我国当前未成年人犯罪原因及预防探析
发布时间：2018-07-13 13:09
【摘要】： 未成年人犯罪是当今世界所共同面临的社会问题。近些年来,我国未成年人犯罪人数及所占比例居高不下,其犯罪行为已经对我国经济造成了严重的破坏,对当前社会稳定构成了一定的威胁。未成年人犯罪已经成为我国当前刑事犯罪活动中的热点问题,预防未成年人犯罪已经成为我国社会面临的亟需解决的重要任务。我国未成年人犯罪具有以下共性特征:(一)犯罪动机单纯,偶然性、激情性犯罪突出:(二)犯罪形式以共同犯罪、团伙作案为主;(三)犯罪类型多元化、集中化;(四)犯罪主体日趋低龄化;(五)再犯罪率高;(六)既是受害者,又是害人者。在犯罪原因的理论研究中,中西方学者都给出了自己的答案。刑事古典学派认为犯罪是由于人性自私、自由意志选择和功利主义(享乐主义)导致的结果;犯罪人类学派认为犯罪是由生物特征、生物本能和人的心理、精神因素决定的;犯罪社会学派则认为犯罪是社会结构、社会冲突等社会因素影响和作用的结果。我国学者则认为犯罪是个体和社会共同作用的结果,具体又有不同的细分标准。本文采用我国学者的内外因素论观点,将未成年人犯罪的原因分为内外因进行分析。其中,未成年人犯罪内因是未成年人特殊的身心因素,未成年人犯罪外因是家庭因素、学校因素、社会因素和司法因素的总和。未成年人犯罪是多方面因素共同作用的结果。探究未成年人犯罪的具体原因,是为了更好的预防和减少未成年人犯罪。未成年人犯罪预防是可行的,而且意义重大。目前,我国未成年人犯罪预防的工作虽然取得了一些成效,但是总体仍差强人意,社会各方对未成年人犯罪预防工作未能形成合力。本文结合中西方犯罪原因理论观点,针对未成年人犯罪的具体原因,提出预防未成年人犯罪应坚持教育与保护相结合、及时防治、依法治理和科学性原则,并提出未成年人犯罪预防的具体措施建议:(一)未成年人应切实提高自身的综合素质和自我控制能力,塑造和健全人格,发挥自身预防犯罪的主体作用;(二)注重家庭教育,强化家庭预防犯罪功能;(三)净化社会环境,减少未成年人犯罪的引诱因素;(四)完善司法制度,改造、教育未成年犯。只要我们重视未成年人犯罪问题,不断地研究它的规律和原因,从而采取有效措施堵住其犯罪源头,则可以将未成年人犯罪率控制在较低水平。
[Abstract]:Juvenile delinquency is a common social problem in the world today. In recent years, the number and proportion of juvenile delinquency in our country has remained high, and its criminal behavior has caused serious damage to our economy and posed a certain threat to the current social stability. Juvenile delinquency has become a hot issue in the current criminal activities of our country, and the prevention of juvenile delinquency has become an important task to be solved urgently in our society. The common features of juvenile delinquency in our country are as follows: (1) the crime motive is simple, accidental, and passionate crime is prominent; (2) the form of crime is joint crime, the main form of crime is gang crime; (3) the type of crime is diversified. Centralization; (4) the younger age of the subject of crime; (5) the high rate of recidivism; (6) both the victim and the victim. In the theoretical study of the causes of crime, Chinese and Western scholars have given their own answers. The classical criminal school holds that crime is the result of human selfishness, free will choice and utilitarianism (hedonism), and that crime is determined by biological characteristics, biological instinct and psychological and spiritual factors. The crime society school thinks that crime is the result of social structure, social conflict and other social factors. Chinese scholars believe that crime is the result of the interaction of individual and society, and there are different subdivision criteria. Based on the theory of internal and external factors of Chinese scholars, the causes of juvenile delinquency are divided into internal and external causes. Among them, the internal cause of juvenile delinquency is the special mental and physical factors of minors, and the external cause of juvenile delinquency is the sum of family factors, school factors, social factors and judicial factors. Juvenile delinquency is the result of various factors. To explore the specific causes of juvenile delinquency is to better prevent and reduce juvenile delinquency. The prevention of juvenile delinquency is feasible and significant. At present, although some achievements have been made in the prevention of juvenile delinquency in our country, the overall situation is still unsatisfactory, and all parties in the society have failed to form a joint effort for the prevention of juvenile delinquency. Based on the theory of crime cause between China and the West, and aiming at the specific causes of juvenile delinquency, this paper puts forward that the prevention of juvenile delinquency should be based on the combination of education and protection, timely prevention and treatment, and the principle of managing according to law and being scientific. And put forward the specific measures of juvenile crime prevention: (1) minors should effectively improve their comprehensive quality and self-control ability, shape and perfect personality, play their own role in crime prevention; (2) pay attention to family education, Strengthen the function of family crime prevention; (3) purify the social environment and reduce the inducement factors of juvenile delinquency; (4) perfect the judicial system, reform and educate the juvenile delinquents. So long as we attach importance to the problem of juvenile delinquency, constantly study its law and reason, and take effective measures to stop its source of crime, we can control the juvenile crime rate at a lower level.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：C913.5
