街面犯罪的现状、成因及对策
发布时间：2018-08-04 09:41
【摘要】： 街面犯罪是指发生在街头、路面或犯罪起始地在街头、路面的刑事犯罪活动,主要类型有盗抢机动车、抢劫、抢夺、街头诈骗等。近年来,街面犯罪发案面积广,犯罪手段复杂多样,已对广大人民群众的生命财产安全和生活秩序造成严重威胁。由此,研究这类犯罪的现状、成因并提出相应对策已经成为当务之急。当前街面犯罪存在着以下特点:发案数量大幅上升;犯罪主体的成员构成日渐复杂化;犯罪形式多样化、专业化,且多为流窜作案;犯罪手段越发残忍;各类街面犯罪的犯罪对象都在具有特定性的同时具有变动性;犯罪危害性大,侦破困难。街面犯罪的发生是各种因素综合发生作用的结果。其中较为重要的因素包括:(1)我国正处在转型期,社会矛盾不断增加;(2)公安基层力量薄弱,街面环境特殊,侦查、取证难,给街面犯罪提供了可乘之机;(3)检、法机关定案标准高,案件诉讼难度大;(4)社会防控能力不强,群众防范意识差,诱使犯罪分子铤而走险。为了预防、打击街面犯罪,公安机关应做到以下一个方面:(1)注重多警种协作配合,以发挥警力的最大效能;(2)将警力尽可能压向路面、街头,并实行专业化作战;(3)实行非常规侦查措施和方法;(4)将打击街面犯罪的工作与其他公安行政管理、公安基础工作紧密结合;(5)做好犯罪预测工作;(6)加强公安机关破案后的宣传工作。检察机关应严格按照刑事诉讼法规定的逮捕条件审查批准逮捕街面犯罪嫌疑人,而不能人为提高批捕标准。在定罪方面,人民法院不能固守印证证明模式,不能过度强调各证据之间的外在的相互印证;在量刑方面,人民法院应正确适用刑罚,以发挥刑罚的威慑作用。犯罪是一种由政治、经济、文化、人口、社会、人文和自然环境引起的一种社会现象,街面犯罪也是如此。因此,对街面犯罪的治理也必须从这些方面入手,综合多种社会力量,运用各种手段和措施,通过消除或减少诱发犯罪的因素和原因等途径,有效防止、减少和遏制犯罪。在街面犯罪的预防中,我们应注重抑制犯罪动机,注重通过加强被害个体的自我防范、采取物防与技防手段、加强人力防控系统建设等方式限制犯罪机会和条件,注重预防重新犯罪。值得注意的是,我们要强调预防体系当中党委政府领导下公安机关的主导作用,在社会化预防体系的建设中适当引入市场化的运作机制。
[Abstract]:Street crime refers to the criminal activities occurring on the street, on the road or at the beginning of the crime on the street. The main types of criminal activities are vehicle theft, robbery, street fraud and so on. In recent years, the crime on the street has a wide area and a variety of criminal methods, which has posed a serious threat to the safety and order of life and property of the broad masses of the people. Therefore, it is urgent to study the present situation, cause of formation and put forward corresponding countermeasures of this kind of crime. At present, street crimes have the following characteristics: the number of crimes has increased substantially; the members of the main body of the crime are becoming more and more complicated; the forms of crime are diversified, specialized, and most of them are crimes committed in flight; the means of crime are becoming more and more cruel; All kinds of crime objects of street crime are changeable at the same time; the crime is harmful and difficult to detect. The occurrence of street crime is the result of the comprehensive action of various factors. Among them, the more important factors include: (1) our country is in a transitional period, and social contradictions are constantly increasing; (2) the basic forces of public security are weak, the street environment is special, it is difficult to investigate and obtain evidence, which provides an opportunity to take advantage of the street crimes; (3) the procuratorate and the legal organs have a high standard for determining a case. Case litigation is difficult; (4) the ability of social prevention and control is not strong, and the masses' awareness of prevention is poor, which induces criminals to take risks. In order to prevent and combat street crime, the public security organs should: (1) pay attention to the cooperation of various types of police in order to give full play to the maximum effectiveness of the police force; (2) put the police force on the road as far as possible, on the street, And carry out specialized operations; (3) carry out unconventional investigation measures and methods; (4) closely combine the work of cracking down on street crimes with other public security administration and basic work of public security; (5) do a good job of crime prediction; (6) strengthen the propaganda work after the public security organs solve cases. The procuratorial organ should examine and approve the arrest of street criminal suspects strictly in accordance with the conditions of arrest stipulated in the Criminal procedure Law, but can not artificially improve the standard of arrest approval. In the aspect of conviction, the people's court should not stick to the mode of proof and emphasize the external mutual confirmation among the evidences. In the aspect of sentencing, the people's court should apply the penalty correctly in order to play the deterrent role of the penalty. Crime is a social phenomenon caused by politics, economy, culture, population, society, humanities and natural environment, and so is street crime. Therefore, the management of street crime must start from these aspects, synthesize various social forces, use various means and measures, and effectively prevent, reduce and contain crime by eliminating or reducing the factors and causes of inducing crime. In the prevention of street crime, we should pay attention to restraining the motive of crime, to restricting the opportunities and conditions of crime by strengthening the self-defense of the injured individual, adopting the means of material and technical prevention, and strengthening the construction of manpower prevention and control system, etc. Focus on preventing recidivism. It is worth noting that we should emphasize the leading role of the public security organs under the leadership of the Party committee and the government in the prevention system and properly introduce a market-oriented operational mechanism in the construction of the socialized prevention system.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
