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Cultural Research On Crime

Posted on:2008-10-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y DanFull Text:PDF
GTID:1116360215953101Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Culture is a survival mode made by history. Crime has strong relation with people's daily life. Therefore, crime has close relation with culture. Recently, with occurrence of culture study, scholars have focused on cultural research on crime or consideration on relations between crime and culture. This paper has systematically analyzed crime, causes for crime and governing crime pattern completely from the perspective of cultural normative, based on crossover research on criminology and culture.The cultural normative study on crime can be separated into five parts in this paper.Part one is all about cultural normative explanation.By enlightenment from characteristic argument of Mr. Yin Hai Guang, based on the culture body significance, cultural normative is private and social effect and restriction from culture, which is character of culture. It exists in major culture, sub-culture and criminal sub-culture, but cultural normative mainly embodies that of major culture. This social control owns legal, moral, religious, custom expression. Judging from the learning value, cultural normative consists of the "pre-understanding" of special object. Judging from the method significance that culture studies, the projection of cultural normative has developed the method that culture studies. Therefore, the author thinks that cultural normative has the quality being as analysis implements used in crossover research. In the analytical framework of cultural normative, values, life-style, social system, version or utterance consists of concrete pattern that the normative studies.The problem that has been settled is ascertaining the connecting points between criminology and culture in part two.By the statement of the developed history of criminology analysis of difficulties of Chinese criminology, with drawing lessons that civil and abroad theory studies on crime in the past, this paper the first step has established the cultural normative theory on crime, and junction of looking on the person as criminology and culture. The author has discussed in detail the relations between major culture and crime, and the relations between sub-culture and crime, embodied American culture in Chinese way, explained Chinese cultural conflicts reasons into the ones between major culture and sub-culture. When governing crimes, we should insist major culture instead of usage of sub-cultural normality. The cultural normality on crime is the original consideration on crime, which is beneficial to criminology theory maturity. The theory is mind result of trans-subject, which is beneficial to make criminology come into being. This theory is close to the development of China society, which is helpful to the criminology attention to the Chinese context and local territory problem.In part three practical cultural normative theories have shown the cultural conflict analysis of Chinese criminal problems.By assurance of Chinese criminal situation, gauge theory thinks that culture conflict especially the one between major culture sub-culture conflict is one of the fundamental elements to affect occurrence of crime in our country, this is also one of modernized the price transforming with Chinese society. This conflict is attached there exist in this one course of history, and a organic ingredient conflicting as human being overall culture with transforming in being modernized with society. And this conflict happens in main current society and sub-group, counter for values, mentality and personality, and games that are to commit a crime and to control crime. That conflict still belongs to the conflict about personal thought and behavior in the last analysis. The conflicts are made by synthetically various factors, which can no way be wiped by human being completely in the moment. The human being's reasonable attitude is on continuing pushing forward modernized the basis transforming with society, strengthen depression of sub-culture on crime and protect authority of major culture with boosting the society entirety, improving and perfecting harmonious development.During the study on crime committed by peasant laborers, peasant laborers were hurt in mine disaster and crime committed in the network by juveniles, reasonable and independent mind result was made. Culture conflicts on crime committed by peasant laborers have shown vagabond consciousness of peasant laborer group. Peasant laborer dead in mine disaster has shown the agent that the sub-culture is harmed to the peasant laborer quilt making system; such conflicts between sub-culture and culture also should be criminal for the rich man to commit a crime. Cultural conflicts of crime committed by juveniles in network are expressions that culture in life-style conflicts, organic being that life-style invented by this paper.Theory about cultural normative on crime could be embodied as cultural retrospection of governing crime by China in part four. This paper summarized our present governing pattern as "move punished pattern", which will be estimated reasonably and predict the developed trend of our prevention and charging crimes, whose community is fixed for "daily governing pattern ". Draw support from culture such as values, life-style, social system, version or utterance the normative analysis implement, the two patterns above will be judged. In values, motion style is punished showing the impingement that conduct brings under govern to rule by law. Daily governing is showing the consolidation being idea to rule by law. In daily life, the fact that motion style is punished in life-style has violated a crime law. Daily governing shows respect on a crime law sufficiently. In system, motion style has taken form to govern the power of edging out daily governing. But, daily governing has composed carrying out route social public order in a comprehensive way. Therefore, by theory studies on cultural normative on crime, the developed law of governing pattern in our country is revealed, motion style is weak and daily governing occurs.The topic of the fifth part is from cultural normative to crime culture. The author has argued relations between crime and culture from the perspective of culture normative and suggested the science of criminal culture which is a new subject. This is an entirely new pattern totally different from used research. The science of criminal culture based on theory on cultural normative on crime is more reasonable criminology and still life more essentially.In short, during the research course, this paper has formed a few innovation intellectual thoughts and knowledge achievement. On the study perspective, this paper has used culture background knowledge and chosen cultural terms as the perspective for study, and carried out culture concretely for values, life-style, social system, version or utterance. On the connecting point of crossover research, this paper defined the connecting point of criminology and culture as cultural theory on crime, thereupon, normative analysis has composed criminology method, but the trans-subject research pattern on crime has composed criminology methodology. The paper attached importance to west criminology theory adopted in Chinese Way, developed cultural conflicting theory originated from China which is a transformation society, especially have suggested that life-style new and original integrates theory when analysis of committing a crime in juveniles is discussed. On patterns of governing crime, "move punished pattern"and "daily governing pattern ", two big important learning categories were put forward, and found the developed trend according to cultural normative analysis. The"move punished pattern"declines while the"daily governing pattern"rises. With push of cultural normative on crime, we will establish and perfect crime culture.
Keywords/Search Tags:crime, cultural normative, crossover research, cultural conflict, move punished pattern, daily governance pattern
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