本文编号：2119483
[Abstract]:Juvenile delinquency is a common social problem in the world today. In recent years, the number and proportion of juvenile delinquency in our country has remained high, and its criminal behavior has caused serious damage to our economy and posed a certain threat to the current social stability. Juvenile delinquency has become a hot issue in the current criminal activities of our country, and the prevention of juvenile delinquency has become an important task to be solved urgently in our society. The common features of juvenile delinquency in our country are as follows: (1) the crime motive is simple, accidental, and passionate crime is prominent; (2) the form of crime is joint crime, the main form of crime is gang crime; (3) the type of crime is diversified. Centralization; (4) the younger age of the subject of crime; (5) the high rate of recidivism; (6) both the victim and the victim. In the theoretical study of the causes of crime, Chinese and Western scholars have given their own answers. The classical criminal school holds that crime is the result of human selfishness, free will choice and utilitarianism (hedonism), and that crime is determined by biological characteristics, biological instinct and psychological and spiritual factors. The crime society school thinks that crime is the result of social structure, social conflict and other social factors. Chinese scholars believe that crime is the result of the interaction of individual and society, and there are different subdivision criteria. Based on the theory of internal and external factors of Chinese scholars, the causes of juvenile delinquency are divided into internal and external causes. Among them, the internal cause of juvenile delinquency is the special mental and physical factors of minors, and the external cause of juvenile delinquency is the sum of family factors, school factors, social factors and judicial factors. Juvenile delinquency is the result of various factors. To explore the specific causes of juvenile delinquency is to better prevent and reduce juvenile delinquency. The prevention of juvenile delinquency is feasible and significant. At present, although some achievements have been made in the prevention of juvenile delinquency in our country, the overall situation is still unsatisfactory, and all parties in the society have failed to form a joint effort for the prevention of juvenile delinquency. Based on the theory of crime cause between China and the West, and aiming at the specific causes of juvenile delinquency, this paper puts forward that the prevention of juvenile delinquency should be based on the combination of education and protection, timely prevention and treatment, and the principle of managing according to law and being scientific. And put forward the specific measures of juvenile crime prevention: (1) minors should effectively improve their comprehensive quality and self-control ability, shape and perfect personality, play their own role in crime prevention; (2) pay attention to family education, Strengthen the function of family crime prevention; (3) purify the social environment and reduce the inducement factors of juvenile delinquency; (4) perfect the judicial system, reform and educate the juvenile delinquents. So long as we attach importance to the problem of juvenile delinquency, constantly study its law and reason, and take effective measures to stop its source of crime, we can control the juvenile crime rate at a lower level.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：C913.5
【引证文献】
相关硕士学位论文 前2条
1 王燕;我国未成年人刑事案件社会调查报告内容研究[D];燕山大学;2010年
2 杨洋;未成年人犯罪的预防与学校教育策略研究[D];信阳师范学院;2012年
，本文编号：2119483
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