社會(huì)轉(zhuǎn)型時(shí)期農(nóng)民工犯罪原因及對(duì)策研究
發(fā)布時(shí)間：2018-08-16 16:08
【摘要】： “農(nóng)民工”是近十年來才流行的一個(gè)名詞。伴隨著城鎮(zhèn)化進(jìn)程的加快,轉(zhuǎn)移農(nóng)村剩余勞動(dòng)力的需要,提高農(nóng)民收入的迫切要求,大量的農(nóng)村勞動(dòng)力涌入了各大中城市。這些勞動(dòng)力來到城鎮(zhèn)主要從事第二、三產(chǎn)業(yè)勞動(dòng),社會(huì)上把這些人稱為“農(nóng)民工”。農(nóng)民工是我國在計(jì)劃經(jīng)濟(jì)向市場經(jīng)濟(jì)社會(huì)轉(zhuǎn)型過程中形成的一種特殊群體,是指常年或者大部分時(shí)間在城市企業(yè)務(wù)工,但戶籍仍在農(nóng)村的一部分群體�！稗r(nóng)民工”這一概念首先是一種身份的表征,即戶籍制規(guī)定下的農(nóng)民,其次才表示一種職業(yè),即城市中從事各種職業(yè)的工人。2004年,全國總工會(huì)會(huì)同國家統(tǒng)計(jì)局開展的第五次全國職工隊(duì)伍狀況調(diào)查顯示,到2003年底,中國的就業(yè)人數(shù)達(dá)到74423萬人,第二、三產(chǎn)業(yè)吸納的勞動(dòng)力達(dá)37886萬人,其中國有和集體所有單位的職工已分別下降為6621萬人和950萬人。這意味著在現(xiàn)階段,我國農(nóng)民工數(shù)量已超過2億,已經(jīng)成為城市社會(huì)群體中的重要組成部分,形成了一股不可忽視的社會(huì)力量。農(nóng)民進(jìn)城務(wù)工為城市建設(shè)和經(jīng)濟(jì)發(fā)展作出了重大貢獻(xiàn),但是由于歷史的和現(xiàn)實(shí)的原因形成的農(nóng)民工自身素質(zhì)低下及決策和管理部門對(duì)農(nóng)民進(jìn)城務(wù)工問題認(rèn)識(shí)上的不足,導(dǎo)致計(jì)劃經(jīng)濟(jì)下形成的城鄉(xiāng)二元體制與農(nóng)民進(jìn)城務(wù)工產(chǎn)生嚴(yán)重沖突,求職困難并且只能從事低端勞動(dòng)的農(nóng)民工處境艱難,由此產(chǎn)生了一系列復(fù)雜的社會(huì)問題,農(nóng)民工犯罪率不斷上升。 農(nóng)民工犯罪是我國社會(huì)轉(zhuǎn)型期中出現(xiàn)并不可避免的問題。我國歷史以來形成的以農(nóng)養(yǎng)工,以鄉(xiāng)養(yǎng)城模式,導(dǎo)致了農(nóng)村與城市發(fā)展嚴(yán)重不平衡。在當(dāng)前經(jīng)濟(jì)變革和社會(huì)轉(zhuǎn)型時(shí)期,各種新舊體制、觀念發(fā)生激烈碰撞必然產(chǎn)生大量社會(huì)矛盾,農(nóng)民工犯罪就是其中的一個(gè)產(chǎn)物。在社會(huì)轉(zhuǎn)型期,新舊體制交替并存,舊體制尚未完全消失,新體制尚未完善,在這種情況下社會(huì)管理難免出現(xiàn)漏洞,社會(huì)控制力在某些方面有所降低。再加上我國長期形成的二元社會(huì)結(jié)構(gòu)的存在,使得我國城鄉(xiāng)差別巨大,城市化水平滯后,吸納力有限,而在二元社會(huì)結(jié)構(gòu)下積蓄的大量的農(nóng)村剩余勞動(dòng)力能量,隨著戶籍制度的松動(dòng)和對(duì)人口流動(dòng)限制的逐漸放開而釋放,導(dǎo)致了“民工潮”現(xiàn)象的出現(xiàn)。這些被城市巨變的洪流卷入城市的農(nóng)村人口大都滿懷希望,企圖通過地域之間的單純性流動(dòng)來達(dá)到自身生活水平的提高,因此,帶有極大的盲目性、從眾性和片面性。而接納“民工潮”的城市,面對(duì)洶涌的農(nóng)民工大軍,傳統(tǒng)的靜態(tài)的社會(huì)控制機(jī)制已經(jīng)遠(yuǎn)遠(yuǎn)不能適應(yīng)新的形勢需要,同時(shí),城市居民面對(duì)如此大規(guī)模涌入城市的“民工潮”短期內(nèi)難以適應(yīng),極易產(chǎn)生沖突和摩擦。在這樣的背景下,農(nóng)民工犯罪則不可避免的產(chǎn)生了。對(duì)農(nóng)民工犯罪的研究本文從以下幾個(gè)部分進(jìn)行論述: 一、社會(huì)轉(zhuǎn)型的界定。對(duì)于社會(huì)轉(zhuǎn)型的涵義,不同的學(xué)者有不同的理解,雖然對(duì)社會(huì)轉(zhuǎn)型涵義的理解不同,但是有一點(diǎn)是相同的,即社會(huì)轉(zhuǎn)型的核心內(nèi)容是從傳統(tǒng)社會(huì)向現(xiàn)代化社會(huì)的轉(zhuǎn)變。轉(zhuǎn)型時(shí)期整個(gè)社會(huì)矛盾有著特殊的復(fù)雜性,社會(huì)沖突增多與激化常常難以避免,作為社會(huì)沖突極端化表現(xiàn)形式的犯罪將會(huì)日益擴(kuò)張。從農(nóng)村來到城市打工與生活的農(nóng)民工群體正好處于經(jīng)濟(jì)市場化與人口非農(nóng)化、城市化這兩個(gè)巨大社會(huì)轉(zhuǎn)型的交叉點(diǎn),承接著兩大社會(huì)轉(zhuǎn)型所帶來的各種主要社會(huì)矛盾和社會(huì)沖突,城市外來農(nóng)民工犯罪便是這些矛盾與沖突在他們那里日益復(fù)雜化與尖銳化的結(jié)果。 