社会转型时期农民工犯罪原因及对策研究
发布时间：2018-08-16 16:08
【摘要】： “农民工”是近十年来才流行的一个名词。伴随着城镇化进程的加快,转移农村剩余劳动力的需要,提高农民收入的迫切要求,大量的农村劳动力涌入了各大中城市。这些劳动力来到城镇主要从事第二、三产业劳动,社会上把这些人称为“农民工”。农民工是我国在计划经济向市场经济社会转型过程中形成的一种特殊群体,是指常年或者大部分时间在城市企业务工,但户籍仍在农村的一部分群体。“农民工”这一概念首先是一种身份的表征,即户籍制规定下的农民,其次才表示一种职业,即城市中从事各种职业的工人。2004年,全国总工会会同国家统计局开展的第五次全国职工队伍状况调查显示,到2003年底,中国的就业人数达到74423万人,第二、三产业吸纳的劳动力达37886万人,其中国有和集体所有单位的职工已分别下降为6621万人和950万人。这意味着在现阶段,我国农民工数量已超过2亿,已经成为城市社会群体中的重要组成部分,形成了一股不可忽视的社会力量。农民进城务工为城市建设和经济发展作出了重大贡献,但是由于历史的和现实的原因形成的农民工自身素质低下及决策和管理部门对农民进城务工问题认识上的不足,导致计划经济下形成的城乡二元体制与农民进城务工产生严重冲突,求职困难并且只能从事低端劳动的农民工处境艰难,由此产生了一系列复杂的社会问题,农民工犯罪率不断上升。 农民工犯罪是我国社会转型期中出现并不可避免的问题。我国历史以来形成的以农养工,以乡养城模式,导致了农村与城市发展严重不平衡。在当前经济变革和社会转型时期,各种新旧体制、观念发生激烈碰撞必然产生大量社会矛盾,农民工犯罪就是其中的一个产物。在社会转型期,新旧体制交替并存,旧体制尚未完全消失,新体制尚未完善,在这种情况下社会管理难免出现漏洞,社会控制力在某些方面有所降低。再加上我国长期形成的二元社会结构的存在,使得我国城乡差别巨大,城市化水平滞后,吸纳力有限,而在二元社会结构下积蓄的大量的农村剩余劳动力能量,随着户籍制度的松动和对人口流动限制的逐渐放开而释放,导致了“民工潮”现象的出现。这些被城市巨变的洪流卷入城市的农村人口大都满怀希望,企图通过地域之间的单纯性流动来达到自身生活水平的提高,因此,带有极大的盲目性、从众性和片面性。而接纳“民工潮”的城市,面对汹涌的农民工大军,传统的静态的社会控制机制已经远远不能适应新的形势需要,同时,城市居民面对如此大规模涌入城市的“民工潮”短期内难以适应,极易产生冲突和摩擦。在这样的背景下,农民工犯罪则不可避免的产生了。对农民工犯罪的研究本文从以下几个部分进行论述: 一、社会转型的界定。对于社会转型的涵义,不同的学者有不同的理解,虽然对社会转型涵义的理解不同,但是有一点是相同的,即社会转型的核心内容是从传统社会向现代化社会的转变。转型时期整个社会矛盾有着特殊的复杂性,社会冲突增多与激化常常难以避免,作为社会冲突极端化表现形式的犯罪将会日益扩张。从农村来到城市打工与生活的农民工群体正好处于经济市场化与人口非农化、城市化这两个巨大社会转型的交叉点,承接着两大社会转型所带来的各种主要社会矛盾和社会冲突,城市外来农民工犯罪便是这些矛盾与冲突在他们那里日益复杂化与尖锐化的结果。 二、农民工犯罪的发展发展变化阶段、现状及特点。根据犯罪统计资料分析,农民工犯罪的发展变化大致可以划分为三个不同阶段。1、初始阶段。20世纪70年代末至80年代中期,是我国农民工犯罪发展变化的初始阶段。2、发展阶段。20世纪80年代中期至90年代初期,出现了一个农村劳动力进城高潮,也是我国农民工犯罪的发展阶段。3、严重化阶段。20世纪90年代初至今,农民大量涌入城市,是我国农民工犯罪发展变化的严重化阶段。农民工犯罪的现状不仅表现在犯罪案件数量比例上的增加,也体现在犯罪的严重性上的加重。农民工犯罪有以下特点:侵财性、季节性、低文化低龄化趋势、团伙性、流动性、自力救济性。 三、农民工犯罪的原因。1、社会背景因素。我国社会现在正处在转型期,社会转型期是社会问题包括犯罪问题的多发期。2、城乡二元结构政策下的户籍制度。二元户籍制度使农民与城市居民地位差别巨大。愤懑的心理容易造成农民工犯罪心理。3、经济因素。对于以谋财为特征的农民工犯罪来说,经济因素是至关重要的原因。4、文化原因。农民工进入城市后,脱离了农村原有文化道德和风俗习惯的约束控制,这就大大弱化了他们的自我遏制系统,必然导致大量犯罪的发生。5、社会环境因素。整个社会对农民工的歧视导致犯罪发生。6、农民工维权成本过高。时间成本、经济成本使得他们放弃法律途径,进而寻求非法的维权渠道。7、农民工个体因素。文化水平低,决定了农民工择业的选择面非常窄。法制观念淡薄,对现代社会的适应能力差,自我心理控制和自我调节能力差。 四、农民工犯罪的预防对策。从近期来看,建立农民工维权机制,针对农民工犯罪人实行宽严相济的刑事政策。从长远看,抓经济,重教育,改政策。打破二元社会结构,消除社会歧视,建立平等公正的居民社会。 笔者认为,在构建和谐社会的进程中必须认真解决农民工犯罪问题,从而降低农民工犯罪率,这有利于保障公民的合法权益,有利于城乡协调发展,有利于加快工业化和城镇化建设,有利于“三农”问题的解决,有利于社会的和谐稳定。
[Abstract]:With the acceleration of urbanization process, the need to transfer surplus rural labor force and the urgent need to raise farmers'income, a large number of rural labor force has poured into large and medium-sized cities. These labor force come to cities and towns mainly engaged in secondary and tertiary industry labor, which is called by society. Migrant workers are a special group formed during the transition from planned economy to market economy society in China, which refers to those who work in