有组织犯罪文化研究
发布时间：2019-05-22 13:51
【摘要】：所谓有组织犯罪文化,是指在犯罪组织形成、发展过程中,组织成员形成的共有的价值观、思想意识和行为模式体系,包括组织成员共有的价值观、人生观、道德观、理想、信念、期望、态度和行为准则等。犯罪组织成员的心理和行为更遵循传统,团体意识更强,道德和情感意识倾向性明显,片面的认识、团体的影响导致了犯罪组织成员行为的偏差。有组织犯罪文化是犯罪亚文化的一部分,犯罪组织成员的价值观迥异于普通人,而且与非有组织犯罪人也有很大差异,对其独立进行研究具有较大意义。本文分五个部分对有组织犯罪文化进行探讨。 第一部分为有组织犯罪传统文化解析。传统文化分为大传统文化和小传统文化。有组织犯罪文化的传统主要来源于小传统,包含帮会文化在内的游民文化对其影响深远,而帮会文化流毒对于犯罪组织的内部凝聚力更具有重大意义。不过,当代有组织犯罪越来越职业化,利益的根本地位不容置疑,甚至不需掩饰,帮会“传统”文化在犯罪组织组建初期影响较大,但对于大型犯罪组织规模化后的行动作用有限,“忠义”精神、拟制血缘制度的形式意义大于实质意义。学界对传统文化的研究主要集中于大传统文化,对以儒家经典为代表的主流文化进行解读,并侧重其积极意义,但大传统文化中的一些负面特质对有组织犯罪起的不是抑制而是鼓动的作用,未予扬弃的传统文化教育对有组织犯罪防控反而具有负面影响。 第二部分为有组织犯罪文化认同研究。有组织犯罪文化作用的根本机制在于犯罪组织成员的心理认同。犯罪组织成员多来自两劳释解人员、社会闲散人员和辍学青少年,其出身多为“底层群体”。失业、半失业的游民身份使其心理上自我定位为“弱势群体”,以合理化其反社会行为,同时,犯罪组织成员均为有劳动能力的青壮年或少年,有“扬名”、“发财”、改善社会地位的“成功”意愿和犯罪技能,处境和意愿的强烈冲突是有组织犯罪文化认同的根源。参照群体的规范作用和主动的学习愿望是有组织犯罪文化内化的原因。 第三部分是有组织犯罪道德文化分析。道德是文化的基本内容,犯罪一般被评价为“恶”,但犯罪组织成员却往往不自认为“恶”。他们一般具有强烈的道德意识,但是其道德选择是以利益为标准作出的,其道德观念在犯罪组织这个参照群体的规范下扭曲变形,道德的某些方面被片面夸大和极端化,乃至形成偏执,某些方面则被轻视甚至无视。犯罪组织成员的道德标准明显分为两个系统,其“道德”在犯罪组织内部形成规范和习惯,对犯罪组织外部则毫无道德责任感,犯罪组织成员通过犯罪合理化技术消弭犯罪的道德成本。 第四部分是有组织犯罪情感文化解读。犯罪组织成员也有情感需要,在外部打击、排斥下,受高风险、强暴力的生活方式影响,犯罪组织成员团体意识非常强,情感需求集中在犯罪组织内部,“父子”、“兄弟”之间经常形成相对稳固的信任和深厚的感情。犯罪组织成员的情感和“道德”密不可分,与普通人相比更加情绪化、宿命化,在激烈、偏执的情感驱使下,犯罪组织成员可能实施更严重的犯罪。 第五部分是有组织犯罪文化防控体系的建构。文化由社会结构产生,不改变社会结构就不能根本性的改变文化,同时,文化也不断地在变迁,义务教育和传媒文化的普及给文化引导创造了现实可能性。有组织犯罪文化具有重大危害,消解有组织犯罪文化是一项长期、艰苦的工程,但势在必行。从观念上拒绝有组织犯罪文化,是消除有组织犯罪的最根本的方法。 从文化的角度防控有组织犯罪,要从教育和宣传两方面入手。针对犯罪组织成员结构特点,机构性教育应集中于监所和学校,同时配合家庭和社区的支持,有组织犯罪防控教育的前提是教育教育者,使监管人员、教师、家长提升教育观念和教育能力,使教育能够真正起作用,而不只是形式化的机械说教。宣传是大范围的教育,在全球化、信息化的多传媒背景下,教育民众,引导舆论必须注意方法,正视民众的选择权,尊重民众的判断力,提供全面的信息,使民众在认识、了解、信任的基础上主动参与到有组织犯罪防控工作中来,以建设全民防控有组织犯罪的系统。
[Abstract]:The so-called organized crime culture refers to the common values, the ideology and the behavior pattern system formed by the members of the organization during the formation and development of the crime organization, including the values, the outlook on life, the moral view, the ideal, the belief and the expectation shared by the members of the organization. Attitudes and codes of conduct, etc. The psychology and behavior of the members of the crime organization are more consistent with the tradition, the group consciousness is stronger, the moral and the emotional awareness tend to be obvious and one-sided, the influence of the group leads to the deviation of the behavior of the members of the criminal organization. Organized crime culture is a part of the crime sub-culture, the values of the members of the criminal organization are different from the ordinary people, and there is a great difference between the non-organized criminals and the independent research. This paper discusses the organized crime culture in five parts. The first part is the traditional cultural solution of organized crime The traditional culture is divided into the traditional culture and the small traditional culture. The tradition of organized crime culture is mainly from the small tradition, the people's culture, including the Guild culture, has far-reaching influence, and the cultural flow of the Guild is more important to the internal cohesion of the criminal organization However, the modern organized crime is becoming more and more professional, the fundamental position of the interests is unquestionable, and even no cover is needed, the "tradition" culture has a large impact on the formation of the criminal organization, but the action of the large-scale criminal organizations after the large-scale operation is limited, and the "loyalty" essence The significance of the form of the system of blood is greater than the essence. The study of the traditional culture in the academic circle mainly focuses on the traditional culture, interprets the mainstream culture represented by the Confucian classics, and focuses on the positive significance. However, some of the negative characteristics of the traditional culture are not the suppression of organized crime but the encouragement. The traditional culture education, which has not been abandoned, has a negative effect on the prevention and control of organized crime. in response, that second part is the cultural recognition of organized crime The fundamental mechanism of the role of organized crime is the heart of the members of the criminal organization The majority of the members of the crime organization come from the two release people, the social idle people and the school dropouts, whose birth is" trunk> "subregulation" . The identity of the unemployed and the semi-unemployed people has the psychological self-positioning as the "vulnerable groups", so as to rationalize the social behavior of the society. At the same time, the members of the criminal organization are young and middle-aged or young people with the ability to work, and have the "success" of "name", "make a fortune" and social status to improve the social status. The strong conflict of crime skill, situation and will is the cultural identity of organized crime The origin of the reference group and the active learning desire are the internalization of organized crime culture. The third part is organized crime. The moral is the basic content of the culture, the crime