二、農(nóng)民工犯罪的發(fā)展發(fā)展變化階段、現(xiàn)狀及特點(diǎn)。根據(jù)犯罪統(tǒng)計(jì)資料分析,農(nóng)民工犯罪的發(fā)展變化大致可以劃分為三個(gè)不同階段。1、初始階段。20世紀(jì)70年代末至80年代中期,是我國農(nóng)民工犯罪發(fā)展變化的初始階段。2、發(fā)展階段。20世紀(jì)80年代中期至90年代初期,出現(xiàn)了一個(gè)農(nóng)村勞動(dòng)力進(jìn)城高潮,也是我國農(nóng)民工犯罪的發(fā)展階段。3、嚴(yán)重化階段。20世紀(jì)90年代初至今,農(nóng)民大量涌入城市,是我國農(nóng)民工犯罪發(fā)展變化的嚴(yán)重化階段。農(nóng)民工犯罪的現(xiàn)狀不僅表現(xiàn)在犯罪案件數(shù)量比例上的增加,也體現(xiàn)在犯罪的嚴(yán)重性上的加重。農(nóng)民工犯罪有以下特點(diǎn):侵財(cái)性、季節(jié)性、低文化低齡化趨勢、團(tuán)伙性、流動(dòng)性、自力救濟(jì)性。 三、農(nóng)民工犯罪的原因。1、社會(huì)背景因素。我國社會(huì)現(xiàn)在正處在轉(zhuǎn)型期,社會(huì)轉(zhuǎn)型期是社會(huì)問題包括犯罪問題的多發(fā)期。2、城鄉(xiāng)二元結(jié)構(gòu)政策下的戶籍制度。二元戶籍制度使農(nóng)民與城市居民地位差別巨大。憤懣的心理容易造成農(nóng)民工犯罪心理。3、經(jīng)濟(jì)因素。對(duì)于以謀財(cái)為特征的農(nóng)民工犯罪來說,經(jīng)濟(jì)因素是至關(guān)重要的原因。4、文化原因。農(nóng)民工進(jìn)入城市后,脫離了農(nóng)村原有文化道德和風(fēng)俗習(xí)慣的約束控制,這就大大弱化了他們的自我遏制系統(tǒng),必然導(dǎo)致大量犯罪的發(fā)生。5、社會(huì)環(huán)境因素。整個(gè)社會(huì)對(duì)農(nóng)民工的歧視導(dǎo)致犯罪發(fā)生。6、農(nóng)民工維權(quán)成本過高。時(shí)間成本、經(jīng)濟(jì)成本使得他們放棄法律途徑,進(jìn)而尋求非法的維權(quán)渠道。7、農(nóng)民工個(gè)體因素。文化水平低,決定了農(nóng)民工擇業(yè)的選擇面非常窄。法制觀念淡薄,對(duì)現(xiàn)代社會(huì)的適應(yīng)能力差,自我心理控制和自我調(diào)節(jié)能力差。 四、農(nóng)民工犯罪的預(yù)防對(duì)策。從近期來看,建立農(nóng)民工維權(quán)機(jī)制,針對(duì)農(nóng)民工犯罪人實(shí)行寬嚴(yán)相濟(jì)的刑事政策。從長遠(yuǎn)看,抓經(jīng)濟(jì),重教育,改政策。打破二元社會(huì)結(jié)構(gòu),消除社會(huì)歧視,建立平等公正的居民社會(huì)。 筆者認(rèn)為,在構(gòu)建和諧社會(huì)的進(jìn)程中必須認(rèn)真解決農(nóng)民工犯罪問題,從而降低農(nóng)民工犯罪率,這有利于保障公民的合法權(quán)益,有利于城鄉(xiāng)協(xié)調(diào)發(fā)展,有利于加快工業(yè)化和城鎮(zhèn)化建設(shè),有利于“三農(nóng)”問題的解決,有利于社會(huì)的和諧穩(wěn)定。
[Abstract]:With the acceleration of urbanization process, the need to transfer surplus rural labor force and the urgent need to raise farmers'income, a large number of rural labor force has poured into large and medium-sized cities. These labor force come to cities and towns mainly engaged in secondary and tertiary industry labor, which is called by society. Migrant workers are a special group formed during the transition from planned economy to market economy society in China, which refers to those who work in urban enterprises all year or most of the time, but whose household registration is still in the countryside. In 2004, the Fifth National Staff and Workers'Survey conducted by the All-China Federation of Trade Unions and the State Bureau of Statistics showed that by the end of 2003, the number of