有组织犯罪及其防治
发布时间：2019-05-20 17:10
【摘要】： 有组织犯罪与毒品犯罪、恐怖主义活动被并称为当今世界三大灾难性犯罪，是当代国际社会普遍关注的热点问题。有组织犯罪已严重威胁到各国政治、经济、文化和社会的发展，成为世界公害和全人类面临的一个共同课题。本文拟对有组织犯罪的概念、起源与发展、成因与趋势、防治对策等方面进行初步的探讨，提出自己粗浅的见解，供理论界和实务部门参考。本文共分四个部分： 在第一部分是有组织犯罪的界定。由于各国的政治、经济、文化、社会背景不同，有组织犯罪的表现形式也各不一样，研究的角度不同，因此，各国甚至一国的有组织犯罪定义不尽相同。本文在总结中外学者关于有组织犯罪概念的基础上，从犯罪学的角度，认为有组织犯罪应界定为三人以上故意实施的一切有组织的共同犯罪活动。考虑到当前我国打击有组织犯罪的实际需要，，以及为了与其它国家、地区和国际组织的有组织犯罪概念取得相对的一致，本文所探讨的有组织犯罪，主要是指黑社会性质组织犯罪和黑社会犯罪。 在第二部分是有组织犯罪的起源与发展。选取意大利、美国和中国等三国有组织犯罪的起源和发展形态作为材料，对其进行分析。这些国家中的有组织犯罪代表了不同政治、经济、文化、历史背景中有组织犯罪的历史渊源，具有典型意义。了解这些犯罪组织的历史渊源及其发展，对于我们进一步认识有组织犯罪以及认识当代中国内地有组织犯罪十分必要。 在第三部分是分析当前中国内地有组织犯罪的成因及其发展趋势。笔者把有组织犯罪的成因概括为政治、经济、文化等三个方面，并指出在我国社会转型期和世界经济全球化的大背景下，我国有组织犯罪的组织形式将更加复杂和严密，数量上将呈增长之势，质量上必将向典型的黑社会组织犯罪演化，“企业化”、“公司化”趋势显著，区域化、国际化趋势明显。 在第四部分是有组织犯罪的防治对策。介绍了境外防治有组织犯罪的经验，并针对我国防治有组织犯罪的对策提出了若干建议。指出我国应在刑事立法、司法、社会治安综合治理和国际合作交流等方面加强工作。
[Abstract]:Organized crime and drug crime, terrorist activities are called the three catastrophic crimes in the world, is a hot issue of common concern in the contemporary international community. Organized crime has seriously threatened the political, economic, cultural and social development of various countries, and has become a common issue faced by the world and all mankind. This paper intends to make a preliminary discussion on the concept, origin and development, causes and trends of organized crime, as well as prevention and control countermeasures, and puts forward its own superficial opinions for reference by theoretical and practical departments. This paper is divided into four parts: the first part is the definition of organized crime. Because of the different political, economic, cultural and social backgrounds of different countries, the forms of expression of organized crime are different, and the research angles are different, so the definition of organized crime is different from country to country. On the basis of summing up the concept of organized crime by Chinese and foreign scholars, this paper holds that organized crime should be defined as all organized joint criminal activities committed intentionally by more than three people from the perspective of criminology. Considering the actual needs of our country to combat organized crime at present, and in order to achieve relative consistency with the concept of organized crime in other countries, regions and international organizations, the organized crime discussed in this paper, Mainly refers to the nature of triad organized crime and triad crime. The second part is the origin and development of organized crime. The origin and development of organized crime in Italy, the United States and China are selected as materials and analyzed. Organized crime in these countries represents the historical origin of organized crime in different political, economic, cultural and historical backgrounds, and has typical significance. Understanding the historical origin and development of these criminal organizations is necessary for us to further understand organized crime and contemporary organized crime in mainland China. The third part is to analyze the causes and development trend of organized crime in mainland China. The author summarizes the causes of organized crime into three aspects: politics, economy and culture, and points out that under the background of the social transition period of our country and the globalization of the world economy, the organizational form of organized crime in our country will be more complex and strict. The quantity will increase, and the quality will evolve to the typical triad organization crime. The trend of "enterprise" and "corporatization" is remarkable, the trend of regionalization and internationalization is obvious. In the fourth part, it is the prevention and control countermeasures of organized crime. This paper introduces the experience of preventing and controlling organized crime abroad, and puts forward some suggestions on the countermeasures of preventing and controlling organized crime in our country. It is pointed out that China should strengthen its work in the aspects of criminal legislation, judicature, comprehensive management of social security and international cooperation and exchange.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917
[Abstract]:Organized crime and drug crime, terrorist activities are called the three catastrophic crimes in the world, is a hot issue of common concern in the contemporary international community. Organized crime has seriously threatened the political, economic, cultural and social development of various countries, and has become a common issue faced by the world and all mankind. This paper intends to make a preliminary discussion on the concept, origin and development, causes and trends of organized crime, as well as prevention and control countermeasures, and puts forward its own superficial opinions for reference by theoretical and practical departments. This paper is divided into four parts: the first part is the definition of organized crime. Because of the different political, economic, cultural and social backgrounds of different countries, the forms of expression of organized crime are different, and the research angles are different, so the definition of organized crime is different from country to country. On the basis of summing up the concept of organized crime by Chinese and foreign scholars, this paper holds that organized crime should be defined as all organized joint criminal activities committed intentionally by more than three people from the perspective of criminology. Considering the actual needs of our country to combat organized crime at present, and in order to achieve relative consistency with the concept of organized crime in other countries, regions and international organizations, the organized crime discussed in this paper, Mainly refers to the nature of triad organized crime and triad crime. The second part is the origin and development of organized crime. The origin and development of organized crime in Italy, the United States and China are selected as materials and analyzed. Organized crime in these countries represents the historical origin of organized crime in different political, economic, cultural and historical backgrounds, and has typical significance. Understanding the historical origin and development of these criminal organizations is necessary for us to further understand organized crime and contemporary organized crime in mainland China. The third part is to analyze the causes and development trend of organized crime in mainland China. The author summarizes the causes of organized crime into three aspects: politics, economy and culture, and points out that under the background of the social transition period of our country and the globalization of the world economy, the organizational form of organized crime in our country will be more complex and strict. The quantity will increase, and the quality will evolve to the typical triad organization crime. The trend of "enterprise" and "corporatization" is remarkable, the trend of regionalization and internationalization is obvious. In the fourth part, it is the prevention and control countermeasures of organized crime. This paper introduces the experience of preventing and controlling organized crime abroad, and puts forward some suggestions on the countermeasures of preventing and controlling organized crime in our country. It is pointed out that China should strengthen its work in the aspects of criminal legislation, judicature, comprehensive management of social security and international cooperation and exchange.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917
【引证文献】
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