广东黑社会犯罪研究
发布时间：2019-01-04 15:55
【摘要】： 联合国的官方文件将黑社会犯罪视为有组织犯罪。而关于有组织犯罪的概念，不同的国际组织及国家有各自不同定义，至今在世界范围内尚无精确、统一的概念。国际刑警组织对有组织犯罪作如下定义：任何具有有组织的控制结构、通过不法活动获取钱财为其主要目的的、通常以恐怖活动和腐败活动经济来源为生的群体。 作为改革开放的前沿，也是境外黑社会组织渗透最早地区的广东省，其如何根据本地区黑社会犯罪的实际情况以及整个国家黑社会犯罪的现状和国际黑社会发展的趋势，总结广东反黑工作的实践经验，提出行之有效的对策是广东必须解决的一个重大课题。 在研究广东黑社会犯罪的过程中，不但要充分理解黑社会犯罪的基本理论，还要充分认识广东黑社会犯罪的现实问题。只有这样才能有效地打击本地区黑社会犯罪的不断升级。因此，本文首先从黑社会犯罪的概念、表现形式、基本特征的理论分析入手，探讨广东黑社会犯罪的规律及其原因，然后结合广东黑社会犯罪的基本情况进行剖析，在最后对如何打击遏制广东黑社会犯罪提出对策。 文章的第一部分首先分析境内外关于黑社会犯罪概念的各种论述，然后在此基础上界定黑社会犯罪的内涵。就境外关于黑社会犯罪概念的论述，大致存在四种代表性观点：(一)、行为概念说。是指注重揭示黑社会犯罪的典型行为特点的定义理论。(二)、功能概念说。是指突出阐述黑社会犯罪的功能作用的定义理论。(三)、结构概念说。是指注重分析黑社会犯罪的组织结构和行为结构的定义理论。(四)、广狭概念说。是指从广狭不同角度界定黑社会犯罪定义的理论。而我国学者关于黑社会犯罪概念有三种代表性观点：(一)、基本特征定义说。该学说主张应当根据黑社会犯罪的性质目的、组织 结沟、发展变化及黑社会的危害的基本特征综合提炼黑社会犯罪的定义。 ．－）、广狭概念说。该学说主张黑社会犯罪概念有广狭之分。（三）、耗散结 沟学说。该理论分祈了累社会犯罪系统的特征运行轨迹，较合理从开放、动 态、整体的系统角度界定了黑社会犯罪。笔者认为该学说对黑社会犯罪概念 的界定是有科学理论根据的，其表述是完整深入的。其次，分析黑社会犯罪 的主要表现形式。最后概括各种黑社会犯罪的一殷性特征。 文章的第二部分主要是对广东黑社会犯罪活动的基本情况进行分析。 一、历史概况。广东黑社会犯罪经历了四个各具特点和程度的发展时期： 一）、广东实行对外开放的1979年至1982年期间的境外渗入和萌芽阶段； （二）、1986年至m88年期间的初步发展阶段：（三）、go年代前期的多层次 扩散阶段；（四）、90年代后期“量质并长” 的变化发展阶段。二、广东黑社 会犯罪的现状：（一）、黑社会活动的主体未变，但组织及成员的具体构成和 数量发主了明显的变化和增长。（二）、黑社会渗透及涉累违法犯罪的活动内 容不断扩展。（三）、黑社会犯罪的系列特征日益突出。三、广东黑社会犯罪 的区域的特点：珠江三角洲地区与非珠江三角洲地区黑社会犯罪各具特点。 四、广东黑社会的分层结构。从人员结构、组织结构来看，广东的黑社会犯 罪组织各具特点。 文章的第三部分分析广东黑社会活动滋生和发展的原因。广东黑社会活 动的产生有其历史、地缘、主体、社会及经济、文化心理各个方面的原因。 广东黑社会活动逐渐发展的主要原因有：第一，社会治安形势的日趋复杂、 严俊，各类严重刑事犯罪大幅增多，发案率居高不下，而团体犯罪、行业犯 罪、地方恶势力犯罪及入境有组织犯罪的大量增多和不断发展，更是直接地 为黑社会活动的恶性发展提供了现实的动态演化过程。第二，香港、澳门回 归后，港澳地区黑社会活动情况的变化以及港澳台地区、东甫亚各国警方大 规模的“扫黑” 行动，直接导致境外黑社会在广东渗透及犯罪活动进一步加 剧。第三，广东省一些犯罪组织，如带黑社会性质的犯罪集团、地方流氓恶 势力骨干分子的“成熟化”，直接导致了－些新生的黑社犯罪组织的产生和日 益成型。第四，近年来，广东外来人员的大量增多以及广东各个城市城市化 进程中较为富裕的本地居民特别是青少年缺少社会文化思想教育，逐渐恶性 发展为从事黑社会活动的“新生代”。第五，广东黑社会活动经历了一段时期 2 约发晨后，，进一步加大了公安、司法部R”I打己、访范 二‘乍约准度。桑八，系 统的反黑法津、政策暂时的欠缺以及周边地区庄巨黑工诈中的协调作战及合 作机制不健全，给黑社会发展带来了可乘的机会和活动空间。
[Abstract]:The official documents of the United Nations treat underworld crime as organized crime. With regard to the concept of organized crime, different international organizations and countries have different definitions, so far there is no precise and uniform concept in the world. The International Criminal Police Organization (INTERPOL) defines organized crime as a group that has an organized control structure, the acquisition of money through illegal activities for its primary purpose, and is usually a source of economic origin of terrorist and corrupt activities. As the leading edge of the reform and opening-up, it is also the first province of Guangdong Province, which is the first area of the overseas underworld, how to sum up the situation of the gangland crime in the region and the current situation of the whole country's underworld crime and the trend of the development of the international underworld. The practical experience of anti-black work, put forward the effective countermeasure is that Guangdong must In the course of studying the crime of the underworld, not only the basic theory of the underworld crime should be fully understood We need to be fully aware of the reality of Guangdong's underworld crime. Only in this way This paper, based on the theoretical analysis of the concept, expression and basic characteristics of the underworld crime, starts with the theoretical analysis of the concept, the expression and the basic characteristics of the underworld crime, and probes into the law and the causes of the underworld crime in Guangdong. After the analysis of the basic situation of the gangland crime in Guangdong, it is the most important The first part of the article is to first analyze the domestic and foreign policy of the crime of the underworld. On the basis of the discussion of the concept of social crime, the connotation of the underworld crime is defined on the basis of this. The concept of crime generally has four representative views: (1), The concept of behavior. The definition theory of typical behavior of underworld crime.), the concept of function. The definition theory of the function of the underworld crime is highlighted. Read it. It means to focus on the analysis of black. The structure of the organization and the definition of the structure of the behavior of the society. The theory of the definition of the underworld crime is defined from a wide and narrow angle. There are three representative views on the concept of underworld crime: (1), The basic characteristics are as follows: the theory claim should be organized according to the nature and purpose of the underworld crime Junction trench, development change and black club the basic nature of the hazard feature synthesis