中国与俄罗斯黑社会组织犯罪比较研究
发布时间：2019-06-17 21:54
【摘要】： 进入20世纪以来,人类社会组织化程度的不断提高,犯罪的组织化程度也明显加强,黑社会组织犯罪逐渐成为人们关注的焦点。我国和其他国家虽然对黑社会组织犯罪进行了一定数量的立法,但效果甚微,黑社会组织的发展势头不但没有被遏制,随着国际化进程大有呈现出跨国发展的趋势。 俄罗斯作为世界上黑社会组织犯罪最猖獗的国家之一,无论是从俄罗的国情还是从俄罗斯的时代变迁的社会背景、地缘关系去考虑俄罗斯的黑社会组织犯罪,与我国的黑社会组织犯罪相比都有其相似性,但是由于我国与俄罗斯在政治、经济、文化等影响黑社会组织犯罪的各种因素上的存在差异,中国与俄罗斯的黑社会组织组在历史发展、组织化程度、组织结构、社会危害性以及立法状况等方面都存在较大的差异。 本文首先对黑社会组织的概念进行了界定,并系统的阐述了黑社会组织犯罪、黑社会性质组织犯罪以及有组织犯罪的关系,其次,对中国与俄罗斯黑社会组织犯罪的历史、现状以及发展状况进行了论述,再者,从中国与俄罗斯黑社会组织的发展状况、组织化程度、组织结构、活动范围、社会背景以及立法状况进行比较分析,为完善中国对黑社会组织犯罪的惩治和预防对策提供理论支持,最后从完善立法并增加财产刑、增设黑社会性质组织犯罪的罪名并加重法定刑、完善证据制度、建立专门的反黑社会组织机构四个方面为我惩治和预防黑社会组织犯罪提出了建议。
[Abstract]:Since the 20th century, the degree of human society's organization has been improved, and the degree of organized crime is obviously enhanced, and the crime of the underworld is gradually becoming the focus of people's attention. Although China and other countries have made a certain number of legislation on the crime of the underworld, the effect is very little, and the development momentum of the underworld organization has not been contained. As one of the most rampant crimes in the world, Russia is one of the most rampant crimes in the world, whether from the national condition of Russia or the social background of the transition from the time of Russia, to consider the criminal of the underworld of Russia, and to have it compared with the crime of the underworld of our country. On the basis of the differences between China and Russia on various factors, such as politics, economy, culture and so on, China and Russia's underworld organizations group have a historical development, a degree of organization and a group. The weaving structure, the social harmfulness, the legislative situation and so on exist. The article first defines the concept of the underworld, and expounds the relationship between the crime of the underworld, the organized crime of the underworld and the organized crime, and then the history, the present situation and the development of the crime of the Chinese and Russian underworld. The situation is discussed, and the development status, organization degree, organization structure, activity scope, social background and the legislative situation of the Chinese and Russian underworld organizations are compared and analyzed, so as to improve the punishment and prevention of the crime of the underworld organized by China. To provide theoretical support, in the end, we will punish and prevent the underworld organizations from the four aspects of perfecting the legislation and increasing the penalty of property, the addition of the crime of organized crime of the underworld and the law punishment, the improvement of the evidence system, the establishment of a special anti-triad organization.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
本文编号：2501292
[Abstract]:Since the 20th century, the degree of human society's organization has been improved, and the degree of organized crime is obviously enhanced, and the crime of the underworld is gradually becoming the focus of people's attention. Although China and other countries have made a certain number of legislation on the crime of the underworld, the effect is very little, and the development momentum of the underworld organization has not been contained. As one of the most rampant crimes in the world, Russia is one of the most rampant crimes in the world, whether from the national condition of Russia or the social background of the transition from the time of Russia, to consider the criminal of the underworld of Russia, and to have it compared with the crime of the underworld of our country. On the basis of the differences between China and Russia on various factors, such as politics, economy, culture and so on, China and Russia's underworld organizations group have a historical development, a degree of organization and a group. The weaving structure, the social harmfulness, the legislative situation and so on exist. The article first defines the concept of the underworld, and expounds the relationship between the crime of the underworld, the organized crime of the underworld and the organized crime, and then the history, the present situation and the development of the crime of the Chinese and Russian underworld. The situation is discussed, and the development status, organization degree, organization structure, activity scope, social background and the legislative situation of the Chinese and Russian underworld organizations are compared and analyzed, so as to improve the punishment and prevention of the crime of the underworld organized by China. To provide theoretical support, in the end, we will punish and prevent the underworld organizations from the four aspects of perfecting the legislation and increasing the penalty of property, the addition of the crime of organized crime of the underworld and the law punishment, the improvement of the evidence system, the establishment of a special anti-triad organization.
【学位授予单位】：新疆大学
【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 李玲;黑社会性质组织罪之被害人损害救济初探[D];山东大学;2012年
，本文编号：2501292
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