urban enterprises all year or most of the time, but whose household registration is still in the countryside. In 2004, the Fifth National Staff and Workers'Survey conducted by the All-China Federation of Trade Unions and the State Bureau of Statistics showed that by the end of 2003, the number of employees in China had reached 744.23 million. Secondly, the tertiary industry had absorbed 378.86 million workers, including state-owned and collective-owned enterprises. The number of migrant workers has dropped to 66.21 million and 9.5 million respectively. This means that the number of migrant workers in China has exceeded 200 million at this stage, and has become an important part of urban social groups, forming a social force that can not be ignored. The low quality of the peasant workers themselves and the insufficiency of the decision-making and management departments in understanding the peasants'migrant work in cities have resulted in the serious conflict between the urban-rural dual system formed under the planned economy and the peasants' migrant work in cities. The peasant workers who are difficult to find jobs and can only engage in low-end labor are in a difficult situation. A series of complex social problems, the crime rate of migrant workers is rising.
Crime committed by peasant workers is an unavoidable problem in the period of social transformation in China.The pattern of farming for workers and countryside for cities has resulted in a serious imbalance between rural and urban development.In the current period of economic transformation and social transformation, the fierce collision between old and new systems and concepts will inevitably lead to a large number of social contradictions. In the period of social transformation, the old and new systems have not completely disappeared, and the new system has not yet been perfected. In this case, the social management inevitably appears loopholes, and the social control power has been reduced in some aspects. With the loosening of the household registration system and the gradual liberalization of the restrictions on the flow of population, the energy of rural surplus labor accumulated under the dual social structure is released, resulting in the emergence of the phenomenon of "migrant worker tide". Most of them are full of hope, trying to improve their living standards through the simple flow between regions. Therefore, it has great blindness, conformity and one-sidedness. At the same time, it is difficult for urban residents to adapt to such a large-scale influx of "migrant workers" in the short term, and they are prone to conflict and friction. Under such a background, the crime of migrant workers is inevitable.