is generally evaluated as the "evil", but the members of the criminal organization tend not to think that the "trunk>" evil "< They generally have a strong sense of morality, but their moral choices are made in the interests of the standard, the moral concept of which is distorted and distorted under the norms of the reference group of the crime organization, and certain aspects of the morality are exaggerated and radicalized. To form paranoia, some of which are light. The moral standard of the members of the criminal organization is obviously divided into two systems, the "moral" of the criminal organization forms the norm and the habit inside the crime organization, there is no moral responsibility to the outside of the crime organization, and the members of the crime organization can eliminate the crime through the rationalization of the crime The moral cost. The fourth part is organized crime. The members of the crime organization also have the emotional needs, which are affected by the life style of high risk and strong violence, and the group of members of the crime organization is very strong and the emotional needs are concentrated in the crime organization. ", a relatively robust letter is often formed between the "a brother" Any and deep feelings. The emotional and the "moral" of the members of the criminal organization are closely related, and are more emotional and fatalistic than the ordinary people, and the members of the criminal organization may be real To commit a more serious crime. The fifth part is organized crime. The construction of the cultural prevention and control system. The culture is produced by the social structure, and the culture cannot be fundamentally changed without changing the social structure. At the same time, the culture is constantly changing, compulsory education and the popularization of the media culture to the culture. To create a realistic possibility. Organized crime culture is of great harm, and the elimination of organized crime culture is a long-term and difficult The project, but it is imperative, to reject organized crime culture from the concept, is to eliminate organized crime culture, The most fundamental method of crime. Prevention and control of organized crime from the perspective of culture. Starting from the aspects of education and publicity, in view of the structural characteristics of the members of the crime organization, the institutional education should be focused on the prison and the school, with the support of the family and the community, and the premise of the prevention and control education of the organized crime is to educate the educators, so that the supervision personnel, the teachers and the parents The promotion of the concept of education and the ability of education to enable education to play a real role, and It is not only a formal mechanical sermon. The propaganda is a large-scale education. Under the multi-media background of globalization and information, the educational people should pay attention to the method, to face the people's right of choice, to respect the people's judgment and to provide a comprehensive letter To actively participate in the prevention and control of organized crime on the basis of understanding, understanding and trust, so as to build the whole
【学位授予单位】：武汉大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：D917.6
本文编号：2482987
[Abstract]:The so-called organized crime culture refers to the common values, the ideology and the behavior pattern system formed by the members of the organization during the formation and development of the crime organization, including the values, the outlook on life, the moral view, the ideal, the belief and the expectation shared by the members of the organization. Attitudes and codes of conduct, etc. The psychology and behavior of the members of the crime organization are more consistent with the tradition, the group consciousness is stronger, the moral and the emotional awareness tend to be obvious and one-sided, the influence of the group leads to the deviation of the behavior of the members of the criminal organization. Organized crime culture is a part of the crime sub-culture, the values of the members of the criminal organization are different from the ordinary people, and there is a great difference between the non-organized criminals and the independent research. This paper discusses the organized crime culture in five parts. The first part is the traditional cultural solution of organized crime The traditional culture is divided into the traditional culture and the small traditional culture. The tradition of organized crime culture is mainly from the small tradition, the people's culture, including the Guild culture, has far-reaching influence, and the cultural flow of the Guild is more important to the internal cohesion of the criminal organization However, the modern organized crime is becoming more and more professional, the fundamental position of the interests is unquestionable, and even no cover is needed, the "tradition" culture has a large impact on the formation of the criminal organization, but the action of the large-scale criminal