法律对个体犯罪行为决策的影响和控制——以财产型犯罪为例

Influences and controls on criminal decision-making by law—an example of property crime

对个体理性程度的不同认识,是期望效用理论和前景理论在个体行为决策上的重要差异。本文首先对犯罪行为理性假设在法学中的探讨加以介绍,然后以财产型犯罪为例,对期望效用理论在个体犯罪行为决策上已有的观点进行阐述。在此基础上,引入心理学中的前景理论,从编辑和评价两个阶段对个体的犯罪行为决策展开分析,进而提出应对策略。

Expected utility theory and prospect theory differ mainly on individual rationality.Discussions on rationality by scholars of law were firstly presented in this paper;viewpoints on criminal decision-making of expected utility were then analyzed by taking an example of property crime.Based on the above,prospect theory was introduced for the analysis of criminal decision in terms of both edition and evaluating phases.Suggestions for controls on criminal decision-making by law were proposed.