轉(zhuǎn)型期的中國黑社會（性質(zhì)）組織犯罪成因及其防治對策研究
發(fā)布時間：2019-05-20 16:02
【摘要】： 黑社會(性質(zhì))組織通過實施各種違法犯罪行為,來攫取巨額利潤,極為惡劣地影響到人民的生活,破壞社會、經(jīng)濟(jì)秩序,甚至已將魔爪深入到政治領(lǐng)域,干擾國家正常的政治生活,進(jìn)而更進(jìn)一步影響到國家經(jīng)濟(jì)和社會安全,在世界范圍內(nèi)具有共同性。打擊、防范黑社會(性質(zhì))組織犯罪已經(jīng)成為一個刻不容緩的嚴(yán)峻社會問題,對此不僅要加大司法懲治力度,更需要多部門聯(lián)合行動;還要完善相關(guān)反黑立法與制度建設(shè),加強國際反黑合作。本文立足于中國轉(zhuǎn)型期這個特殊國情,通過分析黑社會(性質(zhì))組織犯罪產(chǎn)生的原因和發(fā)展壯大的規(guī)律,提出反黑社會(性質(zhì))組織犯罪的基本方略和具體防治對策,以期為我國反黑社會(性質(zhì))組織犯罪斗爭順利和深入的開展提供對策建議。 本論文內(nèi)容分為五部分: 第一章為黑社會(性質(zhì))組織犯罪的成因基礎(chǔ)理論。首先闡述了黑社會(性質(zhì))組織犯罪的成因研究的必要性和研究現(xiàn)狀,指出:我國的黑社會性質(zhì)組織犯罪已經(jīng)有向黑社會組織犯罪發(fā)展的趨勢,而我國立法規(guī)定和司法斗爭的實踐卻相對滯后,不利于打擊和防范黑社會(性質(zhì))組織犯罪活動。對黑社會(性質(zhì))組織犯罪成因的理論研究,國外主要是美國比較領(lǐng)先,國內(nèi)的相對較少。其次對國內(nèi)外各種成因理論和中國當(dāng)前轉(zhuǎn)型期黑社會(性質(zhì))組織犯罪的發(fā)展規(guī)律和成因進(jìn)行分析。國外的有組織犯罪成因理論主要有:生態(tài)學(xué)派理論或人類學(xué)派理論、社會失范理論、區(qū)別交往理論、文化傳輸理論、種族繼承理論、社會控制理論;國內(nèi)有關(guān)黑社會(性質(zhì))犯罪的成因理論主要有:自組織原因論、同步論、滲透論、國家—社會范式分析論等。通過分析,進(jìn)一步深入剖析了黑社會(性質(zhì))組織犯罪的成因和發(fā)展規(guī)律,為打擊和防范黑社會(性質(zhì))組織犯罪提供理論指導(dǎo)和幫助。 第二章中國黑社會(性質(zhì))組織犯罪的成因分析。宏觀層面講,我國目前正面臨社會轉(zhuǎn)型,社會轉(zhuǎn)型所帶來的社會結(jié)構(gòu)、文化結(jié)構(gòu)、政治結(jié)構(gòu)等整體性變遷是目前黑社會(性質(zhì))組織犯罪產(chǎn)生的社會基礎(chǔ)。其中包括轉(zhuǎn)型期的犯罪亞文化是黑社會(性質(zhì))組織犯罪產(chǎn)生的文化土壤,腐敗為黑社會(性質(zhì))組織犯罪提供了外在力量基礎(chǔ),使得打擊黑社會(性質(zhì))組織犯罪更加困難;以小家庭為單位的社會結(jié)構(gòu)使得人與人之間的關(guān)系疏遠(yuǎn),遠(yuǎn)離了傳統(tǒng)道德規(guī)范、習(xí)俗的約束,社會控制力逐漸弱化,這種弱化為黑社會(性質(zhì))組織犯罪創(chuàng)造了環(huán)境條件。微觀層面,主要是從心理學(xué)角度審視黑社會(性質(zhì))組織犯罪的個體原因。 第三章、第四章和第五章為防范和打擊黑社會(性質(zhì))組織犯罪的對策研究。第三章是對國外和港澳地區(qū)黑社會組織犯罪的防治對策進(jìn)行考察,國外和港澳地區(qū)的對策考察主要包括立法和司法兩個方面,立法包括實體法和程序法上的規(guī)定,司法包括開展反黑專項斗爭、反黑戰(zhàn)略戰(zhàn)術(shù)、加強與金融機構(gòu)合作、加強國際和區(qū)際合作等。第四章是對我國大陸黑社會(性質(zhì))組織犯罪防范和打擊的現(xiàn)有對策進(jìn)行分析和闡述,指出我國黑社會性質(zhì)組織犯罪的立法規(guī)定缺乏系統(tǒng)性和完備性,司法工作體制亦不健全,與其他國家相比尚需要改進(jìn)和完善。第五章根據(jù)對我國目前的黑社會(性質(zhì))組織犯罪的成因和發(fā)展趨勢的分析,提出立法和司法對策的構(gòu)建。建議分別從宏觀和微觀兩個層面提出:宏觀層面上,一是總的戰(zhàn)略方針,即“加強社會治安綜合治理,打防結(jié)合,預(yù)防為主”的戰(zhàn)略方針,并注重全球化和中國目前正處于社會轉(zhuǎn)型期這兩個時代特征;二具體來講就是需要加強社會主義民主政治建設(shè)、加強經(jīng)濟(jì)建設(shè),深化經(jīng)濟(jì)體制改革,完善社會主義市場經(jīng)濟(jì)體制,規(guī)范社會主義市場秩序,還要加強文化與思想道德建設(shè);微觀層面上,一是加強和完善反黑司法基礎(chǔ)工作,如加強社區(qū)控制,落實社會治安綜合治理,建立專門的反黑機構(gòu),加強國際反黑工作合作等;二是完善相關(guān)立法規(guī)定,包括實體法和程序法的健全與完善。
[Abstract]:The underworld (nature) organization, through the implementation of various illegal and criminal acts, has severely affected the life of the people, destroyed the social and economic order, and even deeper into the political field and interfered with the normal political life of the state. Furthermore, the economic and social security of the State is further affected, and it is common in the world. To combat and prevent the organized crime of the underworld has become an urgent and serious social problem. It is not only necessary to strengthen the judicial punishment, but also the joint action of the multi-departments, and also to improve the relevant anti-black legislation and system construction, and to strengthen the international anti-black cooperation. Based on the special situation of China's transitional period, this paper puts forward the basic plan and the concrete control measures of the anti-triad (nature) organization crime by analyzing the causes and the development of the crime of the underworld (nature), The aim of this paper is to provide some suggestions for the smooth and in-depth implementation of the anti-triad (nature) organized crime in China. The contents of this paper are divided into Part V: The first chapter is an organized crime of the underworld (nature) The basic theory of the origin of the organized crime of the underworld is described in the first part. The necessity and the present situation of the study on the origin of the organized crime of the underworld are described in the first part. It is pointed out that the organized crime of the underworld in our country has the tendency of crime development to the underworld, and the legislative provisions in China and the judicial struggle The practice is relatively lagging, which is not conducive to the fight against and guard against the underworld. Organized crime. The theoretical study of the cause of organized crime of the underworld (nature), and the