Research On The Transition Of Crime Governance Modes In The Transitional Period

Crime is correlated to the security of the political power and social stability, and is also an attention focus of political sociology. A systematic analysis of the crime management modes from a perspective of political sociology, and of relationship between the state and society, conforms to the current research purports in social science. This is because "with the advance of our economic reform and the explosive increase of social problems, the research on the relationship between the state and society is gaining increasingly more attention. The advocators of new paradigms no longer’stare at the superstructure’, instead they keep a watchful eye on the other social fields beside the state."Meanwhile such reflection is a response to the new trends and new situations in the practice of current crime governance:the development of market mechanism fosters crime on the one hand, and provides optional space for crime governance on the other; the growth of the civil society challenges the current crime governance system, and meanwhile lays a foundation for the platform construction of modern crime governance. In the process of social transformation, the state needs to integrate all kinds of crime governance resources and cultivate a modern crime governance system on it. This paper sorts out the characteristics of the strategy systems of crime governance at different stages, concludes the evolution logic of the patterns, and demonstrates the new development directions of new crime governance modes in the transitional period.Crime management is a concept of the unification of objectivity and subjectivity, a historical concept as well. The emergence of criminal phenomena in different societies is inseparable from its social and cultural context. And the formation of crime management modes at different historical stages is closely related to its practical economic base, social structure and social consciousness. From tradition to modernity, from plan to market, the transformation process of the crime management strategy system varies, but if you look really carefully, you can find its continuity.The moralization management mode and the campaign management mode are similar not only in its weak national economic resources, and limited space for financial extraction, but also in its mainstream national ideology (Confucian ethics or Collectivism ethics), which plays an important role in the integration of resources. In the decline process of the moralization management, there is an internal succession between the enhancement of nationalism consciousness and the state totalitarianism. The former failed because the small-scale peasant economy can not longer sustain the increasingly growing national bureaucratic machinery; and the latter worked because of the establishment of the planned economic system, and the full control of economic resources by the state. Both the moralization management mode and the campaign management mode depend on the organizational networks established by the ruling political party, and thus are both the state-oriented governance modes. The progress of the latter lies in that the institutional regulation got chances to grow, and the strength of society and the market received attention. Multiple governance mode is a response to the state and social differentiation. Compared with the systematism problems of mobile society, as well as the incentive mechanism crisis in the primary-level organizations in the comprehensive management mode, the construction of democratic negotiation mechanism as well as the cultivation of social capital applied in the multiple governance mode is ever more important.A research on the changes of crime governance modes at different stages in China aims at clarifying the inherent evolution logic of different crime governance modes, finding out the causes, and identifying the differences among similarities and searching for the premise of innovation and resources in inheritance. As a matter of fact, what the four modes (traditional moralization management mode, the campaign management mode in the totalistic society era, the comprehensive management mode in the economical transition period, or the multiple governance mode in the context of harmonious society) all have in common is the cooperation of the state and society (the civilian force) in the fight against crime. The difference lies in the degree of social autonomy and the status of the common people at different stages of social transformation. In the moralization management mode, the social subjects are the gentry and clans, while the commoners are the objects of governance instead of subjects. In the campaign management mode, society is wiped out, and the commoners participate passively instead of initiatively. In the comprehensive management mode, the society begins to grow, but is still strongly dependent. In the multiple governance mode, the civil society grows, the market organizations expand, and people’s principal status is established.The Perface reviews the literature of crime management modes, pointing out the theoretical orientation of this research in criminology, which is, the research on crime management modes will adopt the theoretical paradigm of "state and society". In the light of economic analysis method of historical materialism, three explanatory variables (the economic structure, social structure and social ideology) will be used to examine the evolution context and basic developing tendencies of the crime management modes in the social transformation period. Based on the conclusion of academic researches on the change of crime management modes, this chapter puts forward its theoretic contribution, and explains the main points and research methods.Chapter One explains the necessity and possibility of the moralization management mode in the light of the economic structure of the traditional society. Due to the lack of material resources in crime management, cultural resources represented by Confucian ethics become the supplement. This paper researches on the operating mechanism of the moralization management mode, and argues about the modality of the cooperative governance by the state and its people in traditional society. The explanation of the culture nexus of power of the moralization management mode illustrates the brief features of crime management mode in the "week state—week people" context. And the end, I argue the inevitability of the decline of the moralization management mode based on the changing situation of social structure and social ideology.Based on the discuss of relationship between the campaign and economic system and social structure after the founding of the New China, Chapter Two proves the absolute predominance of the state in crime management in the campaign management mode. The explanation of the technical support,expertise force and regular mechanism of the campaign management aims at clarifying the dependence of the people in fighting crimes in the totalistic society era. The limitations of the campaign management mode in idea are presented after the explanation of "the elimination of crime" upheld in the campaign mode. The sight of this mode from the perspective of management resources is meant to reveal the historical rationality and institutional crisis of this mode at an objective level. At last, the interpretation of the order crisis incurred by the Cultural Revolution proves that, excessive mass participation lacks the rational spirit required by modern society.Chapter Three examines the historical background of the comprehensive management mode after the reform and opening period, and its historical process of network construction. In the light of social transformation and order crisis, this chapter examines the formation logic of the organization network and its operating context. This chapter states further that the essence of comprehensive management mode lies in the institutional regulation led by the ruling party. By comparing with the campaign mode, this chapter explains the dependence trait of the comprehensive mode over the campaign mode. And the examination of the performance of the comprehensive mode affirms that the efforts of the organizational networks of the ruling party to absorb the outside resources (market organizations and social organizations) and try to establish new management structure, while pointing out that there are systematism problems of mobile society, as well as the incentive mechanism crisis in this mode.In Chapter Four, through the examination of the multi-subject practical samples in the coping of crime in the new century, it points out that the development of crime management practice is a response to the growing civil society in the times of interests division. The multiple governance mode entails the ideological transfer from governance to good governance, and it represents the mode innovation in the context of harmonious society. And this chapter also points out the dilemma of legality, effectiveness and accountability of the multiple governance mode, with regard to the problems in crime management practice. To unit the state, society and the market in the joint fighting against crime, a virtuous democratic negotiation mechanism should be established, and the system construction represented by law is inseparable. The cultivation of social capital to enhance trusting cooperation admits no delay.