转型期的中国黑社会（性质）组织犯罪成因及其防治对策研究
发布时间：2019-05-20 16:02
【摘要】： 黑社会(性质)组织通过实施各种违法犯罪行为,来攫取巨额利润,极为恶劣地影响到人民的生活,破坏社会、经济秩序,甚至已将魔爪深入到政治领域,干扰国家正常的政治生活,进而更进一步影响到国家经济和社会安全,在世界范围内具有共同性。打击、防范黑社会(性质)组织犯罪已经成为一个刻不容缓的严峻社会问题,对此不仅要加大司法惩治力度,更需要多部门联合行动;还要完善相关反黑立法与制度建设,加强国际反黑合作。本文立足于中国转型期这个特殊国情,通过分析黑社会(性质)组织犯罪产生的原因和发展壮大的规律,提出反黑社会(性质)组织犯罪的基本方略和具体防治对策,以期为我国反黑社会(性质)组织犯罪斗争顺利和深入的开展提供对策建议。 本论文内容分为五部分: 第一章为黑社会(性质)组织犯罪的成因基础理论。首先阐述了黑社会(性质)组织犯罪的成因研究的必要性和研究现状,指出:我国的黑社会性质组织犯罪已经有向黑社会组织犯罪发展的趋势,而我国立法规定和司法斗争的实践却相对滞后,不利于打击和防范黑社会(性质)组织犯罪活动。对黑社会(性质)组织犯罪成因的理论研究,国外主要是美国比较领先,国内的相对较少。其次对国内外各种成因理论和中国当前转型期黑社会(性质)组织犯罪的发展规律和成因进行分析。国外的有组织犯罪成因理论主要有:生态学派理论或人类学派理论、社会失范理论、区别交往理论、文化传输理论、种族继承理论、社会控制理论;国内有关黑社会(性质)犯罪的成因理论主要有:自组织原因论、同步论、渗透论、国家—社会范式分析论等。通过分析,进一步深入剖析了黑社会(性质)组织犯罪的成因和发展规律,为打击和防范黑社会(性质)组织犯罪提供理论指导和帮助。 第二章中国黑社会(性质)组织犯罪的成因分析。宏观层面讲,我国目前正面临社会转型,社会转型所带来的社会结构、文化结构、政治结构等整体性变迁是目前黑社会(性质)组织犯罪产生的社会基础。其中包括转型期的犯罪亚文化是黑社会(性质)组织犯罪产生的文化土壤,腐败为黑社会(性质)组织犯罪提供了外在力量基础,使得打击黑社会(性质)组织犯罪更加困难;以小家庭为单位的社会结构使得人与人之间的关系疏远,远离了传统道德规范、习俗的约束,社会控制力逐渐弱化,这种弱化为黑社会(性质)组织犯罪创造了环境条件。微观层面,主要是从心理学角度审视黑社会(性质)组织犯罪的个体原因。 第三章、第四章和第五章为防范和打击黑社会(性质)组织犯罪的对策研究。第三章是对国外和港澳地区黑社会组织犯罪的防治对策进行考察,国外和港澳地区的对策考察主要包括立法和司法两个方面,立法包括实体法和程序法上的规定,司法包括开展反黑专项斗争、反黑战略战术、加强与金融机构合作、加强国际和区际合作等。第四章是对我国大陆黑社会(性质)组织犯罪防范和打击的现有对策进行分析和阐述,指出我国黑社会性质组织犯罪的立法规定缺乏系统性和完备性,司法工作体制亦不健全,与其他国家相比尚需要改进和完善。第五章根据对我国目前的黑社会(性质)组织犯罪的成因和发展趋势的分析,提出立法和司法对策的构建。建议分别从宏观和微观两个层面提出:宏观层面上,一是总的战略方针,即“加强社会治安综合治理,打防结合,预防为主”的战略方针,并注重全球化和中国目前正处于社会转型期这两个时代特征;二具体来讲就是需要加强社会主义民主政治建设、加强经济建设,深化经济体制改革,完善社会主义市场经济体制,规范社会主义市场秩序,还要加强文化与思想道德建设;微观层面上,一是加强和完善反黑司法基础工作,如加强社区控制,落实社会治安综合治理,建立专门的反黑机构,加强国际反黑工作合作等;二是完善相关立法规定,包括实体法和程序法的健全与完善。
[Abstract]:The underworld (nature) organization, through the implementation of various illegal and criminal acts, has severely affected the life of the people, destroyed the social and economic order, and even deeper into the political field and interfered with the normal political life of the state. Furthermore, the economic and social security of the State is further affected, and it is common in the world. To combat and prevent the organized crime of the underworld has become an urgent and serious social problem. It is not only necessary to strengthen the judicial punishment, but also the joint action of the multi-departments, and also to improve the relevant anti-black legislation and system construction, and to strengthen the international anti-black cooperation. Based on the special situation of China's transitional period, this paper puts forward the basic plan and the concrete control measures of the anti-triad (nature) organization crime by analyzing the causes and the development of the crime of the underworld (nature), The aim of this paper is to provide some suggestions for the smooth and in-depth implementation of the anti-triad (nature) organized crime in China. The contents of this paper are divided into Part V: The first chapter is an organized crime of the underworld (nature) The basic theory of the origin of the organized crime of the underworld is described in the first part. The necessity and the present situation of the study on the origin of the organized crime of the underworld are described in the first part. It is pointed out that the organized crime of the underworld in our country has the tendency of crime development to the underworld, and the legislative provisions in China and the judicial struggle The practice is relatively lagging, which is not conducive to the fight against and guard against the underworld. Organized crime. The theoretical study of the cause of organized crime of the underworld (nature), and the foreign country is mainly the leading of the United States, The relatively few domestic and foreign origin theory and the development law of the crime of organized crime in China's current transition period The origin of organized crime abroad is: the theory of the ecological school or the theory of the human school, the theory of social anomie, the theory of different communication, the theory of cultural transmission, the theory of racial inheritance, the theory of social control, and the crime of the gangland in China. The main causes of the cause theory are: the self-organization reason theory, the synchronization theory, the penetration theory, the national development society Through the analysis, the origin and development of the organized crime of the underworld (nature) are further analyzed, and the crime of organized crime of the underworld (nature) is provided. The theory direction and help. Chapter 2: China's underworld (sex) The analysis of the cause of the organized crime. At the macro level, China is facing the social transformation, the social structure, the cultural structure and the political structure brought by the social transformation are the present