城镇化进程中的犯罪问题实证分析

发布时间：2018-05-18 14:40

本文选题：城镇化 + 犯罪　；参考：《西南政法大学》2015年博士论文

【摘要】：世界城市发展史证明,世界各国在城市化的道路上,都会不同程度地陷入城市化进程与犯罪率同步增长的“怪圈”,我国也概莫能外。城镇化建设成为21世纪我国现代化进程中所面临的首要难题。2011年中国内地城镇化率已经突破50%,中国城镇化将面临新的挑战。在党的十八大报告中,李克强总理明确指出城镇化是中国现代化进程中的重大战略。十八届三中全会提出推进城镇化建设的系列措施。然而中国城镇化相较于国外,经历时间短,发展速度快,社会矛盾集中爆发不可避免,而城镇化进程中日益严重的犯罪问题成为我们维护社会稳定的重大挑战。本论文研究关注我国城镇化进程中的犯罪率上升现象,在将“城镇化”和“犯罪”概念的内涵和外延加以界定并对相关犯罪学理论加以梳理的基础上,系统地分析了1983年以来我国犯罪的总体变化趋势,对城镇化环境下侵犯公民人身权利和财产权利的六大类主要犯罪特点进行全面剖析,并对城镇化程度、经济发展水平和人口因素三大类变量与犯罪的关系进行了客观的检验。具体而言,本论文共分为六章三大部分:第一章主要是对本论文中涉及的基础性概念“城镇化”和“犯罪”进行必要的界定,并对所依据的犯罪学理论进行梳理,以此做为研究的基点。城镇化与城市化具有同质性,二者只有规模的不同而无本质的区别。城镇化起源于工业革命,经济的飞速发展是城镇化的原动力,城镇化必然会导致人口的规模化迁移。理论上讲,城镇化程度应取决于工业化的水平,城镇化与工业化相结合构成了现代化。我国城镇化经历了从“严格控制大城市、合理发展小城市”到“适当控制大城市,大力发展小城镇”,再到“大中小城市和小城镇协调发展”,最后到“促进工业化、信息化、城镇化、农业现代化同步发展”的过程。在不同学科领域,“犯罪”概念有所差异。本文研究的是传统刑法领域的犯罪现象,更多地关注侵犯人身权利和财产权利的传统刑事犯罪在城镇化进程中的特点和变化趋势,同时对近年来广受关注的,与普通公民的日常生活紧密相关的食品犯罪和环境类犯罪以及在历次刑法修正案中出现的新的自然犯类型进行分析和探讨。第二章和第三章共同组成本文的第二大部分。该部分从城镇化视角,以中国统计年鉴数据、1983-2012年全国犯罪数据和2000-2013年重庆市犯罪嫌疑人数据为基础,对我国犯罪的历史变化趋势、主要犯罪类型的变化特点进行全面系统分析,以期将城镇化大背景下犯罪的变化趋势和当前主要犯罪的特点客观直接地呈现出来。第二章是以历史的视角审视1983年以来伴随城镇化进程的我国犯罪发案率的整体变化趋势。整体而言,随着城镇化发展,我国犯罪总数呈上升态势,但走向并不规则。两次全国性“严打”对犯罪率影响巨大,而两次“严打”开展的起因均与城镇化有直接关系。数据表明,“严打”不会降低犯罪率,只会制造更多的罪犯。刑事政策的变化也会对犯罪率趋势产生影响,而刑法修订是最典型的刑事政策变化,因此,分析探讨历次刑法修正对犯罪率的影响也十分重要。总体上讲,刑法修正对犯罪率产生的影响不大,但《刑法修正案(八)》的颁布实施,尤其是醉驾入刑,对犯罪率走向起到了较为明显的影响。第三章是对侵犯公民人身权利和财产权利的六种主要犯罪进行系统剖析和比较研究。这六种犯罪要么数量多,要么社会负面影响巨大,而且它们之和占所有犯罪的80%以上,其内涵与外延古今中外均相差不大,是通用的衡量社会稳定性的重要指标。随着城镇化的不断发展,城市变得更加有序,故意杀人和强奸犯罪因机会的减少而有所降低,但由于人口的大规模集中使人们产生矛盾的机会大大增加,故意伤害案件大幅增加。而同时由于经济的发展使侵财类犯罪的机会增加:盗窃做为最常见的犯罪类型,其发案数大幅提高;网络的普及降低了诈骗的成本和难度,此类犯罪上升趋势明显;虽然机会增加,但在视频监控等犯罪预防手段作用下,抢劫犯罪不升反降。第四章至第六章是对城镇化诸指标与不同犯罪类型的相关性进行的具体分析。需要说明的是,由于全国范围的城镇化诸变量和犯罪具体数据的获取极为困难,且对全国范围的干扰项无从把控,因此会导致数据缺失和细节疏忽,从而使分析误差加大,成果价值大大降低乃至丧失。鉴于此,笔者退而求其次,在这一部分采用重庆市直辖以来历史数据,确保研究成果的信度。同时,以省级数据为基础展开的分析,其效度也是可以接受的。该部分以重庆市统计年鉴和公安年鉴数据为基础,从城镇化率、经济发展和人口因素三个维度探讨城镇化与犯罪的相关性。由于中国城镇化率主要以常住人口为标准,受到国家的严格管控,因此它只是考量我国城镇化水平的指标之一。而经济发展、人口因素与城镇化紧密相关,从这三个维度进行分析更加客观和全面。第四章以重庆市城镇化率、城镇基础设施水平和城镇容纳能力为衡量指标,分析城镇化率与犯罪的相关性。研究发现:城镇化率与杀人犯罪发案率呈强负相关关系,而与盗窃和诈骗发案率则呈强正相关关系;城镇基础设施水平与杀人犯罪发案率呈负相关,而与盗窃和诈骗犯罪呈显著正相关关系;城镇容纳能力与杀人和抢劫犯罪的发案率呈负相关关系,而与盗窃案和诈骗案存呈强正相关关系;而强奸犯罪与上述指标均无显著相关。第五章分析了城镇化进程中经济因素与犯罪的相关性。研究发现:重庆市各功能区经济差距与犯罪率均不相关;但微观上,重庆市城乡收入差距与杀人犯罪发生率呈强负相关关系,与盗窃和诈骗犯罪发生率呈强正相关关系;重庆市城乡家庭恩格尔系数差与盗窃发生率呈中度负相关关系,与诈骗发生率呈强负相关关系。研究还发现:重庆市贫困与犯罪的关系密切,即除强奸罪外,其他五种犯罪类型发案率均与贫困发生率存在密切的相关性。然而,对于失业来说,除抢劫外,重庆市失业率变化与其他四类犯罪率的相关性关系均不显著。第六章系统分析了城镇化进程中人口因素与犯罪的相关性。研究发现:在城镇化进程中,人口分布变化与杀人案、盗窃案和诈骗案的发生具有较为显著的相关性;动态上,除强奸罪外,无论是人口流入还是人口流出,均与其他四种犯罪类型每万人犯罪率呈显著的正向关系;静态上,人口口密度与每万人杀人案犯罪发生率、每万人盗窃案犯罪发生率和每万人诈骗案犯罪发生率呈显著相关。
[Abstract]:The history of the development of the cities of the world proves that all countries in the world will fall into the "circle" of urbanization process and crime rate in different degrees on the road of urbanization. The urbanization construction has become the first difficult problem in the process of China's modernization in twenty-first Century. The urbanization rate in China has exceeded 50% in the year of.2011. In the eighteen major report of the party, Prime Minister Li Keqiang clearly pointed out that urbanization was a major strategy in the process of China's modernization. In the third Plenary Session of the 18th CPC Central Committee, a series of measures to promote the construction of urbanization were put forward. However, China's urbanization was short of time, rapid development and social contradictions erupted. Inevitably, the increasingly serious crime problem in the process of urbanization has become a major challenge to maintain social stability. This paper focuses on the rising phenomenon of crime rate in the process of urbanization in China, and defines the connotation and extension of the concept of "urbanization" and "crime" and the basis for combing the related criminology theory. In this paper, the general trend of the change of crime in China since 1983 is systematically analyzed, and the six major types of crime, which are infringed on citizens' personal rights and property rights under the environment of urbanization, are thoroughly analyzed, and the relationship between the degree of urbanization, the level of economic development and the three categories of population factors is examined objectively. This paper is divided into six chapters and three parts. The first chapter is the essential definition of the basic