家庭视角下的未成年人犯罪被害及其预防
发布时间：2018-12-06 09:45
【摘要】： 随着我国经济的高速发展,犯罪问题也如影随行般日益呈现恶化的趋势。庞大的犯罪受害人群体中包括了相当数量的未成年人。以家庭为视角,未成年人犯罪被害总体上可划分为因家庭内部犯罪行为而受害和因家庭外部犯罪而受害两种情况。笔者以为,家庭是未成年人保护的第一责任人,未成年人犯罪被害预防应当以父母的有效监护为核心,我们可以通过减少家庭侵害行为、加强对父母监护职责的督促去尽可能地避免未成年人因犯罪而受害。本论文即试图通过对父母侵害未成年人和因父母失职导致未成年人受害两种情形的分析,表明以父母为代表的家庭是未成年人犯罪被害的重要因素,进而提出一些制度性建议以完善以监护制度为主体的未成年人家庭保护体系。 文章主体除了导言和结语外,分为四个部分。导言部分简要地阐述了重视未成年人犯罪被害预防问题的重要性,并表明本文的主旨是以家庭为视角对该问题进行初步的探讨。 第一章父母对未成年人的直接侵害主要阐述了父母对未成年人实施家庭暴力和遗弃等侵害的事实以及其中的原因,表明父母对未成年人犯罪侵害构成了未成年人被害的重要侵害源,并为文章在后面的建议部分提出要加强对父母监护履行情况的监督和强制干预制度提供事实依据。 第二章家庭保护缺失下的未成年人被害问题主要通过对典型的保护缺失家庭以及处于保护缺失下的易受害未成年人群体的分析,表明家庭保护的缺失是未成年人遭受犯罪侵害的重要因素。 第三章未成年人的被害性及其与父母的关系主要是通过分析未成年人的被害特性证明未成年人犯罪被害预防应主要依靠外界的保护,同时通过分析父母与未成年人被害特性之间的联系,表明父母对未成年人被害性的强化负有一定责任,据此指出父母应当担负起保护未成年人的主要责任。 第四章完善未成年人家庭保护制度的建议主要是围绕如何加强对父母监护责任履行的监督以及如何预防父母侵害未成年人提出监护制度的完善、监护侵害和失职的发现机制、公权力的提早干预、监护人的强制隔离与矫正、儿童保护专职机构之建立以及加强对父母的教育等建议,以多方面进一步完善我国现有的未成年人家庭保护法律制度。 结语部分对文章进行了总结,提出笔者由于理论水平有限,和资料准备的不足造成本文的观点可能存在一定的缺陷,并有进一步研究的必要性。
[Abstract]:With the rapid development of economy in China, the problem of crime is worsening day by day. The large group of crime victims includes a considerable number of minors. From the perspective of family, the crime and victimization of minors can be divided into two situations: one is the crime within the family and the other is the crime outside the family. The author thinks that the family is the first person responsible for the protection of minors, and the prevention of juvenile delinquency should be based on the effective custody of parents. Strengthen parental custody duties to avoid juvenile victimization as far as possible. This paper attempts to analyze the two situations of parents' infringing on minors and parents' malfeasance, and shows that the parents' representative families are the important factors of minors' crime and victimization. Then some institutional suggestions are put forward to perfect the family protection system of minors with guardianship system as the main body. In addition to the introduction and conclusion, the main body of the article is divided into four parts. The introduction briefly expounds the importance of paying attention to the prevention of juvenile delinquency and indicates that the purpose of this paper is to make a preliminary discussion on the problem from the perspective of family. In the first chapter, the author expounds the facts and reasons of parental violence and abandonment on minors. It shows that parents' crime against minors constitutes an important source of victimization of minors, and provides a factual basis for strengthening the supervision of parental custody and compulsory intervention system. The second chapter analyzes the problem of minors' victimization under the absence of family protection, mainly through the analysis of typical families with missing protection and vulnerable minors who are in the absence of protection. It shows that the lack of family protection is an important factor for minors to suffer crime. Chapter III: the victimization of minors and their relationship with their parents is mainly through the analysis of the characteristics of minors to prove that the prevention of juvenile delinquency should mainly rely on the protection of the outside world. At the same time, by analyzing the relationship between parents and the characteristics of minors' victimization, it is shown that parents are responsible for the strengthening of minors' victimization, and it is pointed out that parents should shoulder the primary responsibility of protecting minors. The fourth chapter is mainly about how to strengthen the supervision of parental guardianship responsibility and how to prevent parents from infringing minors, and how to improve the guardianship system, the discovery mechanism of guardianship infringement and dereliction of duty. Such suggestions as early intervention of public power, compulsory separation and correction of guardians, establishment of specialized child protection institutions and strengthening of parents' education, will further improve the existing legal system of family protection for minors in China. The conclusion part summarizes the article, and points out that the author may have some defects in the view of this paper because of the limited theoretical level and the shortage of the data preparation, and it is necessary to further study it.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
本文编号：2365843
[Abstract]:With the rapid development of economy in China, the problem of crime is worsening day by day. The large group of crime victims includes a considerable number of minors. From the perspective of family, the crime and victimization of minors can be divided into two situations: one is the crime within the family and the other is the crime outside the family. The author thinks that the family is the first person responsible for the protection of minors, and the prevention of juvenile delinquency should be based on the effective custody of parents. Strengthen parental custody duties to avoid juvenile victimization as far as possible. This paper attempts to analyze the two situations of parents' infringing on minors and parents' malfeasance, and shows that the parents' representative families are the important factors of minors' crime and victimization. Then some institutional suggestions are put forward to perfect the family protection system of minors with guardianship system as the main body. In addition to the introduction and conclusion, the main body of the article is divided into four parts. The introduction briefly expounds the importance of paying attention to the prevention of juvenile delinquency and indicates that the purpose of this paper is to make a preliminary discussion on the problem from the perspective of family. In the first chapter, the author expounds the facts and reasons of parental violence and abandonment on minors. It shows that parents' crime against minors constitutes an important source of victimization of minors, and provides a factual basis for strengthening the supervision of parental custody and compulsory intervention system. The second chapter analyzes the problem of minors' victimization under the absence of family protection, mainly through the analysis of typical families with missing protection and vulnerable minors who are in the absence of protection. It shows that the lack of family protection is an important factor for minors to suffer crime. Chapter III: the victimization of minors and their relationship with their parents is mainly through the analysis of the characteristics of minors to prove that the prevention of juvenile delinquency should mainly rely on the protection of the outside world. At the same time, by analyzing the relationship between parents and the characteristics of minors' victimization, it is shown that parents are responsible for the strengthening of minors' victimization, and it is pointed out that parents should shoulder the primary responsibility of protecting minors. The fourth chapter is mainly about how to strengthen the supervision of parental guardianship responsibility and how to prevent parents from infringing minors, and how to improve the guardianship system, the discovery mechanism of guardianship infringement and dereliction of duty. Such suggestions as early intervention of public power, compulsory separation and correction of guardians, establishment of specialized child protection institutions and strengthening of parents' education, will further improve the existing legal system of family protection for minors in China. The conclusion part summarizes the article, and points out that the author may have some defects in the view of this paper because of the limited theoretical level and the shortage of the data preparation, and it is necessary to further study it.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
【引证文献】
相关会议论文 前1条
1 赵翠华;;家庭视角下的未成年人犯罪因素分析——以贵州省男性未成年人犯罪嫌疑人为例[A];“改革开放30年与贵州社会发展”学术研讨会暨贵州省社会学学会2008年学术年会论文集[C];2008年
，本文编号：2365843
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