黑恶势力犯罪的预防与打击对策研究

发布时间：2018-12-11 02:54

【摘要】： 当前,我们正处在人民内部矛盾凸显、对敌斗争尖锐复杂、刑事犯罪持续高发、群众法治需求不断增长的特殊时期,而基于经济利益的驱动、凭借破坏性的力量,各种形式的黑恶势力违法犯罪活动愈加猖獗,已经成为严重威胁人民群众生命财产安全、破坏政治经济社会生活秩序、影响社会稳定发展和谐的突出问题。因此,系统地研究我国黑恶势力犯罪具有重大的理论和现实意义。笔者根据掌握的资料、结合工作后参与打黑除恶斗争的实践经验,对黑恶势力犯罪的概念做出了界定,对黑恶势力犯罪的现状、表现形式和社会危害做了客观描述。同时,笔者试图从文化因素、社会转型的影响、基层控制能力弱化、腐败现象与黑恶犯罪的互动、市场规则不完善、全社会的监督机制尚未形成等方面系统论述了我国黑恶势力犯罪的成因。同时也注意到犯罪个体的原因也是形成黑恶势力犯罪的又一重要因素。一是利益是黑恶势力成员犯罪的内在驱动力。二是由于公力救济存在缺陷,“同态复仇”式的报复方式和“违法暴力私力救济"在我国社会生活中泛滥成灾。犯罪市场的存在,为黑恶势力的发展提供了一定空间。最后,根据我国黑恶势力犯罪的形成原因,提出了预防和打击黑恶势力犯罪的对策。一方面是对我国黑恶势力犯罪的预防对策:一是建立一套外部评价和内部评价相结合的、科学的社会治安评价体系,从根本上发挥对各级政权组织的导向作用,从制度上推动他们采取各种有力的措施去和黑恶势力作斗争,杜绝黑白勾结现象的存在,最大限度的压缩黑恶势力生存的空间。二是依法对各类经济活动进行规范、制约、控制和引导,加强经济组织管理,防止它们沦为黑恶势力寄生的外壳或受操纵的傀儡。三是有效化解民间纠纷,消除对黑恶势力的外在需求,给社会冲突和纠纷的化解提供多种安全通道。四是对反社会的亚文化进行批判和根除,加强警示教育和文化教育,促进公众法律意识的提高,创建积极向上的社会环境。另一方面是对我国黑恶势力犯罪的打击对策,主要包括:努力营造全社会共讨黑恶势力犯罪的执法环境、牢牢把握“打早打小,露头就打”的斗争策略、加强执法协作形成打黑除恶整体合力、着力摧毁其赖以生存的经济社会基础、加强立法发挥法律的震慑力量和建立完善专业的打黑除恶队伍等方面。
[Abstract]:At present, we are in a special period of prominent contradictions among the people, sharp and complicated struggle against the enemy, a sustained high incidence of criminal crimes, and a growing demand for the rule of law among the masses. Driven by economic interests, we rely on destructive forces. Various forms of criminal activities of criminal and criminal forces have become increasingly rampant, has become a serious threat to the safety of people's lives and property, undermine the political, economic and social order of life, and affect the social stability and development of harmony. Therefore, it is of great theoretical and practical significance to systematically study the crime of evil forces in China. On the basis of the information we have and the practical experience of taking part in the struggle after work, the author defines the concept of the crime of criminal and evil forces, and gives an objective description of the present situation, forms of expression and social harm of the crime of criminal and evil forces. At the same time, the author tries to from the cultural factors, the influence of social transformation, the weakening of grass-roots control ability, the interaction between corruption and evil crime, the imperfect market rules. The whole society's supervision mechanism has not yet been formed, and so on has systematically discussed the causes of the crime of evil and criminal forces in our country. At the same time, we also noticed that the reason of individual crime is another important factor for the formation of criminal and evil forces. First, interest is the internal driving force of the crime committed by the members of the criminal and evil forces. Second, due to the defects of public relief, the "homogenous revenge" and "illegal violence private relief" are rampant in our social life. The existence of criminal market provides a certain space for the development of criminal and evil forces. Finally, according to the formation reason of the crime of the evil force in our country, put forward the countermeasure of preventing and attacking the crime of the evil force of the black and evil force. On the one hand, it is to prevent the crime of evil and criminal forces in our country. First, it is necessary to establish a scientific social security evaluation system that combines external and internal evaluation, so as to fundamentally play a guiding role to the political power organizations at all levels. From the system, they are urged to take various measures to fight the evil forces, to put an end to the existence of black and white collusion, and to minimize the existence of black and white forces to survive space. Second, we should regulate, restrict, control and guide all kinds of economic activities according to law, strengthen the management of economic organizations, and prevent them from becoming a parasitic shell of evil and criminal forces or manipulated puppets. The third is to effectively resolve civil disputes, eliminate the external needs of evil forces, and provide a variety of safe channels for resolving social conflicts and disputes. The fourth is to criticize and eradicate antisocial subculture, strengthen warning education and cultural education, promote public legal awareness, and create a positive social environment. On the other hand, the countermeasures against criminal activities of criminal and evil forces in our country mainly include: striving to create a law enforcement environment for the whole society to jointly condemn crimes committed by criminal and evil forces, and firmly grasp the struggle strategy of "striking early and young, outcrop fighting". Strengthen the cooperation of law enforcement to form an overall joint force to fight against criminal and evil, to destroy the economic and social foundation on which they depend for survival, to strengthen legislation, to exert the deterrent power of law, and to establish and perfect a professional contingent of fighting and eliminating evil.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D917

【参考文献】