concept "urbanization" and "crime" involved in this paper, and combing the theory of criminology based on it, which is the basis of the study. The urbanization and urbanization are of the same quality, the two only have different scale. The essential difference. Urbanization originated from the industrial revolution. The rapid development of the economy is the motive force of the urbanization. Urbanization will inevitably lead to the large-scale migration of the population. In theory, the degree of urbanization should depend on the level of industrialization and the integration of urbanization and industrialization. The urbanization of China has experienced the "strict control of the big city". City, rational development of small cities "to" appropriate control of large cities, vigorously develop small towns ", and then to" small and medium-sized cities and small cities and towns coordinated development ", and finally to" promote industrialization, information, urbanization, agricultural modernization synchronous development ". In the class area, the concept of" crime "is different. This paper is a study of the tradition The criminal phenomenon in the field of criminal law pays more attention to the characteristics and changes of traditional criminal offences that infringe on personal rights and property rights in the process of urbanization. At the same time, it is new to the food crime and environmental crime, which is closely related to the daily life of ordinary citizens, as well as the emergence of new criminal amendments. The types of natural offense are analyzed and discussed. The second and third chapters constitute the second parts of this article. From the perspective of urbanization, this part is based on the data of China's statistical yearbook, the 1983-2012 year national crime data and the data of the criminal suspects in Chongqing for 2000-2013 years, and the trend of the historical change of the crime in China, the main types of crime. The characteristics of the change are systematically analyzed in order to present the trend of the change of crime and the characteristics of the current major crimes in the context of urbanization. The second chapter is a historical perspective to examine the overall trend of the incidence of crime in China, which has been accompanied by urbanization in 1983. The total number of crimes in China is on the rise, but the trend is irregular. The two national "severe fighting" has a great influence on the crime rate. The causes of the two "severe attacks" are all directly related to the urbanization. The data show that "severe beating" will not reduce the crime rate and only make more offenders. The change of criminal policy will also produce the crime rate trend. The revision of criminal law is the most typical change in criminal policy. Therefore, it is very important to analyze and discuss the influence of previous criminal law amendment on the crime rate. Generally speaking, the amendment of criminal law has little influence on the crime rate, but the promulgation and implementation of the amendment (eight) of the criminal law, especially the intoxicated driving, has been more obvious to the crime rate. The third chapter is a systematic analysis and comparative study of the six major crimes that infringe on the personal rights and property rights of the citizens. These six kinds of crimes are either a large number or a huge negative social impact, and they account for more than 80% of all the crimes. The connotation and extension of these crimes are not much different from that of the ancient and modern times. It is a common measure of social stability. Important qualitative indicators. With the continuous development of urbanization, cities have become more orderly, intentional homicide and rape crimes have been reduced because of the reduction of opportunities. However, because of the mass concentration of the population, the opportunities for contradictions are greatly increased, and the cases of intentional injury have increased significantly. Opportunities to increase: theft as the most common type of crime, the number of cases greatly improved; the popularity of the network has reduced the cost and difficulty of fraud, the trend of this kind of crime is obvious; although the opportunity increases, but under the