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Research On Problem-oriented Crime Governance

Posted on:2021-02-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z J RuanFull Text:PDF
GTID:1366330623477201Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since the birth of human society,crime has been accompanied.Crime is a serious problem,which can disrupt social order and destabilize society.Therefore,it has been widely concerned by the government and all social circles.But it's never easy to analyze and deal with crime.Concerned the current situation of crime governance and research in China,we are facing the following difficulties: the over-theoretical criminological research,the "means over ends" empirical studies of criminology,the practical obstacles to resource and technology exchange,the separation of police research and criminological research,the insufficient attention to crime prevention,the scientific thinking does not go deep into the process of crime prevention and control.At the same time,with the development of science and technology,the risk of crime is also increasing day by day.In the new era,the abundant forms of crime,the reduction of the difficulty of crime,the reduction of the cost of crime,the increase of the concealment of crime,the increase of the harmfulness of crime and the increase of the number of crimes,have put forward challenges for our crime governance.The most prominent challenges are: identifying the trend and change of crime in time,applying advanced technology and tools scientifically,quick response by the countermeasure of crime governance,accumulating knowledge of crime governance quickly,and integrating various forces effectively.To deal with the dilemmas and challenges of crime governance in China,the transformation of thinking and methods of crime governance is more important than the renewal of tools of crime governance.However,the existing researches now can not effectively help us find a way out of our dilemmas and meet challenges.Therefore,we need to find a kind of thinking and methods of crime governance to meet the needs of the current crime governance in China.Through the analysis of the dilemmas and challenges of the current crime governance in China,we can know that,the challenges are the external cause which only plays a stimulating role,but the dilemmas are the internal cause which plays a major role.What's more,the core problem under these dilemmas is the decline in the ability of crime governance and research to solve crime problems.So,our best response is to take solving the crime problem as the goal and to implement the problem-oriented thinking and methods in our crime governance.The thought of problem-oriented crime governance comes from the inspiration of problem-oriented policing.After reflecting on the traditional policing model,problem-oriented policing points out that,in order to reduce crime and disorder,the police need to be free from the demand of rapid incident response,turn to identifying potential problems in advance and taking measures.Following this idea,later scholars further proposed SARA model to standardize the process of problem-oriented policing and make it possible to be implemented in reality.From the popularity and affirmation of problem-oriented policing,we can know that the application of problem-oriented thinking and methods to crime governance is reasonable and scientific.However,problem-oriented policing has its own limitations.In reality,problem-oriented policing always seems difficult to be effectively implemented.Comparing with other crime prevention strategies,we can find that the effect of problem-oriented policing on crime governance is not as prominent as its theoretical value.Through analysis,there are three difficulties in the application of problem-oriented policing: Firstly,the definition of "problem" can't help police identify problems;secondly,as a tool,problem-oriented policing does not have good operability;thirdly,police departments can't provide sufficient professional and technical support for problem-oriented policing.Behind these difficulties lies the congenital deficiency of problem-oriented policing.It only requires the policing to have problem-oriented thinking and methods,but not to apply the problem-oriented thinking and methods to all aspects of crime governance,which results in the limitations of subject role,problem perspective,strategy selection and knowledge exchange in the application of problem-oriented thinking and methods.Therefore,we need to expand the problem-oriented thinking and methods to the whole process of crime research and governance.The main purpose of the problem-oriented crime governance is to apply the problem-oriented thinking and methods to the whole process of crime governance.It requires: first,pay attention to the "ends";secondly,examine the “problem” carefully;thirdly,evaluate the results scientifically;fourthly,connect knowledge with reality;fifthly,integrate all forces.The proposal of problem-oriented crime governance is significan.First,it brings the renewal of the understanding of criminology,crime governance and the relationship between them.The renewal of understanding can help us get rid of the current predicament.From the perspective of problem-oriented crime governance,criminological research should be based on the observation of "problems",aim at solving "problems" and be a circular process which respects science.The crime governance should also aim at solving realistic "problems",need to be implemented according to local conditions,and should be the combination of theoretical knowledge and scientific means.There is a close relationship between criminological research and crime governance.Criminological research is the theoretical source of crime governance.Crime governance is the testing means of criminological research.criminological research helps the evaluation and summary of crime governance.Crime governance promotes the development of criminological research.Second,problem-oriented crime governance