First, the definition of social transformation. Different scholars have different understandings of the meaning of social transformation. Although they have different understandings of the meaning of social transformation, one thing is the same, that is, the core content of social transformation is the transformation from traditional society to modern society. Rapid increase and intensification are often unavoidable, and crime, as the extreme manifestation of social conflict, will be expanding day by day. The main social contradictions and social conflicts, urban migrant workers crime is the result of these contradictions and conflicts in their increasingly complex and acute.
According to the analysis of crime statistics, the development and change of peasant workers'crime can be roughly divided into three different stages. 1. Initial stage. From the end of 1970s to the middle of 1980s, it is the initial stage of the development and change of peasant workers' crime. 2. Development stage. 1980s From the mid-1990s to the early 1990s, there was a high tide of rural labor force entering the city, which was also the development stage of migrant workers'crime. The increase also reflects the aggravation of the seriousness of the crime. The crimes committed by peasant workers have the following characteristics: property invasion, seasonality, the trend of low cultural age, gang nature, mobility, self-reliance relief.
Third, the causes of migrant workers'crime. 1, social background factors. Our society is now in a transitional period, social transition is a period of social problems including crime. 2, urban and rural dual structure policy under the household registration system. 3, economic factors. For the peasant workers'crime characterized by making money, economic factors are the most important reasons. 4, cultural reasons. After the peasant workers enter the city, they are separated from the control of the original rural culture, morality and customs, which greatly weakens their self-contained system, and will inevitably lead to a large number of crimes. Discrimination against migrant workers in the whole society leads to crime. 6. The cost of protecting the rights of migrant workers is too high. The cost of time and economy makes them give up legal channels and seek illegal channels for protecting their rights. 7. The low level of education determines the narrow choice of employment for migrant workers. The adaptability of the generation society is poor, and the ability of self control and self adjustment is poor.
In the near future, we should establish a mechanism for safeguarding the rights of migrant workers and implement a criminal policy of combining mercy with severity against the criminals of migrant workers.
The author believes that in the process of building a harmonious society, we must earnestly solve the crime problem of peasant workers, so as to reduce the crime rate of peasant workers, which is conducive to the protection of the legitimate rights and interests of citizens, the coordinated development of urban and rural areas, the acceleration of industrialization and urbanization, the solution of the "three rural" problems, and the social harmony and stability.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D917
本文编号：2186487
[Abstract]:With the acceleration of urbanization process, the need to transfer surplus rural labor force and the urgent need to raise farmers'income, a large number of rural labor force has poured into large and medium-sized cities. These labor force come to cities and towns mainly engaged in secondary and tertiary industry labor, which is called by society. Migrant workers are a special group formed during the transition from planned economy to market economy society in China, which refers to those who work in urban enterprises all year or most of the time, but whose household registration is still in the countryside. In 2004, the Fifth National Staff and Workers'Survey conducted by the All-China Federation of Trade Unions and the State Bureau of Statistics showed that by the end of 2003, the number of employees in China had reached 744.23 million. Secondly, the tertiary industry had absorbed 378.86 million workers, including state-owned and collective-owned enterprises. The number of migrant workers has dropped to 66.21 million and 9.5 million respectively. This means that the number of migrant workers in China has exceeded 200 million at this stage, and has become an important part of urban social groups, forming a social force that can not be ignored. The low quality of the peasant workers themselves and the insufficiency of the decision-making and management departments in understanding the peasants'migrant work in cities have resulted in the serious conflict between the urban-rural dual system formed under the planned economy and the peasants' migrant work in cities. The peasant workers who are difficult to find jobs and can only engage in low-end labor are in a difficult situation. A series of complex social problems, the crime rate of migrant workers is rising.