organizations after the large-scale operation is limited, and the "loyalty" essence The significance of the form of the system of blood is greater than the essence. The study of the traditional culture in the academic circle mainly focuses on the traditional culture, interprets the mainstream culture represented by the Confucian classics, and focuses on the positive significance. However, some of the negative characteristics of the traditional culture are not the suppression of organized crime but the encouragement. The traditional culture education, which has not been abandoned, has a negative effect on the prevention and control of organized crime. in response, that second part is the cultural recognition of organized crime The fundamental mechanism of the role of organized crime is the heart of the members of the criminal organization The majority of the members of the crime organization come from the two release people, the social idle people and the school dropouts, whose birth is" trunk> "subregulation" . The identity of the unemployed and the semi-unemployed people has the psychological self-positioning as the "vulnerable groups", so as to rationalize the social behavior of the society. At the same time, the members of the criminal organization are young and middle-aged or young people with the ability to work, and have the "success" of "name", "make a fortune" and social status to improve the social status. The strong conflict of crime skill, situation and will is the cultural identity of organized crime The origin of the reference group and the active learning desire are the internalization of organized crime culture. The third part is organized crime. The moral is the basic content of the culture, the crime is generally evaluated as the "evil", but the members of the criminal organization tend not to think that the "trunk>" evil "< They generally have a strong sense of morality, but their moral choices are made in the interests of the standard, the moral concept of which is distorted and distorted under the norms of the reference group of the crime organization, and certain aspects of the morality are exaggerated and radicalized. To form paranoia, some of which are light. The moral standard of the members of the criminal organization is obviously divided into two systems, the "moral" of the criminal organization forms the norm and the habit inside the crime organization, there is no moral responsibility to the outside of the crime organization, and the members of the crime organization can eliminate the crime through the rationalization of the crime The moral cost. The fourth part is organized crime. The members of the crime organization also have the emotional needs, which are affected by the life style of high risk and strong violence, and the group of members of the crime organization is very strong and the emotional needs are concentrated in the crime organization. ", a relatively robust letter is often formed between the "a brother" Any and deep feelings. The emotional and the "moral" of the members of the criminal organization are closely related, and are more emotional and fatalistic than the ordinary people, and the members of the criminal organization may be real To commit a more serious crime. The fifth part is organized crime. The construction of the cultural prevention and control system. The culture is produced by the social structure, and the culture cannot be fundamentally changed without changing the social structure. At the same time, the culture is constantly changing, compulsory education and the popularization of the media culture to the culture. To create a realistic possibility. Organized crime culture is of great harm, and the elimination of organized crime culture is a long-term and difficult The project, but it is imperative, to reject organized crime culture from the concept, is to eliminate organized crime culture, The most fundamental method of crime. Prevention and control of organized crime from the perspective of culture. Starting from the aspects of education and publicity, in view of the structural characteristics of the members of the crime organization, the institutional education should be focused on the prison and the school, with the support of the family and the community, and the premise of the prevention and control education of the organized crime is to educate the educators, so that the supervision personnel, the teachers and the parents The promotion of the concept of education and the ability of education to enable education to play a real role, and It is not only a formal mechanical sermon. The propaganda is a large-scale education. Under the multi-media background of globalization and information, the educational people should pay attention to the method, to face the people's right of choice, to respect the people's judgment and to provide a comprehensive letter To actively participate in the prevention and control of organized crime on the basis of understanding, understanding and trust, so as to build the whole
【学位授予单位】：武汉大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：D917.6
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