农民工未成年子女犯罪成因和预防

发布时间：2019-01-18 19:03

【摘要】：近些年,未成年人犯罪在之前快速增长的基础上,上升势头总体得以遏制,但其中农民工未成年子女犯罪在未成年人犯罪中的发展势头迅猛,其暴力性、团伙性等特点明显,对社会的安定和谐构成严重危害,已备受人们关注。农民工未成年子女是在改革开放之后,随着农民工(农民工未成年子女的父辈)在城市的工作和生活逐渐相对稳定后才产生的特殊群体,并随着改革开放的深入和持续,其数量在快速增长。尽管目前已有不少关于他们这类群体犯罪的研究,包括其犯罪原因和预防(矫正),但对于这个群体还在迅猛增长的犯罪数量来说,我们对其犯罪研究的深度、广度、以及应用实践预防的效果都有待大幅提高。基于此,本文对这类群体进行了包括犯罪原因的分析和应采取的针对性预防措施提出了建议。在论述过程中,因目前国内学者的研究对这类特殊群体的称谓和界定尚未统一,本文先就农民工未成年子女概念进行了界定,并在此基础上,通过分析目前在全国各地农民工未成年子女犯罪的发展状况,总结出农民工未成年子女犯罪的暴力性、团伙性、随意性、反复性等特点和趋势。结合对农民工未成年子女犯罪的法律援助工作实践,调查了解到他们的生活环境、学习状况、家庭教育和情感沟通等情况,在总结了农民工未成年子女自身认为的犯罪原因,包括经济基础差、文化水平低,法律意识淡薄、交友不慎、心态不平衡、报复等基础上,进一步分析导致他们实施犯罪的深层根源,即社会变革中他们的“身份”造成了他们在社会保障、教育资源、社会资源、公平对待等方面的缺位和不公,包括他们家庭教育的缺位。同时,考虑到农民工未成年子女处于心理和生理逐渐成熟期,对于他们的犯罪心理(心理偏差)也进行了一定的剖析。在分析了他们犯罪原因的基础上,针对性地在社会预防、家庭预防、学校预防、司法预防、心理矫治等方面进行了分析,并提出对农民工未成年子女犯罪预防和矫正的对策。文章的最后,把目前在预防未成年犯重新犯罪方面效果不错的社区矫正,这一刑罚执行方式,建议全面向农民工未成年子女犯的教育改造上延伸,为预防他们重新犯罪服务。
[Abstract]:In recent years, on the basis of the rapid growth of juvenile delinquency before, the rising trend has been generally contained, but among them, the juvenile delinquency of migrant workers has developed rapidly in the juvenile delinquency, and its violent and gang characteristics are obvious. Social stability and harmony constitute a serious threat, has been paid attention to. The minor children of migrant workers are a special group after the reform and opening up, as the migrant workers (the parents of the minor children of migrant workers) gradually stabilize their work and life in the city, and with the deepening and continuing of the reform and opening up, Its number is growing rapidly. Although there has been a lot of research on the crime of this group, including its causes and prevention (correction), the depth and breadth of our research on the crime of this group, which is still growing rapidly, And the effect of practical prevention needs to be greatly improved. Based on this, this paper puts forward some suggestions for this kind of group, including the analysis of the causes of crime and the corresponding preventive measures to be taken. In the process of discussion, because the appellation and definition of this kind of special group have not been unified by the domestic scholars' research at present, this paper firstly defines the concept of migrant workers' minor children, and on this basis, Based on the analysis of the development of crimes committed by migrant workers' minor children in various parts of the country, this paper summarizes the characteristics and trends of crimes committed by migrant workers' minor children, such as violence, gang, arbitrariness, repetition and so on. Combined with the practice of legal aid for the crimes committed by migrant workers' minor children, the author investigates and understands their living environment, learning conditions, family education and emotional communication, and sums up the reasons for the crimes considered by migrant workers' minor children. On the basis of poor economic base, low education level, weak legal consciousness, careless friend making, unbalanced mentality, revenge and so on, this paper further analyzes the underlying causes of the crime committed by them. In other words, their "identity" in the social transformation has caused their social security, educational resources, social resources, fair treatment and other aspects of the absence and injustice, including the absence of their family education. At the same time, considering that the minor children of migrant workers are in the psychological and physiological maturity period, their criminal psychology (psychological deviation) is also analyzed. On the basis of analyzing the causes of their crimes, this paper analyzes the social prevention, family prevention, school prevention, judicial prevention, psychological correction and so on, and puts forward some countermeasures for the prevention and correction of crimes committed by migrant workers' minor children. At the end of the article, it is suggested that the community correction, which is effective in preventing juvenile delinquents from reoffending, should be extended to the education reform of juvenile delinquents of migrant workers in an all-round way so as to serve to prevent them from committing crimes again.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D917

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