黑惡勢力犯罪的預(yù)防與打擊對策研究
發(fā)布時間：2018-12-11 02:54
【摘要】： 當前,我們正處在人民內(nèi)部矛盾凸顯、對敵斗爭尖銳復(fù)雜、刑事犯罪持續(xù)高發(fā)、群眾法治需求不斷增長的特殊時期,而基于經(jīng)濟利益的驅(qū)動、憑借破壞性的力量,各種形式的黑惡勢力違法犯罪活動愈加猖獗,已經(jīng)成為嚴重威脅人民群眾生命財產(chǎn)安全、破壞政治經(jīng)濟社會生活秩序、影響社會穩(wěn)定發(fā)展和諧的突出問題。因此,系統(tǒng)地研究我國黑惡勢力犯罪具有重大的理論和現(xiàn)實意義。 筆者根據(jù)掌握的資料、結(jié)合工作后參與打黑除惡斗爭的實踐經(jīng)驗,對黑惡勢力犯罪的概念做出了界定,對黑惡勢力犯罪的現(xiàn)狀、表現(xiàn)形式和社會危害做了客觀描述。同時,筆者試圖從文化因素、社會轉(zhuǎn)型的影響、基層控制能力弱化、腐敗現(xiàn)象與黑惡犯罪的互動、市場規(guī)則不完善、全社會的監(jiān)督機制尚未形成等方面系統(tǒng)論述了我國黑惡勢力犯罪的成因。同時也注意到犯罪個體的原因也是形成黑惡勢力犯罪的又一重要因素。一是利益是黑惡勢力成員犯罪的內(nèi)在驅(qū)動力。二是由于公力救濟存在缺陷,“同態(tài)復(fù)仇”式的報復(fù)方式和“違法暴力私力救濟"在我國社會生活中泛濫成災(zāi)。犯罪市場的存在,為黑惡勢力的發(fā)展提供了一定空間。 最后,根據(jù)我國黑惡勢力犯罪的形成原因,提出了預(yù)防和打擊黑惡勢力犯罪的對策。一方面是對我國黑惡勢力犯罪的預(yù)防對策:一是建立一套外部評價和內(nèi)部評價相結(jié)合的、科學的社會治安評價體系,從根本上發(fā)揮對各級政權(quán)組織的導向作用,從制度上推動他們采取各種有力的措施去和黑惡勢力作斗爭,杜絕黑白勾結(jié)現(xiàn)象的存在,最大限度的壓縮黑惡勢力生存的空間。二是依法對各類經(jīng)濟活動進行規(guī)范、制約、控制和引導,加強經(jīng)濟組織管理,防止它們淪為黑惡勢力寄生的外殼或受操縱的傀儡。三是有效化解民間糾紛,消除對黑惡勢力的外在需求,給社會沖突和糾紛的化解提供多種安全通道。四是對反社會的亞文化進行批判和根除,加強警示教育和文化教育,促進公眾法律意識的提高,創(chuàng)建積極向上的社會環(huán)境。另一方面是對我國黑惡勢力犯罪的打擊對策,主要包括:努力營造全社會共討黑惡勢力犯罪的執(zhí)法環(huán)境、牢牢把握“打早打小,露頭就打”的斗爭策略、加強執(zhí)法協(xié)作形成打黑除惡整體合力、著力摧毀其賴以生存的經(jīng)濟社會基礎(chǔ)、加強立法發(fā)揮法律的震懾力量和建立完善專業(yè)的打黑除惡隊伍等方面。
[Abstract]:At present, we are in a special period of prominent contradictions among the people, sharp and complicated struggle against the enemy, a sustained high incidence of criminal crimes, and a growing demand for the rule of law among the masses. Driven by economic interests, we rely on destructive forces. Various forms of criminal activities of criminal and criminal forces have become increasingly rampant, has become a serious threat to the safety of people's lives and property, undermine the political, economic and social order of life, and affect the social stability and development of harmony. Therefore, it is of great theoretical and practical significance to systematically study the crime of evil forces in China. On the basis of the information we have and the practical experience of taking part in the struggle after work, the author defines the concept of the crime of criminal and evil forces, and gives an objective description of the present situation, forms of expression and social harm of the crime of criminal and evil forces. At the same time, the author tries to from the cultural factors, the influence of social transformation, the weakening of grass-roots control ability, the interaction between corruption and evil crime, the imperfect market rules. The whole society's supervision mechanism has not yet been formed, and so on has systematically discussed the causes of the crime of evil and criminal forces in our country. At the same time, we also noticed that the reason of individual crime is another important factor for the formation of criminal and evil forces. First, interest is the internal driving force of the crime committed by the members of the criminal and evil forces. Second, due to the defects of public relief, the "homogenous revenge" and "illegal violence private relief" are rampant in our social life. The existence of criminal market provides a certain space for the development of criminal and evil forces. Finally, according to the formation reason of the crime of the evil force in our country, put forward the countermeasure of preventing and attacking the crime of the evil force of the black and evil force. On the one hand, it is to prevent the crime of evil and criminal forces in our country. First, it is necessary to establish a scientific social security evaluation system that combines external and internal evaluation, so as to fundamentally play a guiding role to the political power organizations at all levels. From the system, they are urged to take various measures to fight the evil forces, to put an end to the existence of black and white collusion, and to minimize the existence of black and white forces to survive space. Second, we should regulate, restrict, control and guide all kinds of economic activities according to law, strengthen the management of economic organizations, and prevent them from becoming a parasitic shell of evil and criminal forces or manipulated puppets. The third is to effectively resolve civil disputes, eliminate the external needs of evil forces, and provide a variety of safe channels for resolving social conflicts and disputes. The fourth is to criticize and eradicate antisocial subculture, strengthen warning education and cultural education, promote public legal awareness, and create a positive social environment. On the other hand, the countermeasures against criminal activities of criminal and evil forces in our country mainly include: striving to create a law enforcement environment for the whole society to jointly condemn crimes committed by criminal and evil forces, and firmly grasp the struggle strategy of "striking early and young, outcrop fighting". Strengthen the cooperation of law enforcement to form an overall joint force to fight against criminal and evil, to destroy the economic and social foundation on which they depend for survival, to strengthen legislation, to exert the deterrent power of law, and to establish and perfect a professional contingent of fighting and eliminating evil.