To refine the definition of the underworld crime................................................. The theory argues that the concept of underworld crime is narrow Sub. (III), Dissipative Junction The theory of the ditch. The theory is divided into the special features of the system of social crime. The running track of the sign is more reasonable. Open, move State, the overall system angle is defined The crime of the underworld. The author thinks that the theory is the concept of the crime of the underworld. The definition of the family is a family According to the theory, the expression is complete and deep. Secondly, the underworld is analyzed. The main forms of the crime. The second part of the article is mainly against the underworld of Guangdong the basic situation of criminal activity Line analysis. One, the historical situation. Guangdong's underworld crime has four characteristics and degrees of development period: 1), Guangdong's foreign infiltration and germination period from 1979 to 1982 opened to the outside world; (II), 1 Initial stage of development for the period from 986 to m88: (III), go-year multi-level diffusion in the early stage Stage; (IV), 90 In the late's, the "quantity and length" The development stage of the change. The current situation of the crime of the black club: (I) Mafia-based activities The main body of the organization is not changed, but the specific composition of the organization and the member quantity Major changes and growth have been made. (2) in the activities of underworld penetration and the involvement of criminal and criminal activities The series features of the underworld crime are becoming more and more prominent. III. Characteristics of Guangdong Mafia-based Crime: the Pearl River Delta non-The characteristics of the underworld crime in the Pearl River Delta area. The hierarchical structure of the underworld. From the structure of the personnel and the structure of the organization, Guangdong a gangster The Characteristics of the Crime Organization. The third part of the article. The causes of the breeding and development of the activities of the underworld in Guangdong are the historical, the geographical, the subject, the society and the economy. culture The causes of various aspects of psychology. Guangdong's underworld activities gradually develop The main reasons for this are as follows: First, the situation of social security is becoming more and more complex, and the number of serious criminal offences is greatly increased, and the case rate is the highest. can not be high, The crime of group crime, the crime of the industry, the crime of the local evil force and the crime of the local evil force The number of organized crime in the country is increasing and developing, and it is more direct It provides a real and dynamic evolution process for the malignant development of underworld activities. Second, Hong Kong and Macao return After the return, Hong Kong, Macao and the region black Changes in the situation of social activities, as well as the large police in the Hong Kong, Macao and Taiwan region and the East-fu sub-national police gauge 鈥渢o sweep away鈥
本文编号：2400491
[Abstract]:The official documents of the United Nations treat underworld crime as organized crime. With regard to the concept of organized crime, different international organizations and countries have different definitions, so far there is no precise and uniform concept in the world. The International Criminal Police Organization (INTERPOL) defines organized crime as a group that has an organized control structure, the acquisition of money through illegal activities for its primary purpose, and is usually a source of economic origin of terrorist and corrupt activities. As the leading edge of the reform and opening-up, it is also the first province of Guangdong Province, which is the first area of the overseas underworld, how to sum up the situation of the gangland crime in the region and the current situation of the whole country's underworld crime and the trend of the development of the international underworld. The practical experience of anti-black work, put forward the effective countermeasure is that Guangdong must In the course of studying the crime of the underworld, not only the basic theory of the underworld crime should be fully understood We need to be fully aware of the reality of Guangdong's underworld crime. Only in this way This paper, based on the theoretical analysis of the concept, expression and basic characteristics of the underworld crime, starts with the theoretical