本文编号：2163450
[Abstract]:Street crime refers to the criminal activities occurring on the street, on the road or at the beginning of the crime on the street. The main types of criminal activities are vehicle theft, robbery, street fraud and so on. In recent years, the crime on the street has a wide area and a variety of criminal methods, which has posed a serious threat to the safety and order of life and property of the broad masses of the people. Therefore, it is urgent to study the present situation, cause of formation and put forward corresponding countermeasures of this kind of crime. At present, street crimes have the following characteristics: the number of crimes has increased substantially; the members of the main body of the crime are becoming more and more complicated; the forms of crime are diversified, specialized, and most of them are crimes committed in flight; the means of crime are becoming more and more cruel; All kinds of crime objects of street crime are changeable at the same time; the crime is harmful and difficult to detect. The occurrence of street crime is the result of the comprehensive action of various factors. Among them, the more important factors include: (1) our country is in a transitional period, and social contradictions are constantly increasing; (2) the basic forces of public security are weak, the street environment is special, it is difficult to investigate and obtain evidence, which provides an opportunity to take advantage of the street crimes; (3) the procuratorate and the legal organs have a high standard for determining a case. Case litigation is difficult; (4) the ability of social prevention and control is not strong, and the masses' awareness of prevention is poor, which induces criminals to take risks. In order to prevent and combat street crime, the public security organs should: (1) pay attention to the cooperation of various types of police in order to give full play to the maximum effectiveness of the police force; (2) put the police force on the road as far as possible, on the street, And carry out specialized operations; (3) carry out unconventional investigation measures and methods; (4) closely combine the work of cracking down on street crimes with other public security administration and basic work of public security; (5) do a good job of crime prediction; (6) strengthen the propaganda work after the public security organs solve cases. The procuratorial organ should examine and approve the arrest of street criminal suspects strictly in accordance with the conditions of arrest stipulated in the Criminal procedure Law, but can not artificially improve the standard of arrest approval. In the aspect of conviction, the people's court should not stick to the mode of proof and emphasize the external mutual confirmation among the evidences. In the aspect of sentencing, the people's court should apply the penalty correctly in order to play the deterrent role of the penalty. Crime is a social phenomenon caused by politics, economy, culture, population, society, humanities and natural environment, and so is street crime. Therefore, the management of street crime must start from these aspects, synthesize various social forces, use various means and measures, and effectively prevent, reduce and contain crime by eliminating or reducing the factors and causes of inducing crime. In the prevention of street crime, we should pay attention to restraining the motive of crime, to restricting the opportunities and conditions of crime by strengthening the self-defense of the injured individual, adopting the means of material and technical prevention, and strengthening the construction of manpower prevention and control system, etc. Focus on preventing recidivism. It is worth noting that we should emphasize the leading role of the public security organs under the leadership of the Party committee and the government in the prevention system and properly introduce a market-oriented operational mechanism in the construction of the socialized prevention system.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
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