我國黑社會（性質(zhì)）組織犯罪原因研究
發(fā)布時間：2018-11-28 17:09
【摘要】： 犯罪是孤立的個人反對統(tǒng)治階級關(guān)系的斗爭,隨著社會的發(fā)展,犯罪已逐漸向?qū)I(yè)化、集團化方向發(fā)展。近年來我國黑社會(性質(zhì))組織犯罪待勢高漲、氣焰囂張,并從東南沿海向全國各地滲透、蔓延,成為學術(shù)界和司法界關(guān)注的焦點。 在總結(jié)分析前人研究成果的基礎(chǔ)上,立足理論結(jié)合實際,透過黑社會(性質(zhì))組織犯罪的各種表面現(xiàn)象,深刻剖析其犯罪原因,希望能為完善立法、預(yù)防和打擊黑社會(性質(zhì))組織犯罪提供理論依據(jù)。 首先簡要評述我國大陸地區(qū)、港澳臺地區(qū)及國外一些研究黑社會(性質(zhì))組織犯罪原因頗具有代表性的觀點,分析其優(yōu)勢和不足,并在此基礎(chǔ)上探索我國黑社會(性質(zhì))組織犯罪的特殊原因。其次我國黑社會(性質(zhì))組織犯罪的存在和發(fā)展既離不開其犯罪的各種普遍原因,同時也有其自身的特殊原因。在這些特殊原因中,政治因素是溫床、經(jīng)濟因素是基礎(chǔ)、社會因素是外力。政治上的腐敗和因此而產(chǎn)生的權(quán)力尋租是黑社會(性質(zhì))組織尋求權(quán)力保護的催生激素；市場經(jīng)濟體制不完善而導致的非法市場的大量存在是黑社會(性質(zhì))組織牟取暴利的最大誘因；社會控制力減弱和政府對黑社會(性質(zhì))組織犯罪的打擊力度不夠是黑社會(性質(zhì))組織暴力犯罪猖獗的外在條件。最后除了這些特殊因素以外,我國黑社會(性質(zhì))組織犯罪還受各種歷史因素與外來因素的影響。我國黑社會(性質(zhì))組織犯罪并非某個特定歷史時期的產(chǎn)物,而是具有歷史繼承性的,在其發(fā)展和蔓延過程中受到封建幫會思想、封建等級觀念、封建權(quán)威觀和封建親情觀等各種封建腐朽思想和文化的感染、侵蝕。同時境外黑社會勢力的擴張與滲透、外來腐朽文化的激蕩等外來因素的影響也是我國黑社會(性質(zhì))組織犯罪得以發(fā)展和蔓延的又一個重要原因。
[Abstract]:Crime is an isolated individual struggle against the relationship between the ruling class. With the development of society, crime has gradually developed towards specialization and collectivization. In recent years, the organized crime of underworld (nature) in our country has become the focus of academic and judicial circles because of its upsurge and arrogance, and its infiltration and spread from the southeast coast to all parts of the country. On the basis of summing up and analyzing the previous research results, based on the combination of theory and practice, through the various superficial phenomena of organized crime of underworld (nature), the author deeply analyzes the causes of the crime, hoping to perfect the legislation. To prevent and combat the organized crime of underworld (nature) provides the theoretical basis. First of all, a brief review of the mainland of China, Hong Kong, Macao and Taiwan, as well as some foreign research on the causes of triad (nature) organized crime quite representative point of view, analysis of its advantages and disadvantages, On this basis, it explores the special reasons of the organized crime of underworld in our country. Secondly, the existence and development of the organized crime of underworld (nature) in our country is not only inseparable from the various common reasons of its crime, but also has its own special reasons. Among these special reasons, the political factor is the hotbed, the economic factor is the foundation, and the social factor is the external force. Political corruption and the resulting power rent-seeking is the birth hormone of underworld organizations seeking power protection. The existence of a large number of illegal markets caused by the imperfect market economy system is the biggest inducement for the underworld organizations to make huge profits. The weakening of social control and the insufficient crackdown on the organized crime by the government are the external conditions for the rampant violent crime organized by the underworld. Finally, in addition to these special factors, the organized crime of underworld in our country is also influenced by various historical factors and external factors. The organized crime of underworld (nature) in our country is not the product of a certain historical period, but has the historical inheritance, and in the course of its development and spread, it is subjected to the idea of feudal gang and the concept of feudal hierarchy. Feudal view of authority and feudal view of family feelings and other feudal decadent ideas and culture infection, erosion. At the same time, the influence of foreign factors such as the expansion and infiltration of the foreign underworld forces and the agitation of decadent foreign culture is another important reason for the development and spread of the organized crime of the underworld (nature) in our country.
【學位授予單位】：湖南師范大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D917.1
本文編號：2363642
[Abstract]:Crime is an isolated individual struggle against the relationship between the ruling class. With the development of society, crime has gradually developed towards specialization and collectivization. In recent years, the organized crime of underworld (nature) in our country has become the focus of academic and judicial circles because of its upsurge and arrogance, and its infiltration and spread from the southeast coast to all parts of the country. On the basis of summing up and analyzing the previous research results, based on the combination of theory and practice, through the various superficial phenomena of organized crime of underworld (nature), the author deeply analyzes the causes of the crime, hoping to perfect the legislation. To prevent and combat the organized crime of underworld (nature) provides the theoretical basis. First of all, a brief review of the mainland of China, Hong Kong, Macao and Taiwan, as well as some foreign research on the causes of triad (nature) organized crime quite representative point of view, analysis of its advantages and disadvantages, On this basis, it explores the special reasons of the organized crime of underworld in our country. Secondly, the existence and development of the organized crime of underworld (nature) in our country is not only inseparable from the various common reasons of its crime, but also has its own special reasons. Among these special reasons, the political factor is the hotbed, the economic factor is the foundation, and the social factor is the external force. Political corruption and the resulting power rent-seeking is the birth hormone of underworld organizations seeking power protection. The existence of a large number of illegal markets caused by the imperfect market economy system is the biggest inducement for the underworld organizations to make huge profits. The weakening of social control and the insufficient crackdown on the organized crime by the government are the external conditions for the rampant violent crime organized by the underworld. Finally, in addition to these special factors, the organized crime of underworld in our country is also influenced by various historical factors and external factors. The organized crime of underworld (nature) in our country is not the product of a certain historical period, but has the historical inheritance, and in the course of its development and spread, it is subjected to the idea of feudal gang and the concept of feudal hierarchy. Feudal view of authority and feudal view of family feelings and other feudal decadent ideas and culture infection, erosion. At the same time, the influence of foreign factors such as the expansion and infiltration of the foreign underworld forces and the agitation of decadent foreign culture is another important reason for the development and spread of the organized crime of the underworld (nature) in our country.
【學位授予單位】：湖南師范大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D917.1
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