Crime committed by peasant workers is an unavoidable problem in the period of social transformation in China.The pattern of farming for workers and countryside for cities has resulted in a serious imbalance between rural and urban development.In the current period of economic transformation and social transformation, the fierce collision between old and new systems and concepts will inevitably lead to a large number of social contradictions. In the period of social transformation, the old and new systems have not completely disappeared, and the new system has not yet been perfected. In this case, the social management inevitably appears loopholes, and the social control power has been reduced in some aspects. With the loosening of the household registration system and the gradual liberalization of the restrictions on the flow of population, the energy of rural surplus labor accumulated under the dual social structure is released, resulting in the emergence of the phenomenon of "migrant worker tide". Most of them are full of hope, trying to improve their living standards through the simple flow between regions. Therefore, it has great blindness, conformity and one-sidedness. At the same time, it is difficult for urban residents to adapt to such a large-scale influx of "migrant workers" in the short term, and they are prone to conflict and friction. Under such a background, the crime of migrant workers is inevitable.
First, the definition of social transformation. Different scholars have different understandings of the meaning of social transformation. Although they have different understandings of the meaning of social transformation, one thing is the same, that is, the core content of social transformation is the transformation from traditional society to modern society. Rapid increase and intensification are often unavoidable, and crime, as the extreme manifestation of social conflict, will be expanding day by day. The main social contradictions and social conflicts, urban migrant workers crime is the result of these contradictions and conflicts in their increasingly complex and acute.
According to the analysis of crime statistics, the development and change of peasant workers'crime can be roughly divided into three different stages. 1. Initial stage. From the end of 1970s to the middle of 1980s, it is the initial stage of the development and change of peasant workers' crime. 2. Development stage. 1980s From the mid-1990s to the early 1990s, there was a high tide of rural labor force entering the city, which was also the development stage of migrant workers'crime. The increase also reflects the aggravation of the seriousness of the crime. The crimes committed by peasant workers have the following characteristics: property invasion, seasonality, the trend of low cultural age, gang nature, mobility, self-reliance relief.
Third, the causes of migrant workers'crime. 1, social background factors. Our society is now in a transitional period, social transition is a period of social problems including crime. 2, urban and rural dual structure policy under the household registration system. 3, economic factors. For the peasant workers'crime characterized by making money, economic factors are the most important reasons. 4, cultural reasons. After the peasant workers enter the city, they are separated from the control of the original rural culture, morality and customs, which greatly weakens their self-contained system, and will inevitably lead to a large number of crimes. Discrimination against migrant workers in the whole society leads to crime. 6. The cost of protecting the rights of migrant workers is too high. The cost of time and economy makes them give up legal channels and seek illegal channels for protecting their rights. 7. The low level of education determines the narrow choice of employment for migrant workers. The adaptability of the generation society is poor, and the ability of self control and self adjustment is poor.
In the near future, we should establish a mechanism for safeguarding the rights of migrant workers and implement a criminal policy of combining mercy with severity against the criminals of migrant workers.
The author believes that in the process of building a harmonious society, we must earnestly solve the crime problem of peasant workers, so as to reduce the crime rate of peasant workers, which is conducive to the protection of the legitimate rights and interests of citizens, the coordinated development of urban and rural areas, the acceleration of industrialization and urbanization, the solution of the "three rural" problems, and the social harmony and stability.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D917
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相关期刊论文 前2条
1 黄立;试析流动人口犯罪的十大特点[J];湖南公安高等专科学校学报;1999年05期
2 刘祖云;社会转型与社会流动:从理论到现实的探讨[J];华中师范大学学报(人文社会科学版);1998年05期
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