role of video surveillance and other crime prevention measures, robbery crime does not rise and fall. The fourth to the sixth chapter is the indicators of urbanization and not The specific analysis of the correlation with the type of crime needs to be explained. It is necessary to explain that the acquisition of the nation-wide variables and the specific data of the crime is extremely difficult, and the national scope of the interference is not controlled, which leads to the lack of data and the negligence of details, which makes the analysis error increase, the value of the results is greatly reduced or even bereaved. In view of this, the author retreats and seeks the second. In this part, the historical data since Chongqing municipality directly under the central government is adopted to ensure the reliability of the research results. At the same time, the analysis based on the provincial data is acceptable. The part is based on the statistical yearbook of Chongqing and the data of the Public Security Yearbook, from the urbanization rate, economic development and population. The three dimensions of factors discuss the correlation between urbanization and crime. Since China's urbanization rate is mainly based on the standard of resident population, it is strictly controlled by the state. Therefore, it is only one of the indicators to measure the level of urbanization in China. The economic development, the population factors are closely related to the urbanization, and the analysis of the three dimensions is more objective and complete. The fourth chapter, based on the urbanization rate of Chongqing, the level of urban infrastructure and the capacity of town, analyzes the correlation between urbanization rate and crime. It is found that the rate of urbanization has a strong negative correlation with the incidence of crime, but it has a strong positive correlation with the rate of theft and fraud, and the level of urban infrastructure and homicide. There is a negative correlation between the crime incidence rate and the significant positive correlation with the crime of theft and fraud; the capacity of urban accommodation has a negative correlation with the incidence of crime of murder and robbery, and has a strong positive correlation with the cases of theft and fraud. The rape crime has no significant correlation with the above indicators. The fifth chapter analyses the economic causes in the process of urbanization. The study found that the economic gap between the functional areas of Chongqing is not related to the crime rate, but on the microcosmic point of view, the income gap between urban and rural areas of Chongqing has a strong negative correlation with the incidence of murder crime, and has a strong positive correlation with the incidence of theft and fraud, and the difference of Engel coefficient between urban and rural families in Chongqing and the incidence of theft is present. The relationship between moderate negative correlation and the incidence of fraud has a strong negative correlation. The study also found that the relationship between poverty and crime in Chongqing is close, that is, the incidence of the other five types of crime is closely related to the incidence of poverty, except for the crime of rape. However, in addition to the robbery, the unemployment rate changes in Chongqing and other four types of offenders for unemployment. The correlation of the rate of crime is not significant. The sixth chapter systematically analyzes the correlation between population factors and crime in the process of urbanization. It is found that in the process of urbanization, the change of population distribution has a significant correlation with the occurrence of murder cases, theft and fraud cases; in addition to the crime of rape, whether it is population inflow or population, in addition to the crime of rape. The outflow has a significant positive relationship with the rate of crime per 10000 people of the other four types of crime. In static, the rate of population density is closely related to the incidence of murder per 10000 people, the incidence of theft crime per 10000 people and the incidence of crime per 10000 fraud cases.
【学位授予单位】：西南政法大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D924.3

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