employees in China had reached 744.23 million. Secondly, the tertiary industry had absorbed 378.86 million workers, including state-owned and collective-owned enterprises. The number of migrant workers has dropped to 66.21 million and 9.5 million respectively. This means that the number of migrant workers in China has exceeded 200 million at this stage, and has become an important part of urban social groups, forming a social force that can not be ignored. The low quality of the peasant workers themselves and the insufficiency of the decision-making and management departments in understanding the peasants'migrant work in cities have resulted in the serious conflict between the urban-rural dual system formed under the planned economy and the peasants' migrant work in cities. The peasant workers who are difficult to find jobs and can only engage in low-end labor are in a difficult situation. A series of complex social problems, the crime rate of migrant workers is rising.
Crime committed by peasant workers is an unavoidable problem in the period of social transformation in China.The pattern of farming for workers and countryside for cities has resulted in a serious imbalance between rural and urban development.In the current period of economic transformation and social transformation, the fierce collision between old and new systems and concepts will inevitably lead to a large number of social contradictions. In the period of social transformation, the old and new systems have not completely disappeared, and the new system has not yet been perfected. In this case, the social management inevitably appears loopholes, and the social control power has been reduced in some aspects. With the loosening of the household registration system and the gradual liberalization of the restrictions on the flow of population, the energy of rural surplus labor accumulated under the dual social structure is released, resulting in the emergence of the phenomenon of "migrant worker tide". Most of them are full of hope, trying to improve their living standards through the simple flow between regions. Therefore, it has great blindness, conformity and one-sidedness. At the same time, it is difficult for urban residents to adapt to such a large-scale influx of "migrant workers" in the short term, and they are prone to conflict and friction. Under such a background, the crime of migrant workers is inevitable.
