未成年人抢劫犯罪的思考
发布时间：2018-07-14 09:49
【摘要】： 本文的第一章根据我国相关法律规定对未成年人抢劫犯罪的主体概念和此种犯罪构成的特殊性进行了阐述,并介绍了未成年人抢劫犯罪的研究意义。未成年人的具体概念,各国都有不同的规定,主要反映在刑事法律方面,表现为未成年人与成年人所适用法律的区分。同时由于抢劫犯罪的严重社会危害性,我国法律明确规定了14周岁以上的未成年人要对其承担刑事责任,并根据未成年人的特点做了一些特别规定,这些构成了探讨未成年人抢劫犯罪的基础。从研究意义上来讲,抢劫犯罪有着极大的社会危害性,近几年来,我国未成年人抢劫犯罪迅猛发展,极大的影响了社会安定,通过对其的分析、研究来提出相应的对策有着重要的现实意义。 第二章主要集中讨论了现阶段未成年人抢劫犯罪的整体状况,特别是由于社会的不断发展而出现了新的现象和趋势。介绍了未成年人的抢劫行为主要具有犯罪年龄低龄化、犯罪方式团伙化、犯罪目标特殊化、犯罪手段成人化、犯罪危害严重化的特点。 第三章对未成年人抢劫犯罪的成因进行了介绍,包括未成年人的抢劫犯罪与其他类型犯罪的一些共性因素和引起其抢劫犯罪活动的特殊因素。共性因素包括未成年人的自身因素、家庭因素、学校因素和社区因素。影响比较直接的特殊因素则有家庭暴力活动的影响、媒体暴力信息的传播和社会消费需求的刺激这三点。由于家庭结构的变化、社会经济的迅猛发展以及新生的网络等媒体,使得未成年人较以往任何一代人都有更好的机会去接触和学习外界,但伴随着外界环境的剧烈动荡,一些不好的外部影响结合未成年人自身的特点也使其进行抢劫犯罪的可能性大大增加。 第四章则提出了对未成年人的抢劫犯罪活动的针对性对策思考,主要包括重视加强素质教育、建立影视分级制度、广泛开展媒介教育、大力推广情景预防、科学有效惩治犯罪和预防重新违法犯罪几个方面。首先要重视素质教育,使未成年人塑造出良好的人格,具备法律意识和法治理念,也能在源头对其抢劫犯罪行为进行遏制。引导规范媒介传播主要是要对媒体暴力内容进行限制,以及通过媒介教育减少其不良内容对未成年人的影响。情景预防主要是根据未成年人抢劫犯罪的时间、行为场所和同为未成年人的受害人的特点,提出重视加强学校周边等未成年人抢劫多发地段的监控措施,以及加强教育未成年人面对抢劫行为时要勇于正确的斗争。科学有效地打击未成年人抢劫犯罪主要是通过准确的定罪量刑,严格区分罪与非罪,此罪与彼罪。对未成年犯的矫正则介绍了传统的未成年犯管教制度和发展中的社区矫正,特别是后者在国外已经有成熟的经验和适用体系,而我国由于起步较晚,在对未成年人抢劫犯罪适用这一有效的矫正方法方面,需要在立法和执行制度方面尽快完善相关规定。
[Abstract]:The first chapter expounds the concept of the subject and the particularity of this crime according to the relevant laws and regulations of our country, and introduces the significance of the research on the crime of robbery of minors. The specific concept of minors has different provisions in different countries, mainly reflected in the criminal law, the difference between minors and adults applicable law. At the same time, due to the serious social harmfulness of the crime of robbery, the law of our country clearly stipulates that minors over the age of 14 shall bear criminal responsibility for them, and have made some special provisions according to the characteristics of minors. These constitute the basis of the crime of underage robbery. In the sense of research, the crime of robbery has great social harmfulness. In recent years, the crime of robbery of minors in our country has developed rapidly, which has greatly affected the social stability. It is of great practical significance to study the corresponding countermeasures. The second chapter focuses on the overall situation of the crime of robbery of minors at this stage, especially the emergence of new phenomena and trends due to the continuous development of society. This paper introduces the main characteristics of the robbery of minors, such as the younger age of crime, the gang of criminal methods, the specialization of criminal target, the adult crime means, and the serious harm of crime. The third chapter introduces the causes of juvenile robbery, including some common factors between the crime of robbery of minors and other types of crime and the special factors that cause the crime of robbery. Common factors include minor's own factor, family factor, school factor and community factor. The special factors which have direct influence are the influence of domestic violence, the dissemination of media violence information and the stimulation of social consumption demand. As a result of the changes in the family structure, the rapid development of the social economy and the new media such as the Internet, minors have a better opportunity to contact and learn from the outside world than any previous generation, but with the violent turbulence of the external environment. Some bad external influences combined with the characteristics of minors also increase the possibility of robbery. The fourth chapter puts forward the targeted countermeasures to the crime of robbery of minors, mainly including paying attention to strengthening quality education, establishing film and television grading system, widely developing media education, and vigorously popularizing situational prevention. Scientific and effective punishment of crime and prevention of recidivism. First of all, we should pay attention to quality education, make minors shape good personality, have legal consciousness and rule of law idea, also can contain their robbery criminal behavior at the source. The main purpose of guiding and standardizing media communication is to restrict the content of media violence and to reduce the influence of media education on minors. Situational prevention is mainly based on the time of the crime of robbery by minors, the place of conduct and the characteristics of the victims who are also minors, and puts forward measures to strengthen the monitoring and control of the areas where minors rob frequently, such as around schools. And to strengthen the education of minors in the face of robbery should be brave to fight correctly. To crack down on the crime of robbery of minors scientifically and effectively is to strictly distinguish crime from non-crime, this crime and that crime through accurate conviction and sentencing. The correction of juvenile delinquents introduces the traditional correctional system of juvenile delinquents and the developing community correction, especially the latter has mature experience and applicable system in foreign countries, but our country starts late. In the aspect of applying this effective correction method to the crime of robbery of minors, it is necessary to perfect the relevant regulations as soon as possible in the aspects of legislation and enforcement system.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D669.5
