the traditional crime. If we can make a clear description to the white-collar crime question, so, it can make more people learn the essence of it and join the social forces of preventing the white-collar crime. Through comparing with the relatively domestic and international different views about the white-collar crime concept and combining the actual conditions of our country, this passage has scientifically defined the white-collar crime after investigating the historical evolution of the white-collar crime. Based on the angle of criminology, the writer defines the white-collar crime circle as: The illegal activities which are conducted by nature persons or legal persons who have higher social status ,economic status and certain power and who utilize the functions and powers which the public entrusts to gain illegal interests by breaking the law or violating trust responsibility or the public trust relation in adopting the non-physical way and implementing during the process of performing his duties. To define the behavior that the white-collar crime contains not only includes the criminaloffence, but also includes the illegal activities; Subject of the crime not only means the natural person but also includes the legal person. According to the writer, the white-collar crime is a regular noun .It should not be limited in the definition of the crime conducted by the white-collar people. The constitution of these four words mean special meaning, namely: The subject including natural person and legal person, in order to try to gain illegal interests, violate the social trust relation and utilize the functions and powers that the society entrusts to and implement breaking the law, criminal offence through non-physical way in the course of performing of his duties. Though the word "crime'is used in the noun, as " white collar " and " crime " two vocabulary appear together, what it expressed is not only a criminal offence that the white collar implements, but also include the illegal activities that the white collar implements. It is only the representation of the white-collar crime to reveal that its essence is to infringe the trust relation and abuse the power that the public entrusts to. On the other hand, it also implied the violation of trust relation which gets from the duties. It is a key characteristic of white-collar crime to violate trust relation. Except for tangible or immediate injury, it may cause some serious consequences even more. For example, a kind of distrust atmosphere will spread .Especially if the trust violation which conducted by the personage who are on the senior in the government and company, this kind of consequence will usually be more obvious and more serious. In addition, respect is one of the essences of white-collar crime. As early as over half a century ago, the white-collar crime is described by Sutherland as: "White-collar crime may be defined approximately as a crime committed by a person of respectability and high social status in the course of his occupation ". Basically, having very respectable appearances and very respectable identity positions, but lacking the moral inherent honest can be said to be one of the key characteristics of the white-collar crime. The risk is another essential key element of the white-collar crime. In the research vision of the white-collar crime, this crime can be said to be a kind of calculated gambling; the less the chances that is arrested and punished are, the higher the possibilities of committing this crime will be. When compare with theinterests that the crime obtain, if the chance that is arrested and punishing is lower, the possibility taking place in white-collar crime will be higher. Though this kind of calculation may emerge in the course of all crimes, it is a very important characteristic in the white-collar crime. A lot of studies show that most white -collar crime will happen mostly because the possibility of being discovered and seized , sued and punished is really too low. In other words, the content of the risk, contributes to parties judging whether to engage in the illegal activities or not. In addition, the risk also means the assessment to the possibility of the dangerous consequences produced by legal person or individual's decision is in relation with the white—collar crime. A lot of white-collar crimes have a common characteristic, which lacks the specific intention causing the specific injury. That is to say, the harm that the white-collar crime causes is usually the result which caused by the actor who puts pursuing profits and economic efficiency at the firs place. To be more precise, if legal person and professional personage think their behavior can expand profits or reduce losses, they might put their staff, customer and social masses in risk encroached on probably. In fact it is one kind of indulgence for the dangerous consequence of the white—collar crime taking place. There are different ways to sum up the types of the white—collar crime in each national and different period. On the basis of our country's existing criminal laws and regulations of administrative statue, by the standard of the benefit which the white-collar crime infringes, combined with the affiliated fields in which white-collar personage violate trust relation and abuse power, the writer redistricts our country's white-collar crime into five major types: greedy bribing type; malfeasance type; impairing type; economy type; infringing type. On the basis of a large number of researches, the writer investigates the phenomenon of the white-collar crime of our country in an all-round way and points out the severity of the white-collar crime consequence of the present stage of our country. This crime causes the enormous direct and indirect economic losses and destroys the good social economic order, jeopardizes the stability of the society of our country. In addition, the writer points out theextremely serious negative effects caused by the white—collar crime such as the social prestige crisis and the social moral decline and so on further. Based on the textual criticism to a large number of white-collar crime data, it can be summarized for the occurrence rule of the white-collar crime of our country. Looking from quantity of crime, it demonstrates the upward law in the course of rise and fall. Attack and manage capably, the quantity of crime will have small size fall-back after the rise, but it is in the ascendant trend on the whole. According to field and region taking place in white-collar crime , demonstrates the law of radiation, which shows white collar crime rate , the subject of crime and crime means radiated from developed area to low developed area. In the future, the more wide—ranging and the younger criminal subject and the more intelligent crime means will appear in the white—collar crime of our country. Most crime space will be on the forward position of the reform, for example, the west and the northeast china where our country tries to push forward and the industries of high growth. It will be more and more general for the criminal shape of complicity which colludes inside and outside. Through the systematical investigation and study of white-collar crime, absorbing Sutherland differential association theory and the beneficial views of anomie and strain theories of Merton, the writer analyses the origin cause of formation of the white-collar crime of our country and points out consciousness value factor, the division layer of society factor and system standardize factor are social factors which cause white-collar crime. The psychology of white-collar crime people and job factor are personal factors which cause the white-collar crime. The "faint state that awaken collectively"of injured party of white-collar crime is external reason that white-collar crime grow in intensity. All the time, our country has not set up the effective countermeasure system to control white-collar crime. Simple to rely on criminal strength to control, it makes administration of white-collar crime at a difficult position which is difficult to discover and deal with and punish severely. The writer puts forward the concept of the white-collar crime should contain breaking the law and criminal offence on the basis of managing the consideration of...
Keywords/Search Tags:White-collar
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