【學位授予單位】：中國政法大學
【學位級別】：碩士
【學位授予年份】：2008
【分類號】：D917
本文編號：2371730
[Abstract]:At present, we are in a special period of prominent contradictions among the people, sharp and complicated struggle against the enemy, a sustained high incidence of criminal crimes, and a growing demand for the rule of law among the masses. Driven by economic interests, we rely on destructive forces. Various forms of criminal activities of criminal and criminal forces have become increasingly rampant, has become a serious threat to the safety of people's lives and property, undermine the political, economic and social order of life, and affect the social stability and development of harmony. Therefore, it is of great theoretical and practical significance to systematically study the crime of evil forces in China. On the basis of the information we have and the practical experience of taking part in the struggle after work, the author defines the concept of the crime of criminal and evil forces, and gives an objective description of the present situation, forms of expression and social harm of the crime of criminal and evil forces. At the same time, the author tries to from the cultural factors, the influence of social transformation, the weakening of grass-roots control ability, the interaction between corruption and evil crime, the imperfect market rules. The whole society's supervision mechanism has not yet been formed, and so on has systematically discussed the causes of the crime of evil and criminal forces in our country. At the same time, we also noticed that the reason of individual crime is another important factor for the formation of criminal and evil forces. First, interest is the internal driving force of the crime committed by the members of the criminal and evil forces. Second, due to the defects of public relief, the "homogenous revenge" and "illegal violence private relief" are rampant in our social life. The existence of criminal market provides a certain space for the development of criminal and evil forces. Finally, according to the formation reason of the crime of the evil force in our country, put forward the countermeasure of preventing and attacking the crime of the evil force of the black and evil force. On the one hand, it is to prevent the crime of evil and criminal forces in our country. First, it is necessary to establish a scientific social security evaluation system that combines external and internal evaluation, so as to fundamentally play a guiding role to the political power organizations at all levels. From the system, they are urged to take various measures to fight the evil forces, to put an end to the existence of black and white collusion, and to minimize the existence of black and white forces to survive space. Second, we should regulate, restrict, control and guide all kinds of economic activities according to law, strengthen the management of economic organizations, and prevent them from becoming a parasitic shell of evil and criminal forces or manipulated puppets. The third is to effectively resolve civil disputes, eliminate the external needs of evil forces, and provide a variety of safe channels for resolving social conflicts and disputes. The fourth is to criticize and eradicate antisocial subculture, strengthen warning education and cultural education, promote public legal awareness, and create a positive social environment. On the other hand, the countermeasures against criminal activities of criminal and evil forces in our country mainly include: striving to create a law enforcement environment for the whole society to jointly condemn crimes committed by criminal and evil forces, and firmly grasp the struggle strategy of "striking early and young, outcrop fighting". Strengthen the cooperation of law enforcement to form an overall joint force to fight against criminal and evil, to destroy the economic and social foundation on which they depend for survival, to strengthen legislation, to exert the deterrent power of law, and to establish and perfect a professional contingent of fighting and eliminating evil.
【學位授予單位】：中國政法大學
【學位級別】：碩士
【學位授予年份】：2008
【分類號】：D917
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