本文编号：2121264
[Abstract]:The first chapter expounds the concept of the subject and the particularity of this crime according to the relevant laws and regulations of our country, and introduces the significance of the research on the crime of robbery of minors. The specific concept of minors has different provisions in different countries, mainly reflected in the criminal law, the difference between minors and adults applicable law. At the same time, due to the serious social harmfulness of the crime of robbery, the law of our country clearly stipulates that minors over the age of 14 shall bear criminal responsibility for them, and have made some special provisions according to the characteristics of minors. These constitute the basis of the crime of underage robbery. In the sense of research, the crime of robbery has great social harmfulness. In recent years, the crime of robbery of minors in our country has developed rapidly, which has greatly affected the social stability. It is of great practical significance to study the corresponding countermeasures. The second chapter focuses on the overall situation of the crime of robbery of minors at this stage, especially the emergence of new phenomena and trends due to the continuous development of society. This paper introduces the main characteristics of the robbery of minors, such as the younger age of crime, the gang of criminal methods, the specialization of criminal target, the adult crime means, and the serious harm of crime. The third chapter introduces the causes of juvenile robbery, including some common factors between the crime of robbery of minors and other types of crime and the special factors that cause the crime of robbery. Common factors include minor's own factor, family factor, school factor and community factor. The special factors which have direct influence are the influence of domestic violence, the dissemination of media violence information and the stimulation of social consumption demand. As a result of the changes in the family structure, the rapid development of the social economy and the new media such as the Internet, minors have a better opportunity to contact and learn from the outside world than any previous generation, but with the violent turbulence of the external environment. Some bad external influences combined with the characteristics of minors also increase the possibility of robbery. The fourth chapter puts forward the targeted countermeasures to the crime of robbery of minors, mainly including paying attention to strengthening quality education, establishing film and television grading system, widely developing media education, and vigorously popularizing situational prevention. Scientific and effective punishment of crime and prevention of recidivism. First of all, we should pay attention to quality education, make minors shape good personality, have legal consciousness and rule of law idea, also can contain their robbery criminal behavior at the source. The main purpose of guiding and standardizing media communication is to restrict the content of media violence and to reduce the influence of media education on minors. Situational prevention is mainly based on the time of the crime of robbery by minors, the place of conduct and the characteristics of the victims who are also minors, and puts forward measures to strengthen the monitoring and control of the areas where minors rob frequently, such as around schools. And to strengthen the education of minors in the face of robbery should be brave to fight correctly. To crack down on the crime of robbery of minors scientifically and effectively is to strictly distinguish crime from non-crime, this crime and that crime through accurate conviction and sentencing. The correction of juvenile delinquents introduces the traditional correctional system of juvenile delinquents and the developing community correction, especially the latter has mature experience and applicable system in foreign countries, but our country starts late. In the aspect of applying this effective correction method to the crime of robbery of minors, it is necessary to perfect the relevant regulations as soon as possible in the aspects of legislation and enforcement system.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D669.5
【参考文献】
相关期刊论文 前9条
1 周荣瑾;对未成年人抢劫犯罪司法处遇的思考[J];青少年犯罪问题;2004年03期
2 樊荣庆;未成年人司法保护的困境与对策思考[J];青少年犯罪问题;2005年02期
3 梅传强,李学刚;互联网对青少年犯罪心理形成的影响及防范措施[J];青少年犯罪问题;2005年05期
4 姜立强;张燕;;地域内社会流动中的农村青少年犯罪——以山东Y市63起抢劫案例为例[J];青少年犯罪问题;2007年03期
5 樊荣庆;;德国少年司法制度研究[J];青少年犯罪问题;2007年03期
6 刘星;李娜;;青少年抢劫犯罪研究[J];河北法学;2007年03期
7 向红;;未成年人暴力犯罪的社会成因及对策探析[J];经济师;2008年06期
8 樊敏;;当前未成年人抢劫犯罪的主要特点、成因及预防措施[J];晚霞;2008年11期
9 梁根林;非刑罚化——当代刑法改革的主题[J];现代法学;2000年06期
相关博士学位论文 前1条
1 王玲宁;媒介暴力对青少年影响的实证研究[D];复旦大学;2004年
相关硕士学位论文 前2条
1 张艳蓓;1960—1999年美国治理青少年暴力犯罪的政策演变及效用[D];东北师范大学;2003年
2 王源新;我国未成年人犯罪若干问题研究[D];武汉科技大学;2007年
，本文编号：2121264
本文链接：https://www.wllwen.com/falvlunwen/fanzuizhian/2121264.html
