Study On Cross-border Deviant Behaviors Of Border Residents In Yunnan Section Of The China-Vietnam Border Area From The Perspective Of Social Network

Influenced by globalization,the violation of laws and criminal acts emerge increasingly in the area of Yunnan province along the China-Vietnam border.These behaviors interweaves with the regular cross-border life of the border resident and the special local environment,which results in that the cross-border behaviors regarded as deviance in laws are not only accepted and even protected by the border resident in social network,but also comprehended and tolerated in eyes of law executors at the basic level,and resulted in the difficult problem of the rule of law in the border area of Yunnan section along the China-Vietnam border.Based on field-work,through exploration about reasons and mechanism for cross-border violation of laws and criminal acts of the border resident,this paper attempt to declare that the definition of legal or illegal acts in national laws is insufficient to explain cross border deviant behaviors of the border resident.There exists complicated economic and cultural background for the emergence of the behavior.Objectively,there is a lack of resources and development opportunities in the border area,the contradiction between the structural restraint and the economic demands arising from the impact of globalization promotes the cross-border cultural network emerged and developed from kinship and ethnic groups'relationship to transfer to an economic network which supporting the common economic action of the border resident of the two countries,and an advantageous resource of the border resident.Based on it,the Elite gain the voice in social life of border area through controlling the key positions of the economic network.Cross-border deviant behaviors of the border resident are weaved in the social network integrating culture,economy and power which not only originates from history and tradition,but also is transferred by the current situation.It is the background for the cross-border deviant behavior to be arisen,maintain and gain the tolerance from residents and executors at the basic level.Even more,Who objecting or reporting these cross-border deviant behaviors will be regarded as deviants in the community.As a result,the thesis conclude that cross-border deviant behaviors of residents in Yunnan section of the China-Vietnam boder area are products of various complicated factors,including structural constraints of economic and cultural and the influence of social relation network.Governance of cross-border illegal and criminal activities in the border area should be based on fully understanding of the cross-border social network of border residents and the special "human ecology" of the border area,improving the deficiencies of the arrangement of national legal system and giving full play to the positive role of cross-border social network in the rule of law.Four chapters are included in the thesis besides the introduction and conclusion parts.Chapter one "Cross-border life of residents" is the explanation about background materials targeting at research objects.Resource deficiency,backward economic and social development and historical suffering from wars on this border area indicate the structural restraints faced by residents in developing.The natural environment and historical culture on the border provides environmental conditions and cultural basis for cross-border life style of residents.Actually,in the life of residents,the border can not play an effective role in separating action space and social relationship.Chapter two "Cross-border social network of residents" is the analysis on the structure,function and operation mechanism of cross-border social network from three dimensions:cultural network,economic network and power network.The consciousness foundation of uniting cross-border social network is the consciousness of border community formed by border residents based on natural and historical conditions.This cross-border social network is based on the historical kinship and ethnic groups' relationship.Under the impact of globalization,in the action of seeking economic development of border people,this cultural network has become an important support to break through the structural constraints of resources and social opportunities in Yunnan section of China-Vietnam boder area,and made it has the attribute of economic network.In the process of border residents seek for economic development relying on the network,the Elite has become the person who controls the important resources and economic opportunities in the network.With the application of social capital theory of Linnan and the framework of resource,location and behavior as analysis element,I expound the resource attributes of the cross-border social network itself,and how the Elite gains the right to speak in the order of the border area by controlling the economic opportunities in the network,which makes the cross-border social network present an attribute of power.The third chapter,"Cross-border deviant behaviors of border residents in social network",studies the types of cross-border deviant behaviors of border residents from macro and micro perspectives.From a macro point of view,the article combs the current laws and regulations in national law system which regulating cross-border behaviors in Yunnan section of the China-Vietnam border area.In accordance with the laws and regulations,some cross-border behaviors have deviant properties,should be regarded as cross-border violations and cross-border crimes.And,these cross-border deviant behaviors are correlated with the cross-border social network of border residents.From microscopic perspective,on the basis of field work,I state the different meaning of the national-law deviant behaviors in the vision of border residents.On the one hand,border residents have a basic understanding of the deviant nature of their cross-border behaviors in national law.On the other hand,the lack of resources and social opportunities in Yunnan section of the China-Vietnam boder area makes cross-border economic cooperation a way to seek economic development.The cross-border behavior of border residents,which is regarded as deviant under national law,has been understood and accepted in the social relation network of border residents because it serves as a resource and strategy to break the structural restriction of the border area.Even,the Elite who as the main actors of cross-border deviant behaviors,gains the right to speak in the order of border area by controlling the key positions and resources in the cross-border economic network,and make the practice of reporting cross-border deviant behaviors become"deviant" in border communities.Chapter four "Practice of governing cross-border deviant behaviors "On the basis of the previous three chapters,this part discusses the influence of cross-border deviant behaviors of border residents on the rule of law practice in Yunnan section of the China-Vietnam boder area.From the perspective of executors at basic level,they do not crack down severely on cross-border deviant behaviors of residents,but classify cross-border behaviors as those must be cracked down,excusable or shared.From the perspective of legal order,the cross-border deviant behavior results in difficulties in border defense,law observation,enforcement and violation of laws.From the perspective of national rule of law,there are problems like hysteresis quality and inadaptability existing in the current border management rules and regulations as well as disjoint between laws and practical situation,which reinforces the difficulties in governing cross-border deviant behaviors.In the conclusion part of the thesis,I make a summary about the whole article and point out that there are complicated reasons for the cross-border deviant behaviors of the border residents which can not be treated as legal or illegal just according to national laws and regulations.The most fundamental strategy to deal with deviant behaviors of the border resident lies in breaking the structural restraints of resource and opportunity in the border area.As a result,there is necessity to make up for resource insufficiencies and opportunities to improve the development of residents on the border through system arrangement in order to reduce factors leading to deviant behaviors to cross border.In the meantime,in the specific border management practice,the influence and effect of objectively existing of social network on the rule of law should be emphasized.