軍人職務犯罪影響因素與對策之研究

A research on the factors and countermeasures of the servicemen occupational crime

吳長風(Chang-Feng Wu)

指導教授 ： 許春金

國立臺北大學/社會科學學院/犯罪學研究所/碩士(2013年)

摘要

廉政已是普世價值，反貪腐不僅是政府的責任，也是人民評斷政府效能的一項重要指標。軍隊是政府機關的一環，也是一群特殊的團體，合法擁有武裝力量，一旦發生貪腐事件，將使國家安全陷於危亡之境，人民百姓福祉推向葬送之途。本研究探討軍人利用職務上機會，涉犯貪污或瀆職之犯罪行為類型、性質、特徵、發生原因及動機等究竟為何？同時發掘其犯罪因子，最後提出至當之防制對策。
本研究透過文獻探討、官方資料分析及質化訪談等方式，作為研究方法。在貪污理論文獻部分，則以一般化犯罪理論、社會控制理論、日常活動理論及機會理論為基礎。在官方資料分析部分，本研究依國軍軍法案件書類檢索系統，蒐集獲得國軍人員2009-2011年間因貪污及瀆職判決書，過濾後總計43人次進行後續分析。而質性訪談部分，經國軍台南軍事監獄同意後，詢問遭貪污判決服刑人員，經過當事人同意進行質性訪談，共計有4位。
本研究在判決書分析上，除完成敘述統計外，並將資料區分校官以上為「高階組」與尉官以下為「低階組」兩組，進行LLM（Log—Liner Model）分析發現：「高階組」綜合分佈概可分為兩類：1.負責採購決策之易生貪弊風險人員，以接受廠商飲宴、收受禮物等情形為多2.藉職務之便，個人或要求部屬，以巧立名目偽造文書、截留經費供其花用，或將公物侵佔入己；而尉官、士官及士兵等人員低階人員部分，其犯罪型態多是因個人因素而鋌而走險，趁單位管理罅隙或缺乏監控時段，侵佔個人業管或掌理的財物。此外，質化訪談分析發現以下影響因素，「個人特徵」：1.均為職業軍人2.青少年時期即進入軍校就讀3.受過完整軍事教育。「日常生活狀況」：1.社會化程度低缺乏防備心2.步入軍旅服務個人生活原單純經濟無虞3.受到部隊不良文化影響4.個人財務發生危機。「社會控制因素」：1.因工作需求擴大交友圈2.職務需求造成不同接觸機會3.家庭狀況連結不完整4.遭到廠商長期佈局誘騙。「機會因素」1.僥倖心態2.職務可及3.對刑罰缺乏認知4.職務缺乏監控。
本研究建議從以下三個層面來改進：1.個人心理層面：（1）個人與群體導向併重，重新塑建軍人正確價值觀（2）建立個人危機意識，遠離風險環境（3）瞭解依法行政真義，杜絕違法行為；2.社會控制層面：（1）對於建立管控手段，阻止犯罪前端（2）強化個人職能，減少專業依賴（3）落實法治教育，因材施教（4）強調重點管考（5）提供犯罪者必要之法律服務；3.機關制度層面：（1）強化機關稽核能力（2）增加外控監督（3）暢通檢舉管道
軍隊也是一個社會體系，職業軍人多與家庭及社會連結少，往往社會化不足，但掌握指揮權力強大，一旦遭到不法份子誘惑或個人心術不正，極有可能衍生職務上犯罪行為，受害者雖是國家政府，但真正失去的是人民的信任，孫子兵法有云「攻心為上」，防治這些犯罪行為，應從心做起，讓每位軍人重新體認軍人忠貞氣節究竟為何？不但是忠於國家，更是要忠於這份崇高的職業。