underworld (nature) The social basis of organized crime, including the criminal subculture in the transitional period, is the cultural soil produced by the organized crime of the underworld (nature), and the corruption provides an external force basis for the organized crime of the underworld (nature), so as to fight the underworld (nature). It is more difficult to organize the crime; the social structure, which is the unit of the small family, alienates the relationship between the person and the person, and is far from the traditional moral standard and the custom's restriction, and the social control force is gradually weakened, and the weakening is the underworld (nature) Organized crime has created an environmental condition. At the micro level, it is mainly from the point of view of psychology to look at the underworld. The individual causes of organized crime. The third, the fourth and the fifth chapter are to prevent and combat the black. The third chapter is to study the prevention and control of the organized crime of the underworld in the foreign countries and the Hong Kong, Macao and Macao, and the countermeasures in the foreign countries and the Hong Kong and Macao areas mainly include both the legislative and the judicial aspects. The legislation includes the substantive law and the procedural law. Provision is made for the administration of justice, including anti-black special struggle, anti-black strategy and tactics, strengthening and finance The fourth chapter is to analyze and expound the existing countermeasures to prevent and combat the organized crime of the Chinese mainland, and point out the lack of systematicness of the legislation of the organized crime of the underworld of our country. and the system of judicial work is not sound, Compared with other countries, there is still a need for improvement and improvement. The fifth chapter is based on the origin and development trend of the crime of organized crime in our country. This paper analyzes and puts forward the construction of the legislation and the judicial countermeasures. It is suggested that the macro-level, the first is the overall strategic approach, that is, the strategic approach of the "To strengthen the comprehensive management of public security, prevent and combine, and put prevention first", and focus on the globalization and the present situation of China in particular, it is necessary to strengthen that socialist democratic political construction, strengthen the economic construction, deepen the reform of the economic system, improve the socialist market economic system, regulate the order of the socialist market, and strengthen the socialist market On the micro level, one is to strengthen and improve the basic work of anti-black justice, such as strengthening community control, implementing comprehensive management of public security, establishing special anti-black institutions, strengthening international anti-black work cooperation, etc., and perfecting relevant legislative provisions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
本文编号：2481762
[Abstract]:The underworld (nature) organization, through the implementation of various illegal and criminal acts, has severely affected the life of the people, destroyed the social and economic order, and even deeper into the political field and interfered with the normal political life of the state. Furthermore, the economic and social security of the State is further affected, and it is common in the world. To combat and prevent the organized crime of the underworld has become an urgent and serious social problem. It is not only necessary to strengthen the judicial punishment, but also the joint action of the multi-departments, and also to improve the relevant anti-black legislation and system construction, and to strengthen the international anti-black cooperation. Based on the special situation of China's transitional period, this paper puts forward the basic plan and the concrete control measures of the anti-triad (nature) organization crime by analyzing the causes and the development of the crime of the underworld (nature), The aim of this paper is to provide some suggestions for the smooth and in-depth implementation of the anti-triad (nature) organized crime in China. The contents of this paper are divided into Part V: The first chapter is an organized crime of the underworld (nature) The basic theory of the origin of the organized crime of the underworld is described in the first part. The necessity and the present situation of the study on the origin of the organized crime of the underworld are described in the first part. It is pointed out that the organized crime of the underworld in our country has the