analysis of the concept, the expression and the basic characteristics of the underworld crime, and probes into the law and the causes of the underworld crime in Guangdong. After the analysis of the basic situation of the gangland crime in Guangdong, it is the most important The first part of the article is to first analyze the domestic and foreign policy of the crime of the underworld. On the basis of the discussion of the concept of social crime, the connotation of the underworld crime is defined on the basis of this. The concept of crime generally has four representative views: (1), The concept of behavior. The definition theory of typical behavior of underworld crime.), the concept of function. The definition theory of the function of the underworld crime is highlighted. Read it. It means to focus on the analysis of black. The structure of the organization and the definition of the structure of the behavior of the society. The theory of the definition of the underworld crime is defined from a wide and narrow angle. There are three representative views on the concept of underworld crime: (1), The basic characteristics are as follows: the theory claim should be organized according to the nature and purpose of the underworld crime Junction trench, development change and black club the basic nature of the hazard feature synthesis To refine the definition of the underworld crime................................................. The theory argues that the concept of underworld crime is narrow Sub. (III), Dissipative Junction The theory of the ditch. The theory is divided into the special features of the system of social crime. The running track of the sign is more reasonable. Open, move State, the overall system angle is defined The crime of the underworld. The author thinks that the theory is the concept of the crime of the underworld. The definition of the family is a family According to the theory, the expression is complete and deep. Secondly, the underworld is analyzed. The main forms of the crime. The second part of the article is mainly against the underworld of Guangdong the basic situation of criminal activity Line analysis. One, the historical situation. Guangdong's underworld crime has four characteristics and degrees of development period: 1), Guangdong's foreign infiltration and germination period from 1979 to 1982 opened to the outside world; (II), 1 Initial stage of development for the period from 986 to m88: (III), go-year multi-level diffusion in the early stage Stage; (IV), 90 In the late's, the "quantity and length" The development stage of the change. The current situation of the crime of the black club: (I) Mafia-based activities The main body of the organization is not changed, but the specific composition of the organization and the member quantity Major changes and growth have been made. (2) in the activities of underworld penetration and the involvement of criminal and criminal activities The series features of the underworld crime are becoming more and more prominent. III. Characteristics of Guangdong Mafia-based Crime: the Pearl River Delta non-The characteristics of the underworld crime in the Pearl River Delta area. The hierarchical structure of the underworld. From the structure of the personnel and the structure of the organization, Guangdong a gangster The Characteristics of the Crime Organization. The third part of the article. The causes of the breeding and development of the activities of the underworld in Guangdong are the historical, the geographical, the subject, the society and the economy. culture The causes of various aspects of psychology. Guangdong's underworld activities gradually develop The main reasons for this are as follows: First, the situation of social security is becoming more and more complex, and the number of serious criminal offences is greatly increased, and the case rate is the highest. can not be high, The crime of group crime, the crime of the industry, the crime of the local evil force and the crime of the local evil force The number of organized crime in the country is increasing and developing, and it is more direct It provides a real and dynamic evolution process for the malignant development of underworld activities. Second, Hong Kong and Macao return After the return, Hong Kong, Macao and the region black Changes in the situation of social activities, as well as the large police in the Hong Kong, Macao and Taiwan region and the East-fu sub-national police gauge 鈥渢o sweep away鈥
本文编号：2400491
本文链接：https://www.wllwen.com/shekelunwen/gongan/2400491.html