關鍵字

軍人 ； 職務上機會 ； 監控 ； 社會控制

並列摘要

Uncorrupted government has become a universal value. In fact, free of corruption is not only a government’s responsibility but also one of the important indicators of people to evaluate their government’s efficacy. Military troops are one part of the official institutions as well as being a special group which can legally be armed with forces. Once corruption incidents happen in the army, national security would be compromised, so is the well-being of its citizens. The study thus explores how servicemen using occupational opportunities to take bribes or commit act of duty negligence, delving into several aspects such as different crime types of these corruption crime offenders, their characteristics, as well as factors and motivation for committing such occupational crimes. The study also intends to propose several countermeasures to combat occupational corruption.
The study collected information from previous studies, official data, and qualitative interviews, etc. as different methods for data collection. In literature review related to corruption, the rationale of the study is based on A General Theory of Crime, Social Control Theory, Routine Activity Theory, and Opportunity Theory. In terms of official data analyses, the study utilized the search engine from military cases of the national military troops and then collected the court verdicts of the servicemen who had taken bribes and failed to perform their duties. A total of 43 servicemen met these criteria and their verdicts were used for later analyses. As for the qualitative data, with the agreement from National Prison of Military in Tainan, interviews were conducted with those who were imprisoned for corruption offences. A total of four participants agreed to receive the interviews.
Descriptive statistics were presented; the study also conducted LLM analysis (Log-Liner Model) after categorizing two groups of crime offenders based on their military rankings: upper ranking group and lower ranking group. More specifically, the former includes the military officers whose rankings are colonels and above whereas the latter contains those whose positions are lieutenants or lower. The LLM analysis indicates that for the upper ranking group, two common corruption types can be found. One type is that these higher-ranking military officials responsible for purchasing are more likely to receive banquet treats or gifts. The other common corruption type within this group is that some high-ranking military officials tend to make use of their occupational convenience to list purchasing items fraudulently either to gain unlawful money or to take possessions of those items; these unlawful behaviors may be done by themselves or by requesting their subordinates to do so. On the other hand, the servicemen in the lower ranking group committed their crimes usually out of their individual reasons when taking such great risks; they trespassed upon the properties managed by them upon the unit’s flawed management or lack of surveillance. In addition, our qualitative interview data analyses reveal the following influential factors underlying these corruption cases. First, “individual trait factors:” 1. All the corruption crime offenders were military servicemen by occupation. 2. They have attended military schools in their teens. 3. They have received complete military education. Second, “daily situational factors:” 1. These crime offenders have low degree of socialization and have little alertness of potential dangers or crises. 2. Serving in the army, they were originally financially well-off. 3. They have been affected by the bad influence from the military troops. 4. They encountered financial crises. Third, “social control factors:” 1. They had to widen their social circle because of occupational needs. 2. Such occupational needs led to their differentiated opportunities of contacts with the unmoral businessmen . 3. Disconnected or detached family relationship was found in these corruption crime offenders. 4. They were caught in by the long-term trap set by the unmoral businessmen. Last but not least, “chance factors:” 1. They entertained thoughts of having flukes. 2. They happened to have access to the managing properties due to their occupational duties. 3. These servicemen have little awareness of possible punishment or sentence charges facing them. 4. Their supervisors paid insufficient attention to their duties.
Based on the results found in the study, recommendations for avoiding possible bribery in the army are offered in terms of three aspects. First, on the level of individual psychology, (1) emphases on individuals and groups should be balanced so as to reshape servicemen’s values of righteousness; (2) each serviceman’s awareness of crises should be raised so that they would avoid having contact with environment filled with liabilities and risks. (3) Servicemen should foster the value that administrative affairs should be proceeded fully based on law and regulations. Second, on the level of society control, (1) the system of monitoring and controlling should be well-established within each military unit, preventing possible corruption crimes from happening; (2) individual capabilities should be enhanced so that each military unit would not overly rely on few professional personnel; (3) law education should be introduced to servicemen based on their individual preferences and differences; (4) special monitoring and supervision should be placed on a few essential tasks and risky army personnel; (5) necessary law service should be provided to crime offenders. Thirdly, on the level of institutions and organization, (1) capabilities to evaluate and supervise servicemen within military organizations should be strengthened; (2) additional evaluation and supervision outside the unit should also be established; (3) channels to report corruption offences should be made readily available.
Military troops are also a part of the society; however, professional military servicemen tend to have few contacts or rather detached relationship with their family and society, leading to their inadequate socialization. On the other hand, servicemen tend to have immense controlling and ruling power in the army. Once they are tempted by unlawful gangs or they harbor unmoral values, serious occupational crimes may be the result. Although the victim seems to be our government, people’s trust in our government and administration will be lost. As Sun-zi mentioned aptly in Art of War, “winning the heart is the preferred way.” Therefore, to avoid these possible corruption crimes, winning the heart of our servicemen is the beginning step. Each and every serviceman should be reawakened to the army’s righteous spirits and loyalty to our country. Moreover, servicemen should have the awakening that their duty is not just to be loyal to the country but also loyal to their lofty occupations.

並列關鍵字

servicemen ； occupational crime ； attention ； social control

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