foreign country is mainly the leading of the United States, The relatively few domestic and foreign origin theory and the development law of the crime of organized crime in China's current transition period The origin of organized crime abroad is: the theory of the ecological school or the theory of the human school, the theory of social anomie, the theory of different communication, the theory of cultural transmission, the theory of racial inheritance, the theory of social control, and the crime of the gangland in China. The main causes of the cause theory are: the self-organization reason theory, the synchronization theory, the penetration theory, the national development society Through the analysis, the origin and development of the organized crime of the underworld (nature) are further analyzed, and the crime of organized crime of the underworld (nature) is provided. The theory direction and help. Chapter 2: China's underworld (sex) The analysis of the cause of the organized crime. At the macro level, China is facing the social transformation, the social structure, the cultural structure and the political structure brought by the social transformation are the present underworld (nature) The social basis of organized crime, including the criminal subculture in the transitional period, is the cultural soil produced by the organized crime of the underworld (nature), and the corruption provides an external force basis for the organized crime of the underworld (nature), so as to fight the underworld (nature). It is more difficult to organize the crime; the social structure, which is the unit of the small family, alienates the relationship between the person and the person, and is far from the traditional moral standard and the custom's restriction, and the social control force is gradually weakened, and the weakening is the underworld (nature) Organized crime has created an environmental condition. At the micro level, it is mainly from the point of view of psychology to look at the underworld. The individual causes of organized crime. The third, the fourth and the fifth chapter are to prevent and combat the black. The third chapter is to study the prevention and control of the organized crime of the underworld in the foreign countries and the Hong Kong, Macao and Macao, and the countermeasures in the foreign countries and the Hong Kong and Macao areas mainly include both the legislative and the judicial aspects. The legislation includes the substantive law and the procedural law. Provision is made for the administration of justice, including anti-black special struggle, anti-black strategy and tactics, strengthening and finance The fourth chapter is to analyze and expound the existing countermeasures to prevent and combat the organized crime of the Chinese mainland, and point out the lack of systematicness of the legislation of the organized crime of the underworld of our country. and the system of judicial work is not sound, Compared with other countries, there is still a need for improvement and improvement. The fifth chapter is based on the origin and development trend of the crime of organized crime in our country. This paper analyzes and puts forward the construction of the legislation and the judicial countermeasures. It is suggested that the macro-level, the first is the overall strategic approach, that is, the strategic approach of the "To strengthen the comprehensive management of public security, prevent and combine, and put prevention first", and focus on the globalization and the present situation of China in particular, it is necessary to strengthen that socialist democratic political construction, strengthen the economic construction, deepen the reform of the economic system, improve the socialist market economic system, regulate the order of the socialist market, and strengthen the socialist market On the micro level, one is to strengthen and improve the basic work of anti-black justice, such as strengthening community control, implementing comprehensive management of public security, establishing special anti-black institutions, strengthening international anti-black work cooperation, etc., and perfecting relevant legislative provisions.
