頁籤選單縮合
題名 | Managing Organized Crime=督管犯罪組織:從方法論的觀點去分析有關的法令 |
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作者 | 麥留芳; | 書刊名 | Tamkang Journal of International Affairs |
卷期 | 2:1 1998.03[民87.03] |
頁次 | 頁51-68 |
分類號 | 548.5 |
關鍵詞 | 督管犯罪組織; 方法論; Organization; Organized crime; Membership; Freedom of association; Hong Kong; Taiwan; Japan; America; Singapore; Malaysia; RICO; |
語文 | 英文(English) |
英文摘要 | Since the 1970s, a few societies have drafted a separate set of laws, instead of applying the existing conventional laws, to deal with organized crime. This paper examines these laws within a framework in which organization is reconceptualized as both a collectivity and a way of conducting activities. In societies where the citizens’ freedom of association is constitutionally protected, no civil bodies, assemblies and their participants are deemed unlawful. Organized crime is less manageable in these societies, because the legislators blindfold the law enforcers. In societies where freedom of association is not provided, some organizations, assemblies or their participants could be made unlawful. The existence of criminal organizations is assumed and organized crime is therefore more than just a way of committing crime. As far as legal control is concerned, these societies are less efficient in theory but more effective in practice. The inefficiency is brought about by the rigid requirement of legal evidence as measured primarily by membership. Between the two situations, there is also a deviant variety where people’s freedom of association is constitutionally provided but certain civil groups are denied legitimacy. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。