First, the definition of social transformation. Different scholars have different understandings of the meaning of social transformation. Although they have different understandings of the meaning of social transformation, one thing is the same, that is, the core content of social transformation is the transformation from traditional society to modern society. Rapid increase and intensification are often unavoidable, and crime, as the extreme manifestation of social conflict, will be expanding day by day. The main social contradictions and social conflicts, urban migrant workers crime is the result of these contradictions and conflicts in their increasingly complex and acute.
According to the analysis of crime statistics, the development and change of peasant workers'crime can be roughly divided into three different stages. 1. Initial stage. From the end of 1970s to the middle of 1980s, it is the initial stage of the development and change of peasant workers' crime. 2. Development stage. 1980s From the mid-1990s to the early 1990s, there was a high tide of rural labor force entering the city, which was also the development stage of migrant workers'crime. The increase also reflects the aggravation of the seriousness of the crime. The crimes committed by peasant workers have the following characteristics: property invasion, seasonality, the trend of low cultural age, gang nature, mobility, self-reliance relief.
Third, the causes of migrant workers'crime. 1, social background factors. Our society is now in a transitional period, social transition is a period of social problems including crime. 2, urban and rural dual structure policy under the household registration system. 3, economic factors. For the peasant workers'crime characterized by making money, economic factors are the most important reasons. 4, cultural reasons. After the peasant workers enter the city, they are separated from the control of the original rural culture, morality and customs, which greatly weakens their self-contained system, and will inevitably lead to a large number of crimes. Discrimination against migrant workers in the whole society leads to crime. 6. The cost of protecting the rights of migrant workers is too high. The cost of time and economy makes them give up legal channels and seek illegal channels for protecting their rights. 7. The low level of education determines the narrow choice of employment for migrant workers. The adaptability of the generation society is poor, and the ability of self control and self adjustment is poor.
In the near future, we should establish a mechanism for safeguarding the rights of migrant workers and implement a criminal policy of combining mercy with severity against the criminals of migrant workers.
The author believes that in the process of building a harmonious society, we must earnestly solve the crime problem of peasant workers, so as to reduce the crime rate of peasant workers, which is conducive to the protection of the legitimate rights and interests of citizens, the coordinated development of urban and rural areas, the acceleration of industrialization and urbanization, the solution of the "three rural" problems, and the social harmony and stability.
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2008
【分類號(hào)】：D917
本文編號(hào)：2186487
[Abstract]:With the acceleration of urbanization process, the need to transfer surplus rural labor force and the urgent need to raise farmers'income, a large number of rural labor force has poured into large and medium-sized cities. These labor force come to cities and towns mainly engaged in secondary and tertiary industry labor, which is called by society. Migrant workers are a special group formed during the transition from planned economy to market economy society in China, which refers to those who work in urban enterprises all year or most of the time, but whose household registration is still in the countryside. In 2004, the Fifth National Staff and Workers'Survey conducted by the All-China Federation of Trade Unions and the State Bureau of Statistics showed that by the end of 2003, the number of employees in China had reached 744.23 million. Secondly, the tertiary industry had absorbed 378.86 million workers, including state-owned and collective-owned enterprises. The number of migrant workers has dropped to 66.21 million and 9.5 million respectively. This means that the number of migrant workers in China has exceeded 200 million at this stage, and has become an important part of urban social groups, forming a social force that can not be ignored. The low quality of the peasant workers themselves and the insufficiency of the decision-making and management departments in understanding the peasants'migrant work in cities have resulted in the serious conflict between the urban-rural dual system formed under the planned economy and the peasants' migrant work in cities. The peasant workers who are difficult to find jobs and can only engage in low-end labor are in a difficult situation. A series of complex social problems, the crime rate of migrant workers is rising.
