职务犯罪亚文化理论及其对职务犯罪防控的意义

Theory of Duty Offence Subculture and the Significance in Preventing and Controlling It

自萨瑟兰1924年提出犯罪行为体系时对犯罪亚文化有所论及以来,犯罪亚文化理论得到了长足的发展,到克洛沃德和奥林时已趋于成熟。然而,该理论从一开始似乎就是下层阶级的专利,很难见到用其分析中上层阶级的犯罪行为。因此,有必要把犯罪亚文化理论应用于职务犯罪领域,形成职务犯罪亚文化理论这一崭新的工具,来对职务犯罪进行解释,对职务犯罪防控提供指导。

Since Edwin Hardin Sutherland discussed ＂Criminal Subculture＂ when putting forward ＂System of Criminal behaviors＂ in 1924, it has been progressively developed and it tended to become mature when arrived at Richard Andrew Cloward and Lloyd Edgar Ohlin＇s ages. However, it seems that theory of criminal subculture has become a patent for lower class from the first beginning of its occurrence, while it has made no analyses on criminal behaviors of middle and higher classes. Therefore, it＇s necessary to apply this theory in the area of duty offence to construct a brand new tool of theory of duty offence subculture, so as to give explanation to crime of duty offence and provide instruction for preventing and controlling it.