有組織犯罪及其防治
發(fā)布時(shí)間：2019-05-20 17:10
【摘要】： 有組織犯罪與毒品犯罪、恐怖主義活動(dòng)被并稱為當(dāng)今世界三大災(zāi)難性犯罪，是當(dāng)代國際社會(huì)普遍關(guān)注的熱點(diǎn)問題。有組織犯罪已嚴(yán)重威脅到各國政治、經(jīng)濟(jì)、文化和社會(huì)的發(fā)展，成為世界公害和全人類面臨的一個(gè)共同課題。本文擬對(duì)有組織犯罪的概念、起源與發(fā)展、成因與趨勢(shì)、防治對(duì)策等方面進(jìn)行初步的探討，提出自己粗淺的見解，供理論界和實(shí)務(wù)部門參考。本文共分四個(gè)部分： 在第一部分是有組織犯罪的界定。由于各國的政治、經(jīng)濟(jì)、文化、社會(huì)背景不同，有組織犯罪的表現(xiàn)形式也各不一樣，研究的角度不同，因此，各國甚至一國的有組織犯罪定義不盡相同。本文在總結(jié)中外學(xué)者關(guān)于有組織犯罪概念的基礎(chǔ)上，從犯罪學(xué)的角度，認(rèn)為有組織犯罪應(yīng)界定為三人以上故意實(shí)施的一切有組織的共同犯罪活動(dòng)�？紤]到當(dāng)前我國打擊有組織犯罪的實(shí)際需要，，以及為了與其它國家、地區(qū)和國際組織的有組織犯罪概念取得相對(duì)的一致，本文所探討的有組織犯罪，主要是指黑社會(huì)性質(zhì)組織犯罪和黑社會(huì)犯罪。 在第二部分是有組織犯罪的起源與發(fā)展。選取意大利、美國和中國等三國有組織犯罪的起源和發(fā)展形態(tài)作為材料，對(duì)其進(jìn)行分析。這些國家中的有組織犯罪代表了不同政治、經(jīng)濟(jì)、文化、歷史背景中有組織犯罪的歷史淵源，具有典型意義。了解這些犯罪組織的歷史淵源及其發(fā)展，對(duì)于我們進(jìn)一步認(rèn)識(shí)有組織犯罪以及認(rèn)識(shí)當(dāng)代中國內(nèi)地有組織犯罪十分必要。 在第三部分是分析當(dāng)前中國內(nèi)地有組織犯罪的成因及其發(fā)展趨勢(shì)。筆者把有組織犯罪的成因概括為政治、經(jīng)濟(jì)、文化等三個(gè)方面，并指出在我國社會(huì)轉(zhuǎn)型期和世界經(jīng)濟(jì)全球化的大背景下，我國有組織犯罪的組織形式將更加復(fù)雜和嚴(yán)密，數(shù)量上將呈增長之勢(shì)，質(zhì)量上必將向典型的黑社會(huì)組織犯罪演化，“企業(yè)化”、“公司化”趨勢(shì)顯著，區(qū)域化、國際化趨勢(shì)明顯。 在第四部分是有組織犯罪的防治對(duì)策。介紹了境外防治有組織犯罪的經(jīng)驗(yàn)，并針對(duì)我國防治有組織犯罪的對(duì)策提出了若干建議。指出我國應(yīng)在刑事立法、司法、社會(huì)治安綜合治理和國際合作交流等方面加強(qiáng)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.
【學(xué)位授予單位】：四川大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2006
【分類號(hào)】：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.
【學(xué)位授予單位】：四川大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2006
【分類號(hào)】：D917
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前2條
1 譚s
本文編號(hào)：2481804
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