- 學位論文
新竹地區當舖業收贓之法律與經濟觀點分析
Stolen-Goods Market and Pawnshop Business in Hsin-Chu Area: A Law and Economic Approach
摘要
政府近年持續強力實施防制竊盜之政策，然竊盜等財產犯罪率，未降反升。當舖為贓物銷贓管道之一，贓物市場之存在鼓勵著竊盜犯，欲有效防制及追訴竊盜犯，需從其銷贓財源之根源著手。故有必要對當舖進行研究其銷贓情形，以提出防制當舖銷贓之建議及對策。本文採深度訪談方法，挑選6名具有長期偵辦竊盜案件之基層刑事偵查人員、3名當舖業負責人、4名具有竊盜前科之受刑人為訪談對象，希望從警方之長期偵辦經驗、當舖業者之實際經營經驗及竊盜犯從事竊盜犯罪之銷贓經驗來探究國內當舖銷贓管道之情形。訪談以一次詳盡詢問為原則，將訪談內容錄音作成逐字稿，加以編碼、分析，以期達成本文研究所欲發現之目的。研究結果發現，當舖為主要之銷贓管道，並至少有部分當舖為藥頭銷贓之上源管道，原因在於當舖此銷贓管道具有數量眾多及24小時營業有如大街小巷林立之「7-ELEVEN」之方便特性。並有無論是否熟識，均來者不拒，且立即當場兌換現金，有如金融機構之自動提款機之特性。當舖最喜愛收當或收贓之物品為黃金、名錶及鑽戒等高價值之物。手機等較不受歡迎之物，亦有少數當舖喜愛收受，故凡有價值能流通之物，幾乎均能往當舖銷贓。文獻研究資料已分析當舖業者在法律上幾乎零風險。訪談更發現接受訪談之警方人員、當舖業者、竊盜犯主觀上亦認為當舖此銷贓管道安全無虞。而當舖此銷贓管道，在立即兌現、轉賣現賺之情形下，當舖業者與竊盜犯雙方均能獲致最大之經濟利益。由於幾乎無法律上之風險，經濟利益極大，目前國內並未發現有足以影響當舖收贓之因素。本文建議目前因金融機構之發達，人民貸款甚為容易，當舖幾乎已失去昔日當舖抒困之目的，反而努力經營地下錢莊與收贓，而成為社會治安之惡瘤，故建議廢除私人當舖制度，每一縣市僅設立一公營當舖即可。於私人當舖制度尚未廢除之前，本文建議要求當舖對於收當的物品詳記特徵及修法拍照輸入警方管理系統網路；修法要求對於當舖收當櫃臺全程錄影，並保留一定月數之期限及警方應以轄區內特定當舖為追贓之重點。
並列摘要
The government has strongly and continually enforced the anti-theft policy in recent years; however, the crime rate related to property issue rises instead of drops. One of the ways selling stolen goods is pawnshops, which encourage thief using it as marketing channel. If we want to protect people’s property efficiently and prosecute them successfully, we need to focus on pipeline of stolen goods. Therefore, it is necessary to do a research in how those stolen goods been sold in pawnshops and give proposals in dealing with channels that selling thievery. The study uses the method of in-depth interviews. Six detectives with a long experience of handling thievery cases, three pawnshops owners, and four criminals with the inmates of larceny are selected as interview targets, to explore the real situation of where these stolen goods going and how it works from these interviewees above. With a view to achieving this goal that found, we try to asked a detailed interview and record the content word for word, then compiling and analyze it literally. Results have shown that the pawn shops were the main pipeline to fence, and at least some pawnshops serve as the orginal sources of drug distributor. The reason is that those pawnshops have a lot of ways selling goods and is a 24-hour running business as convenient stores you meet on every corner of streets. Everyone can sell things to the pawnshop. It is just like financial institutions’ Automated Teller Machine, if owners of pawnshops find that goods for selling are profitable, they will pay cash as soon as possible, no matter they know the seller or not. They are in favor of high value properties such as gold, luxury watch and diamond, no matter they are gages or stolen goods. They receive almost everything that worth a penny, even unpopular gadgets as cell phones can become cash in the pawnshops. Literature studies have analyzed that the pawnshop industry is legality. Study also found that these participators, polices, pawnshop owners, and larceners, subjectively think that this kind of ways selling thievery is safe. In addiction, this channel with gaining cash and profit easily can give both pawnshop owners and thieves opportunities for making money. Since there is almost no legal risks and economic interests is great, no factors was found to be enough to affect pawn shops in domestic matters. This paper finds that, as result of the financial institutions developed, and the people are easy to get loans, pawnshops have almost lost the functions of the past that help people from difficulty. On the contrary, they become unlawful money lenders, stolen goods stores and finally to be the evil of social order. Therefore, I recommend that the authority should eliminate private pawnshop system and only allow a public pawnshop setting for each county. Before the private pawnshop system has been abolished, this paper suggests that pawnshops should write down the detail of items and sellers when they receive properties. Amending parts of related laws in order to record each good’s feature by taking photographers and monitor the shop counters with full time Surveillance cameras. Keep those records and videos for certain months in case the police might need them for investigating burglar cases.