我国黑社会（性质）组织犯罪原因研究
发布时间：2018-11-28 17:09
【摘要】： 犯罪是孤立的个人反对统治阶级关系的斗争,随着社会的发展,犯罪已逐渐向专业化、集团化方向发展。近年来我国黑社会(性质)组织犯罪待势高涨、气焰嚣张,并从东南沿海向全国各地渗透、蔓延,成为学术界和司法界关注的焦点。 在总结分析前人研究成果的基础上,立足理论结合实际,透过黑社会(性质)组织犯罪的各种表面现象,深刻剖析其犯罪原因,希望能为完善立法、预防和打击黑社会(性质)组织犯罪提供理论依据。 首先简要评述我国大陆地区、港澳台地区及国外一些研究黑社会(性质)组织犯罪原因颇具有代表性的观点,分析其优势和不足,并在此基础上探索我国黑社会(性质)组织犯罪的特殊原因。其次我国黑社会(性质)组织犯罪的存在和发展既离不开其犯罪的各种普遍原因,同时也有其自身的特殊原因。在这些特殊原因中,政治因素是温床、经济因素是基础、社会因素是外力。政治上的腐败和因此而产生的权力寻租是黑社会(性质)组织寻求权力保护的催生激素；市场经济体制不完善而导致的非法市场的大量存在是黑社会(性质)组织牟取暴利的最大诱因；社会控制力减弱和政府对黑社会(性质)组织犯罪的打击力度不够是黑社会(性质)组织暴力犯罪猖獗的外在条件。最后除了这些特殊因素以外,我国黑社会(性质)组织犯罪还受各种历史因素与外来因素的影响。我国黑社会(性质)组织犯罪并非某个特定历史时期的产物,而是具有历史继承性的,在其发展和蔓延过程中受到封建帮会思想、封建等级观念、封建权威观和封建亲情观等各种封建腐朽思想和文化的感染、侵蚀。同时境外黑社会势力的扩张与渗透、外来腐朽文化的激荡等外来因素的影响也是我国黑社会(性质)组织犯罪得以发展和蔓延的又一个重要原因。
[Abstract]:Crime is an isolated individual struggle against the relationship between the ruling class. With the development of society, crime has gradually developed towards specialization and collectivization. In recent years, the organized crime of underworld (nature) in our country has become the focus of academic and judicial circles because of its upsurge and arrogance, and its infiltration and spread from the southeast coast to all parts of the country. On the basis of summing up and analyzing the previous research results, based on the combination of theory and practice, through the various superficial phenomena of organized crime of underworld (nature), the author deeply analyzes the causes of the crime, hoping to perfect the legislation. To prevent and combat the organized crime of underworld (nature) provides the theoretical basis. First of all, a brief review of the mainland of China, Hong Kong, Macao and Taiwan, as well as some foreign research on the causes of triad (nature) organized crime quite representative point of view, analysis of its advantages and disadvantages, On this basis, it explores the special reasons of the organized crime of underworld in our country. Secondly, the existence and development of the organized crime of underworld (nature) in our country is not only inseparable from the various common reasons of its crime, but also has its own special reasons. Among these special reasons, the political factor is the hotbed, the economic factor is the foundation, and the social factor is the external force. Political corruption and the resulting power rent-seeking is the birth hormone of underworld organizations seeking power protection. The existence of a large number of illegal markets caused by the imperfect market economy system is the biggest inducement for the underworld organizations to make huge profits. The weakening of social control and the insufficient crackdown on the organized crime by the government are the external conditions for the rampant violent crime organized by the underworld. Finally, in addition to these special factors, the organized crime of underworld in our country is also influenced by various historical factors and external factors. The organized crime of underworld (nature) in our country is not the product of a certain historical period, but has the historical inheritance, and in the course of its development and spread, it is subjected to the idea of feudal gang and the concept of feudal hierarchy. Feudal view of authority and feudal view of family feelings and other feudal decadent ideas and culture infection, erosion. At the same time, the influence of foreign factors such as the expansion and infiltration of the foreign underworld forces and the agitation of decadent foreign culture is another important reason for the development and spread of the organized crime of the underworld (nature) in our country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D917.1
本文编号：2363642
[Abstract]:Crime is an isolated individual struggle against the relationship between the ruling class. With the development of society, crime has gradually developed towards specialization and collectivization. In recent years, the organized crime of underworld (nature) in our country has become the focus of academic and judicial circles because of its upsurge and arrogance, and its infiltration and spread from the southeast coast to all parts of the country. On the basis of summing up and analyzing the previous research results, based on the combination of theory and practice, through the various superficial phenomena of organized crime of underworld (nature), the author deeply analyzes the causes of the crime, hoping to perfect the legislation. To prevent and combat the organized crime of underworld (nature) provides the theoretical basis. First of all, a brief review of the mainland of China, Hong Kong, Macao and Taiwan, as well as some foreign research on the causes of triad (nature) organized crime quite representative point of view, analysis of its advantages and disadvantages, On this basis, it explores the special reasons of the organized crime of underworld in our country. Secondly, the existence and development of the organized crime of underworld (nature) in our country is not only inseparable from the various common reasons of its crime, but also has its own special reasons. Among these special reasons, the political factor is the hotbed, the economic factor is the foundation, and the social factor is the external force. Political corruption and the resulting power rent-seeking is the birth hormone of underworld organizations seeking power protection. The existence of a large number of illegal markets caused by the imperfect market economy system is the biggest inducement for the underworld organizations to make huge profits. The weakening of social control and the insufficient crackdown on the organized crime by the government are the external conditions for the rampant violent crime organized by the underworld. Finally, in addition to these special factors, the organized crime of underworld in our country is also influenced by various historical factors and external factors. The organized crime of underworld (nature) in our country is not the product of a certain historical period, but has the historical inheritance, and in the course of its development and spread, it is subjected to the idea of feudal gang and the concept of feudal hierarchy. Feudal view of authority and feudal view of family feelings and other feudal decadent ideas and culture infection, erosion. At the same time, the influence of foreign factors such as the expansion and infiltration of the foreign underworld forces and the agitation of decadent foreign culture is another important reason for the development and spread of the organized crime of the underworld (nature) in our country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D917.1
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