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Criminal Psychology The Formation Mechanism Study

Posted on:2005-04-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:C Q MeiFull Text:PDF
GTID:1116360125451778Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crime is a kind of phenomenon, both individual and social. Any of criminal behavior is caused by the actor' s mental activity and psychological factors. The mental state and factor is named as criminal mentality whose formation and evolution have certain objective law and are usually influenced by related both subjective and objective conditions. In this thesis, the author tends to probe into the formation mechanism and objective law of criminal mind.It is divided into five chapters: Chapter one--Introduction. The author defines scientifically theessential concepts such as crime, criminal mentality as well as mechanism of criminal forming and so on firstly. Compared with a variety of concepts, the author tentatively defines a formal concept from the psychological point of view, namely, "crime is that the actor capable of criminal responsibility, by using the means undesirable of society, commits a so serious violation against the main stream of social value to the extent that the society especially the ruling class cannot be tolerant any more to meet his own needs. " And as such, the definition discloses the actor's inner factor of committing the action is to meet his own needs, and the manifestation of crime is that the cause of action by which the actor is to meet his own needs is unrecognizable for the society, and brings about violation out of acceptance by social psychology, and so, is required to be denied and sanctioned. In addition, the definition indicates that the formation and determination for crime is a kind of psychological phenomenon and course of psychological action, and that it is significant theoretical value to research into the mechanism of crime forming.The mechanism of criminal formation is that a course, way and principle of various factors influenced each other in the process of forming and developing of criminal psychology. The author in the thesis believes that the process can be classified as four phases, that is, four levels about the content of criminal psychology: In the process of socializing, owing to the biological factors (including hereditary and physiological factors) interact with some improper factors of society, the individual fails to convert the social norms into social consciousness so as to come to form the personality defect in the social sense which is a foundation of forming the criminal mind, as a result of conflicting with society while seeking to meet his own needs (Level one: the formation of personality defect). The established personality defect is irritated by proper social conditions to contribute to make a choice of taking a cause of action a-gainst the society to meet his needs, and thus forms such criminal consciousness as motivation, intention and determination of crime, etc. (Level two: the formation of criminal consciousness). The specific state of mind that is changed by the result of interacting between the criminal consciousness and criminal will to direct the actor to commit a crime is just the culpability of mind (Level three: the formation of culpability mind). The external cause of culpability of mind in reality is the process of com-mining a crime (including cause of action of preliminary and perpetrating), in its process, the culpability of mind is likely to make a transformation in its nature caused by various subjective and objective conditions (I.evel four: the transformation of criminal mind), and also the transformation of criminal mind lays a solid theoretical foundation for preventing crimes, educating and informing criminals as well as rectifying the personality defects.Under the ideology of dialectical materialism, this thesis analyzes dimensionally and systematically the mechanism of criminal formation and its substantive of culpability from the dynamic point of view by means of related principle and research methods of such disciplines as the science of criminal law, criminology, criminal psychology and social psychology, etc, and also probes into the problems about how to determine the subjective culpability, how to preven...
Keywords/Search Tags:Psychology
PDF Full Text Request
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