Crime committed by peasant workers is an unavoidable problem in the period of social transformation in China.The pattern of farming for workers and countryside for cities has resulted in a serious imbalance between rural and urban development.In the current period of economic transformation and social transformation, the fierce collision between old and new systems and concepts will inevitably lead to a large number of social contradictions. In the period of social transformation, the old and new systems have not completely disappeared, and the new system has not yet been perfected. In this case, the social management inevitably appears loopholes, and the social control power has been reduced in some aspects. With the loosening of the household registration system and the gradual liberalization of the restrictions on the flow of population, the energy of rural surplus labor accumulated under the dual social structure is released, resulting in the emergence of the phenomenon of "migrant worker tide". Most of them are full of hope, trying to improve their living standards through the simple flow between regions. Therefore, it has great blindness, conformity and one-sidedness. At the same time, it is difficult for urban residents to adapt to such a large-scale influx of "migrant workers" in the short term, and they are prone to conflict and friction. Under such a background, the crime of migrant workers is inevitable.
First, the definition of social transformation. Different scholars have different understandings of the meaning of social transformation. Although they have different understandings of the meaning of social transformation, one thing is the same, that is, the core content of social transformation is the transformation from traditional society to modern society. Rapid increase and intensification are often unavoidable, and crime, as the extreme manifestation of social conflict, will be expanding day by day. The main social contradictions and social conflicts, urban migrant workers crime is the result of these contradictions and conflicts in their increasingly complex and acute.
According to the analysis of crime statistics, the development and change of peasant workers'crime can be roughly divided into three different stages. 1. Initial stage. From the end of 1970s to the middle of 1980s, it is the initial stage of the development and change of peasant workers' crime. 2. Development stage. 1980s From the mid-1990s to the early 1990s, there was a high tide of rural labor force entering the city, which was also the development stage of migrant workers'crime. The increase also reflects the aggravation of the seriousness of the crime. The crimes committed by peasant workers have the following characteristics: property invasion, seasonality, the trend of low cultural age, gang nature, mobility, self-reliance relief.
Third, the causes of migrant workers'crime. 1, social background factors. Our society is now in a transitional period, social transition is a period of social problems including crime. 2, urban and rural dual structure policy under the household registration system. 3, economic factors. For the peasant workers'crime characterized by making money, economic factors are the most important reasons. 4, cultural reasons. After the peasant workers enter the city, they are separated from the control of the original rural culture, morality and customs, which greatly weakens their self-contained system, and will inevitably lead to a large number of crimes. Discrimination against migrant workers in the whole society leads to crime. 6. The cost of protecting the rights of migrant workers is too high. The cost of time and economy makes them give up legal channels and seek illegal channels for protecting their rights. 7. The low level of education determines the narrow choice of employment for migrant workers. The adaptability of the generation society is poor, and the ability of self control and self adjustment is poor.
In the near future, we should establish a mechanism for safeguarding the rights of migrant workers and implement a criminal policy of combining mercy with severity against the criminals of migrant workers.
The author believes that in the process of building a harmonious society, we must earnestly solve the crime problem of peasant workers, so as to reduce the crime rate of peasant workers, which is conducive to the protection of the legitimate rights and interests of citizens, the coordinated development of urban and rural areas, the acceleration of industrialization and urbanization, the solution of the "three rural" problems, and the social harmony and stability.
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2008
【分類號(hào)】：D917
【參考文獻(xiàn)】
相關(guān)期刊論文 前2條
1 黃立;試析流動(dòng)人口犯罪的十大特點(diǎn)[J];湖南公安高等�？茖W(xué)校學(xué)報(bào);1999年05期
2 劉祖云;社會(huì)轉(zhuǎn)型與社會(huì)流動(dòng):從理論到現(xiàn)實(shí)的探討[J];華中師范大學(xué)學(xué)報(bào)(人文社會(huì)科學(xué)版);1998年05期
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