can help us cope with the challenges posed by crime risks in the new era.1.Focusing on reality makes it possible to find new trends and changes of crime in time.2.The idea that the ends over means leads to the desire for advanced technology and tools and improves the efficiency of crime control.3.The requirement of connecting knowledge with practice can provide assistance for the exploration of crime governance strategies.4.The emphasis on evaluation and the requirement of scientificity can accelerate the accumulation of knowledge.5.Rationally arranging the main roles of all parties can promote the effective integration of all forces.Third,problem-oriented crime governance can promote the scientific process of crime governance and research in China.Scientificalization is an inevitable trend in crime governance and research.The emphasis of problem-oriented crime governance on objective reality will bring higher requirements to the scientific nature of crime governance and research,thus promoting the scientific process of crime governance and research.In order to make problem-oriented crime governance not only a concept,but also a method which can be applied to the actual process of crime governance,the SARA model of problem-oriented crime governance is proposed.This model draws on the SARA model of problem-based policing.Considering that in the thought of problem-oriented crime governance,"problem" is no longer limited to the police problems,and the police department is no longer the only subject,therefore,the contents of each process of SARA model and the role orientation of participants need to be adjusted.SARA model of problem-oriented crime governance is divided into four stages:Scanning is the stage of understanding "problem" and identifying "problem".The "problem" should be a collection of similar crime incidents which are harmful,repeated and expected to be solved by the public.What's more,the "problem" in problem-oriented crime governance should have three levels: macro,meso and micro.Identifying "problems" requires a variety of research methods,collecting and studying crime data in detail,and knowing the real feelings of citizens and those participants in crime governance.Analysis is the stage of analyzing the causes,stimulating factors and the causative mechanism of the “problem”.The analysis of "problems" is a process that criminologists should participate in and lead it.The main task of this process is to find out the influencing factors which are decisive for the occurrence and development of "problems" and can be easily controlled.From the perspective of problem-oriented crime governance,the influencing factors are not restricted by attributes.No matter social factors,cultural factors,individual factors or other factors,as long as the conditions are met,they all should be identified as influencing factors.In this process,we should first look for inspiration from the theories of criminology to understand and analyze the phenomenon of crime and limit the search scope of influencing factors.Secondly,researchers should identify the influencing factors on the basis of a correct understanding of the decisive role and easy to control.Response is the response to crime,that is,to formulate corresponding crime governance measures according to the influence factors of crime.The response process is not just an independent work of the police department,but requires the participation of multiple subjects,among which the participation of professional researchers is indispensable.When choosing countermeasures,we need to think from the perspective of controlling the influence factors,search for countermeasures from existing experience and knowledge,and ensure the feasibility of countermeasures.In the implementation of countermeasures,the implementers need to ensure the standardized implementation of countermeasures.They should: arrange the implementation of countermeasures according to the evaluation plan,formulate rules and plans for the implementation of countermeasures,conduct guidance and training for the implementation of countermeasures,and pay attention to timely feedback of information in the implementation of countermeasures.Assessment is the process of evaluating results and summarizing knowledge.Researchers should be the main part of the evaluation process,and crime governance departments should be the supplement.Neither of them is indispensable.Researchers are the planners,arrangers and evaluators,and the crime governance departments is the data collector and supervisor.Assessment includes: pre-work,evaluation and post-work.pre-work is the formulation of evaluation plan.The design of the evaluation experiment should be scientific.Evaluation,including process assessment and outcome assessment.Process assessment focuses on whether the countermeasures of crime governance are effectively implemented.The result evaluation is the final evaluation of the effectiveness of crime prevention strategies.It contains three aspects: direct effect,crime displacement and diffusion of benefits.Post-work is a summary of experience and strategies.It should be noted that,the four processes of SARA model are connected by rings and can circulate with each other.Each process can be the follow-up of other processes as well as the beginning of other processes.In the process of implementing SARA model,we need to pay special attention to the following requirements: seting up the concept of crime governance based on crime prevention,emphasizing the scientificity of criminological research,attaching importance to micro-perspective and microscopic method of research,and implementing the concept of comprehensive crime governance.Based on the problem-oriented crime governance,this study puts forward some institutional suggestions related to crime governance,such as: the modification of special crime governance action based on problem-oriented thinking,the construction of advisory committee on crime governance,the construction of database of wisdom of crime governance,and the perfection