20世纪末美国纽约警察渎职问题研究

A Study on the Malfeasance of the New York Police in the Late 20th Century

美国警察渎职问题饱受诟病,而纽约警察局又是美国警察局的缩影。20世纪末纽约警察渎职问题由隐晦腐败转向直接参与犯罪,警察犯罪过程中更加有组织性,"警匪合作"成渎职新形式,这使得执法行为与违法行为难以明确区分、"食肉"成为渎职现象的主流、涉案金额巨大、涉毒渎职现象普遍。究其原因,有制度性缺陷产生渎职机会,也受到警察局内积重难返的不良文化氛围影响。20世纪末纽约警察渎职现象再次泛滥的事实证明,合理的制度设计已经不是问题的关键,关键在于分析纽约警察局内外是否存在落实治理警察渎职对策的条件。

American police malfeasance has been criticized,and the New York Police Department is the epitome of the United States Police Department. At the end of the 20th century,the problem of police malfeasance in New York changed from obscure corruption to direct involvement in crime. In the process of police crime,it became more organized,and 'police-bandit cooperation' became a new form of malfeasance,which made it difficult to distinguish between law enforcement and illegal acts clearly. Meat-eating became the mainstream of malfeasance,involving huge sums of money and widespread drug-related malfeasance. The reason is that there are institutional defects which lead to malfeasance opportunities and are also affected by the cumulative bad cultural atmosphere in the police station. Moren Committee recommended the establishment of a permanent external supervision body independent of the New York Police Department. The fact that the malfeasance of New York police in the end of the 20th century is again rampant proves that reasonable system design is no longer the key to the problem,the key lies in the analysis of whether there are countermeasures to deal with the malfeasance of the police inside and outside the New York Police Station.