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Research On The Marxist Thought Of Criminology

Posted on:2011-10-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y B LiuFull Text:PDF
GTID:1116330338495823Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
Crime is punishable acts harmful to society which subject to penalties under criminal law. Criminology is the scientific study of crime. Founded by Marx and Engels, Marxism is system of all views and doctrine enriched and developed continually by Marxist of various ethnic groups of all the ages. There are a lot of discussions about crime in the works of Marxist classical writers, there exist Marxist criminology.There are two major paradigms of criminology: Classical school of crime and Positivist school of crime. The biggest difference between the two schools is: the Classical school of crime advocates non-determinism (libertarian) and the Positivist school of crime will favor will determinism. Marxist criminology should belong to the positivist school of crime; however, it is not mechanical will determinism but rather dialectical materialism wills determinism.This thesis study Marxist thought of criminology comprehensively, systematically and intensively from six aspects for the first time, these aspects include: the origin of crime, the nature of crime, crime value, crime constitution, causes of crime and crime countermeasure. The main thoughts of Marxist Criminology include: Crime emerged in the course of collapse of primitive society and the generation of private ownership, state and law, primitive society has no crime; The nature of crime is an warfare between isolated individuals and domination relationship, and crime is the behavior of isolated individuals rather than class struggle; Crime is rooted in social and material living conditions; Every crime must has criminal act, criminal law punish acts rather than thoughts, code is the bible of peoples freedom; Crime does not have productive and does not have the function to promote the productive forces, to the society, crime has no positive value other than negative values; The primary causes of crime is the material living conditions of a society, the specific causes of crime is poverty, unemployment, wealth gap, moral degeneration, distortion of human nature, social anomie, and the law itself, etc; To society, the penalty is a mean to defense against crime, the penalty shall be applicable to adhere to the principal of a legally prescribed punishment for a specified crime﹑principal of suiting punishment to crime and humanitarian principle.The west Marxism criminology is the inheritance and develops of Marxism criminology in European and American developed countries, it utilizes the Marxist economic analysis theory and the class analysis theory to research capitalist society's crime phenomenon, it has certain rationality and progress by attribute the cause of crime to capitalist country's political system and the economic system. The former Soviet Union﹑Eastern Europe﹑China and other Socialist countries have conducted the research using Marxism's dialectical materialism and the historical materialism methodology to the crime phenomenon, but are fettered by excessively many political factor and ideology, too macroscopic, lacks the careful research.The Marxism criminology thought has important value and practical significance in Contemporary China, it gives our enlightenment is: Although the crime only has the negative value to the society, but it decided by a society's physical production way, is one kind of objective inevitable existence. We should regard crime phenomenon rationally, according to the causes of crime, takes the reasonable counter measures, makes every effort to reduce the crime to the threshold rather than eliminates the crime completely."Hard-striking"can only have temporary effect, but is not the long-term plan; the best social policy is the best criminal policy. Only a society which has few crimes is a harmonious society, the criminal legal institution should make contribution to the construction of the harmonious society.
Keywords/Search Tags:Crime, Criminology, Marxism Criminology, Historical materialism, Dialectical materialism, Harmonious society, Modern value
PDF Full Text Request
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