有組織犯罪文化研究
發(fā)布時間：2019-05-22 13:51
【摘要】：所謂有組織犯罪文化,是指在犯罪組織形成、發(fā)展過程中,組織成員形成的共有的價值觀、思想意識和行為模式體系,包括組織成員共有的價值觀、人生觀、道德觀、理想、信念、期望、態(tài)度和行為準(zhǔn)則等。犯罪組織成員的心理和行為更遵循傳統(tǒng),團(tuán)體意識更強(qiáng),道德和情感意識傾向性明顯,片面的認(rèn)識、團(tuán)體的影響導(dǎo)致了犯罪組織成員行為的偏差。有組織犯罪文化是犯罪亞文化的一部分,犯罪組織成員的價值觀迥異于普通人,而且與非有組織犯罪人也有很大差異,對其獨立進(jìn)行研究具有較大意義。本文分五個部分對有組織犯罪文化進(jìn)行探討。 第一部分為有組織犯罪傳統(tǒng)文化解析。傳統(tǒng)文化分為大傳統(tǒng)文化和小傳統(tǒng)文化。有組織犯罪文化的傳統(tǒng)主要來源于小傳統(tǒng),包含幫會文化在內(nèi)的游民文化對其影響深遠(yuǎn),而幫會文化流毒對于犯罪組織的內(nèi)部凝聚力更具有重大意義。不過,當(dāng)代有組織犯罪越來越職業(yè)化,利益的根本地位不容置疑,甚至不需掩飾,幫會“傳統(tǒng)”文化在犯罪組織組建初期影響較大,但對于大型犯罪組織規(guī)�；蟮男袆幼饔糜邢�,“忠義”精神、擬制血緣制度的形式意義大于實質(zhì)意義。學(xué)界對傳統(tǒng)文化的研究主要集中于大傳統(tǒng)文化,對以儒家經(jīng)典為代表的主流文化進(jìn)行解讀,并側(cè)重其積極意義,但大傳統(tǒng)文化中的一些負(fù)面特質(zhì)對有組織犯罪起的不是抑制而是鼓動的作用,未予揚棄的傳統(tǒng)文化教育對有組織犯罪防控反而具有負(fù)面影響。 第二部分為有組織犯罪文化認(rèn)同研究。有組織犯罪文化作用的根本機(jī)制在于犯罪組織成員的心理認(rèn)同。犯罪組織成員多來自兩勞釋解人員、社會閑散人員和輟學(xué)青少年,其出身多為“底層群體”。失業(yè)、半失業(yè)的游民身份使其心理上自我定位為“弱勢群體”,以合理化其反社會行為,同時,犯罪組織成員均為有勞動能力的青壯年或少年,有“揚名”、“發(fā)財”、改善社會地位的“成功”意愿和犯罪技能,處境和意愿的強(qiáng)烈沖突是有組織犯罪文化認(rèn)同的根源。參照群體的規(guī)范作用和主動的學(xué)習(xí)愿望是有組織犯罪文化內(nèi)化的原因。 第三部分是有組織犯罪道德文化分析。道德是文化的基本內(nèi)容,犯罪一般被評價為“惡”,但犯罪組織成員卻往往不自認(rèn)為“惡”。他們一般具有強(qiáng)烈的道德意識,但是其道德選擇是以利益為標(biāo)準(zhǔn)作出的,其道德觀念在犯罪組織這個參照群體的規(guī)范下扭曲變形,道德的某些方面被片面夸大和極端化,乃至形成偏執(zhí),某些方面則被輕視甚至無視。犯罪組織成員的道德標(biāo)準(zhǔn)明顯分為兩個系統(tǒng),其“道德”在犯罪組織內(nèi)部形成規(guī)范和習(xí)慣,對犯罪組織外部則毫無道德責(zé)任感,犯罪組織成員通過犯罪合理化技術(shù)消弭犯罪的道德成本。 第四部分是有組織犯罪情感文化解讀。犯罪組織成員也有情感需要,在外部打擊、排斥下,受高風(fēng)險、強(qiáng)暴力的生活方式影響,犯罪組織成員團(tuán)體意識非常強(qiáng),情感需求集中在犯罪組織內(nèi)部,“父子”、“兄弟”之間經(jīng)常形成相對穩(wěn)固的信任和深厚的感情。犯罪組織成員的情感和“道德”密不可分,與普通人相比更加情緒化、宿命化,在激烈、偏執(zhí)的情感驅(qū)使下,犯罪組織成員可能實施更嚴(yán)重的犯罪。 第五部分是有組織犯罪文化防控體系的建構(gòu)。文化由社會結(jié)構(gòu)產(chǎn)生,不改變社會結(jié)構(gòu)就不能根本性的改變文化,同時,文化也不斷地在變遷,義務(wù)教育和傳媒文化的普及給文化引導(dǎo)創(chuàng)造了現(xiàn)實可能性。有組織犯罪文化具有重大危害,消解有組織犯罪文化是一項長期、艱苦的工程,但勢在必行。從觀念上拒絕有組織犯罪文化,是消除有組織犯罪的最根本的方法。 從文化的角度防控有組織犯罪,要從教育和宣傳兩方面入手。針對犯罪組織成員結(jié)構(gòu)特點,機(jī)構(gòu)性教育應(yīng)集中于監(jiān)所和學(xué)校,同時配合家庭和社區(qū)的支持,有組織犯罪防控教育的前提是教育教育者,使監(jiān)管人員、教師、家長提升教育觀念和教育能力,使教育能夠真正起作用,而不只是形式化的機(jī)械說教。宣傳是大范圍的教育,在全球化、信息化的多傳媒背景下,教育民眾,引導(dǎo)輿論必須注意方法,正視民眾的選擇權(quán),尊重民眾的判斷力,提供全面的信息,使民眾在認(rèn)識、了解、信任的基礎(chǔ)上主動參與到有組織犯罪防控工作中來,以建設(shè)全民防控有組織犯罪的系統(tǒng)。
[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
【學(xué)位授予單位】：武漢大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2011
【分類號】：D917.6
本文編號：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
【學(xué)位授予單位】：武漢大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2011
【分類號】：D917.6
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