of the disclosure and sharing of crime data.The modification of the special crime governance action mainly lies in the correction of the deficiencies and shortcomings of the current special crime governance action,such as: the lack of scientific inspection of "problems",the neglect of the requirement of scientific evaluation results,the lack of prominent requirements of linking knowledge with practice,and the insufficient attention paid to crime prevention.Using SARA model to standardize the special crime governance is a good way to modify the special crime governance action.In addition,it is also very important to reunderstand the special crime governance action.The purpose of the advisory committee on crime governance is to establish a regular communication channels among the crime governance departments,criminologists and local residents.The way of the advisory committee on crime governance is that,the crime governance departments regularly organize criminologists,professionals and other local residents to explain and discuss the current crime situation,the "problem" which should be solved,the causes of the “problem”,the countermeasures and recent achievements in crime governance.Members of the advisory committee are invited or publicly recruited by the crime governance department.They do not have any form of allowances and subsidies,nor have the right to make decisions.Members of the advisory committee on crime governance have the responsibility to participate in the meeting on time and actively participate in discussions.The establishment of the crime governance advisory committee can help to analyze the "problems" comprehensively,put forward the best countermeasures,protect citizens' right to know and supervision,and enhance the recognition of crime governance.The database of wisdom of crime governance is the storage and management system of the assessment reports of countermeasures of crime governance.Its purpose is to provide knowledge and experience of crime governance more effectively.The database of wisdom of crime governance should adopt the problem-oriented data management and retrieval methods,establish the effectiveness indicators of countermeasures of crime governance and show the assessment reports of countermeasures of crime governance in layers.In addition,building the database of wisdom of crime governance,we also need to pay attention to the following aspects: to ensure the authenticity of the assessment reports,to ensure the standardization of the format of the assessment reports of countermeasures of crime governance,to ensure the accuracy and standardization of information which extract from the assessment reports,to ensure the timeliness of data update,and to determine the subjects which can access the database.The disclosure and sharing of crime data are of great value.The disclosure of crime data focuses on the protection of citizens' right to know and citizens' right to supervise the government.The sharing of crime data focuses on the distribution of criminal data resources,and gives full play to the value of criminal data.However,there are some problems in the disclosure of crime data in China,such as single collection method,insufficient information dimension,only at the national level but not at the local level.The sharing of crime data in our country is even more difficult.Based on the disclosure and sharing of crime data in the United States,we should: open multi-level crime statistics;expand the information contained in crime statistics;provide multi-form,multi-angle and interactive crime statistics reports;improve the sharing path of crime data by providing crime data sharing to university research centers.At the end of this study,an example about how to apply problem-oriented crime governance is given——the application of problem-oriented crime governance in the crime governance of cybercrime.This study aims to provide some new ideas or perspectives for solving this problem.In the Scanning process,there is no doubt that cybercrime is a "problem".However,regarding the cybernature of crime as a "problem" does not clearly describe the "problem".We may try a dynamic perspective,the "problem" of network crime is thus identified.Furthermore,we try to break away from the concept of cybercrime and continue to examine the cybercrime from the perspective of historical development,a bigger "problem"-the virtualization of crime is identified.The virtualization of crime refers to the phenomenon that crime gradually deepens its connection with the virtual world.It is mainly embodied in two aspects: 1.virtualization of criminal means;2.virtualization of criminal objectives.Its appearance is much earlier than that of cybercrime and it will be further intensified in the future.In order to analyze this "problem",in the Analysis process,the concept of criminology towards virtual space becomes the key.This concept emphasizes on focusing on the virtualization of crime and drawing inspiration from existing achievements in Criminology.in the Response process,because of unknown causes and mechanisms,in order to respond to this "problem",it is feasible to explore crime prevention strategies in the virtual world by relying on environmental criminology.Therefore,we need to revise the crime triangle and apply situational crime prevention strategies to the virtual world.In the Assessment phase,we need to strive to find the possibility of evaluation,criminologists and crime governance departments need to work together to acquire knowledge from existing projects.In order to deal with the "problem" of crime virtualization,criminologists and crime governance departments need to cooperate with each other and acquire knowledge from existing projects.At the same time,in order to ensure the scientific nature of research,future criminologists should not only become a qualified criminologist,but also a rigorous criminal scientist.
Keywords/Search Tags:Crime governance, SARA model, Problem orientation, Crime research
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