【學(xué)位授予單位】：中國政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2009
【分類號】：D917
本文編號：2481762
[Abstract]:The underworld (nature) organization, through the implementation of various illegal and criminal acts, has severely affected the life of the people, destroyed the social and economic order, and even deeper into the political field and interfered with the normal political life of the state. Furthermore, the economic and social security of the State is further affected, and it is common in the world. To combat and prevent the organized crime of the underworld has become an urgent and serious social problem. It is not only necessary to strengthen the judicial punishment, but also the joint action of the multi-departments, and also to improve the relevant anti-black legislation and system construction, and to strengthen the international anti-black cooperation. Based on the special situation of China's transitional period, this paper puts forward the basic plan and the concrete control measures of the anti-triad (nature) organization crime by analyzing the causes and the development of the crime of the underworld (nature), The aim of this paper is to provide some suggestions for the smooth and in-depth implementation of the anti-triad (nature) organized crime in China. The contents of this paper are divided into Part V: The first chapter is an organized crime of the underworld (nature) The basic theory of the origin of the organized crime of the underworld is described in the first part. The necessity and the present situation of the study on the origin of the organized crime of the underworld are described in the first part. It is pointed out that the organized crime of the underworld in our country has the tendency of crime development to the underworld, and the legislative provisions in China and the judicial struggle The practice is relatively lagging, which is not conducive to the fight against and guard against the underworld. Organized crime. The theoretical study of the cause of organized crime of the underworld (nature), and the foreign country is mainly the leading of the United States, The relatively few domestic and foreign origin theory and the development law of the crime of organized crime in China's current transition period The origin of organized crime abroad is: the theory of the ecological school or the theory of the human school, the theory of social anomie, the theory of different communication, the theory of cultural transmission, the theory of racial inheritance, the theory of social control, and the crime of the gangland in China. The main causes of the cause theory are: the self-organization reason theory, the synchronization theory, the penetration theory, the national development society Through the analysis, the origin and development of the organized crime of the underworld (nature) are further analyzed, and the crime of organized crime of the underworld (nature) is provided. The theory direction and help. Chapter 2: China's underworld (sex) The analysis of the cause of the organized crime. At the macro level, China is facing the social transformation, the social structure, the cultural structure and the political structure brought by the social transformation are the present underworld (nature) The social basis of organized crime, including the criminal subculture in the transitional period, is the cultural soil produced by the organized crime of the underworld (nature), and the corruption provides an external force basis for the organized crime of the underworld (nature), so as to fight the underworld (nature). It is more difficult to organize the crime; the social structure, which is the unit of the small family, alienates the relationship between the person and the person, and is far from the traditional moral standard and the custom's restriction, and the social control force is gradually weakened, and the weakening is the underworld (nature) Organized crime has created an environmental condition. At the micro level, it is mainly from the point of view of psychology to look at the underworld. The individual causes of organized crime. The third, the fourth and the fifth chapter are to prevent and combat the black. The third chapter is to study the prevention and control of the organized crime of the underworld in the foreign countries and the Hong Kong, Macao and Macao, and the countermeasures in the foreign countries and the Hong Kong and Macao areas mainly include both the legislative and the judicial aspects. The legislation includes the substantive law and the procedural law. Provision is made for the administration of justice, including anti-black special struggle, anti-black strategy and tactics, strengthening and finance The fourth chapter is to analyze and expound the existing countermeasures to prevent and combat the organized crime of the Chinese mainland, and point out the lack of systematicness of the legislation of the organized crime of the underworld of our country. and the system of judicial work is not sound, Compared with other countries, there is still a need for improvement and improvement. The fifth chapter is based on the origin and development trend of the crime of organized crime in our country. This paper analyzes and puts forward the construction of the legislation and the judicial countermeasures. It is suggested that the macro-level, the first is the overall strategic approach, that is, the strategic approach of the "To strengthen the comprehensive management of public security, prevent and combine, and put prevention first", and focus on the globalization and the present situation of China in particular, it is necessary to strengthen that socialist democratic political construction, strengthen the economic construction, deepen the reform of the economic system, improve the socialist market economic system, regulate the order of the socialist market, and strengthen the socialist market On the micro level, one is to strengthen and improve the basic work of anti-black justice, such as strengthening community control, implementing comprehensive management of public security, establishing special anti-black institutions, strengthening international anti-black work cooperation, etc., and perfecting relevant legislative provisions.
【學(xué)位授予單位】：中國政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2009
【分類號】：D917
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 劉勇斌;略論黑社會性質(zhì)組織犯罪的預(yù)防和控制[D];中央民族大學(xué);2010年
，本文編號：2481762
本文鏈接：http://sikaile.net/falvlunwen/fanzuizhian/2481762.html
教材專著