tendency of crime development to the underworld, and the legislative provisions in China and the judicial struggle The practice is relatively lagging, which is not conducive to the fight against and guard against the underworld. Organized crime. The theoretical study of the cause of organized crime of the underworld (nature), and the foreign country is mainly the leading of the United States, The relatively few domestic and foreign origin theory and the development law of the crime of organized crime in China's current transition period The origin of organized crime abroad is: the theory of the ecological school or the theory of the human school, the theory of social anomie, the theory of different communication, the theory of cultural transmission, the theory of racial inheritance, the theory of social control, and the crime of the gangland in China. The main causes of the cause theory are: the self-organization reason theory, the synchronization theory, the penetration theory, the national development society Through the analysis, the origin and development of the organized crime of the underworld (nature) are further analyzed, and the crime of organized crime of the underworld (nature) is provided. The theory direction and help. Chapter 2: China's underworld (sex) The analysis of the cause of the organized crime. At the macro level, China is facing the social transformation, the social structure, the cultural structure and the political structure brought by the social transformation are the present underworld (nature) The social basis of organized crime, including the criminal subculture in the transitional period, is the cultural soil produced by the organized crime of the underworld (nature), and the corruption provides an external force basis for the organized crime of the underworld (nature), so as to fight the underworld (nature). It is more difficult to organize the crime; the social structure, which is the unit of the small family, alienates the relationship between the person and the person, and is far from the traditional moral standard and the custom's restriction, and the social control force is gradually weakened, and the weakening is the underworld (nature) Organized crime has created an environmental condition. At the micro level, it is mainly from the point of view of psychology to look at the underworld. The individual causes of organized crime. The third, the fourth and the fifth chapter are to prevent and combat the black. The third chapter is to study the prevention and control of the organized crime of the underworld in the foreign countries and the Hong Kong, Macao and Macao, and the countermeasures in the foreign countries and the Hong Kong and Macao areas mainly include both the legislative and the judicial aspects. The legislation includes the substantive law and the procedural law. Provision is made for the administration of justice, including anti-black special struggle, anti-black strategy and tactics, strengthening and finance The fourth chapter is to analyze and expound the existing countermeasures to prevent and combat the organized crime of the Chinese mainland, and point out the lack of systematicness of the legislation of the organized crime of the underworld of our country. and the system of judicial work is not sound, Compared with other countries, there is still a need for improvement and improvement. The fifth chapter is based on the origin and development trend of the crime of organized crime in our country. This paper analyzes and puts forward the construction of the legislation and the judicial countermeasures. It is suggested that the macro-level, the first is the overall strategic approach, that is, the strategic approach of the "To strengthen the comprehensive management of public security, prevent and combine, and put prevention first", and focus on the globalization and the present situation of China in particular, it is necessary to strengthen that socialist democratic political construction, strengthen the economic construction, deepen the reform of the economic system, improve the socialist market economic system, regulate the order of the socialist market, and strengthen the socialist market On the micro level, one is to strengthen and improve the basic work of anti-black justice, such as strengthening community control, implementing comprehensive management of public security, establishing special anti-black institutions, strengthening international anti-black work cooperation, etc., and perfecting relevant legislative provisions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
【引证文献】
相关硕士学位论文 前1条
1 刘勇斌;略论黑社会性质组织犯罪的预防和控制[D];中央民族大学;2010年
，本文编号：2481762
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