Research On Deviant Behavior From The Perspective Of Criminology

We often hear of the concept of deviant behavior in criminology. But in the past, researchers neglected the conception and the characteristic of deviant behavior. Nobody probed into the status of deviant behavior in criminology. This doesn't mean that deviance is unimportant. Because of the close genetic relationship of deviant behavior and crime, we should examine the causes of this kind of behavior from a broader perspective. Then we can develop control measures accordingly. This thesis does not research all deviant behaviors but from the macro level as a social phenomenon.This thesis is divided into five chapters.In the first chapter, we examine deviant behavior generally. First, we discuss the meaning and the characteristics of deviant behavior from the perspective of common sense to knowledge. Here, we learn from the deviant funnel of Professor Douglas to determine the level we need. Deviance in criminology is behaviors violating orthodox morality, security laws and criminal law. On this basis, we analyze the characteristics of deviance: (1) Deviance is subjective. We can't call a behavior deviance before it is remarked. (2) Deviance is Relative. Behaviors in one culture is called deviance but praised in another culture. (3) Deviance is harmful. It is against compliance. It plays a destructive role to the social system. (4) Deviance is social. It is conflict with the rules of society as a whole. Both the rules and the human who implement deviant behavior are social. Second, we classify deviance from different criterion. In the nature of violated rules, deviance is classified into behaviors of violating moral and laws. In the number of behaviors, deviance is classified into individual deviance and group deviance. In the probability, deviance is classified into occasional deviance and habitual deviance. In the degree of harm, deviance is classified into slight deviation and serious deviation. Thirdly, we probe into the harm of deviant behavior. The harm includes harm to individual and harm to society.In the second chapter, we explore the location of deviance in criminology. First, we analyze the confusion by the central category of crime in criminology. Then we point out that we should replace crime by deviance. Crime can only be stipulated in criminal law. This is determined by the nature and range of deviance. The nature of deviance is violation of minimum moral. It is a fact. Criminology is a factual subject, so it should be supported by such conception. The range of deviance is comprehensive. It includes crime, quasi-crime, behaviors violating security laws and behaviors violating orthodox moral. The extension of deviance is wide. It can cover all objects that we research in criminology. With deviance instead of crime, we can end the dispute of crime and define the relationship of criminology, criminal law and sociology.The third chapter is a summary of deviant behavior in current China society. In this chapter, we discuss deeply the existing deviant behavior in current China society. At first, we analyze the present status of deviant behavior: (1) From the perspective of number,it is keeping increasing.(2) From the perspective of subject, cases involving group characteristic happen frequently. Business and enterprise become the main subjects of deviant behavior. (3) From the perspective of behavior nature, violence, as major style, happens frequently. (4) From the perspective of category, deviant behavior involving violating moral increases sharply. (5) From the perspective of type, common invasion of property and illegal activities happening in business area are numerous. Crimes involving pornography, gambling and drugs take place despite prohibition. The amounts of duty crimes increase a little while important criminal cases increase apparently. (6) From the perspective of method, internet becomes the major manner of deviant behavior. (7) From the perspective of organizational form, organized crimes are rampant. On this basis, we predict the tendency of deviant behaviors, and points out that, under the circumstance of economic crisis, the amounts of violent behaviors, invasions of property and other deviant behaviors in business area will keep elevating. All these activities are key points that we should prevent. Besides, this part also selects migrant crime, juvenile crime and white-collar crime to study. By doing this, we hope that we can provide some guidelines to regulate such behaviors.The fourth chapter analyses the causation of deviant behaviors. We observe the deviant behavior under the circumstance of social reality, so when we examine the causation, we start from the whole social structure. At first, we introduce some theories from domestic and abroad. On this basis, we summarize the causation of deviant behavior in current China society—unbalanced mechanism. Specifically speaking, it is the tremble and maladjustment caused by transition of social structure driven by the goal of modernization. It presents as three aspects followed: the first reason is the twist of social value and means caused by the social transition; the second reasons is the unbalanced living situation by the social transition; the third reason is the vacuum condition of system caused by the social transition.The fifth chapter states the strategies coped with the deviant behaviors. This part, under the basis of the discussion of foundation and basic types in social control theory, analyzes the characteristics of our society, and provides the perspective, dimension and essential consideration of managing deviant behaviors. When selecting perspective, we should pay attention on integrating of macro and micro control and integrating of social and community control; when talking about dimension, we should regulate from three aspects—behavior subject, behavior itself and condition of behavior; when talking about essential consideration, we should, at first, construct some mechanisms: self-discipline mechanism, encouragement mechanism, restraining mechanism and punishing mechanism. Under such basis, we can build a tri-dimensional network in our country to regulate the deviant behavior. This network includes the subject and the structure of social control. The subject should cover authorities, functional organizations and individuals. As to the structure, we frame from vertical and horizontal aspects. Vertical control is the integration of the control before, during and after the happening of deviant behavior. The control beforehand is to prevent the happening of deviant behavior, thus deter the happening of harmful consequences. It is the most important way. Horizontal control is the integration of cultural, economic and legal control. Cultural control, by supporting the mainstream social culture and managing the non-mainstream social culture, is to publicize positively standards and rules that advocated by our society. Cultural control has following features—non-compulsory, consciousness and universality. It makes its influences imperceptibly, thus is an intangible method. Moreover, cultural control is flexible and diversified, thus, the members of society can easily accept it. Economic control should cover following aspects: first, unveiling policies that can promote economic growth and risk precaution; second, improving market management regulation and creating healthy competitive order; third, making strict supervision onto highly risky business, and preventing enterprises from abandoning social interests in order to chase economic profits. Legal control should encompass legislature and judiciary. As to the legislature, effective control of deviant behaviors depends upon a good law. As to the judiciary, control of deviant behavior means to impose sanction upon actors who implemented deviant behavior by judicial methods, thus deter and educate these actors in order to prevent them from implementing again. At the same time, legal control also prevents ordinary people from implementing deviant behavior. Due to the guarantee by state compulsory force, legal control can be said having instant effect. However, legal control is a method after the happening of deviant behavior, in the long run, its effect is limited. Legal control requires us enforcing law equally, and applying law without bias on each actor who made deviant behaviors.