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To Crime Root Understanding Again Ponder

Posted on:2008-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z X HanFull Text:PDF
GTID:2166360215952509Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In carries on the system theory to the crime reason in the research process, the crime root knows reasonably or not only has the important influence to the crime aetiology scientific nature, but also fundamentally is deciding the entire criminology theory rationality. Therefore, since the criminology in the western birth, in the history the criminology various schools of thought has,all carried on the unremitting exploration take own theory as the basic point to the crime root to where, explores conclusion many and varied, but also was precisely this kind of discussion also simultaneously impelled the criminology discipline development.Because the criminology spreads to our country the time to be shorter, our country educational world to criminology discipline localization on existence difference, therefore also in fact is congenitally deficient to the criminology certain fundamental researches, since in addition has founded a nation our country unique politics and the historical environment influence, the scholars often lacks the enough rationality in the research crime root process, in the certain degree causes to the crime root research politics and the policy proof tool, this kind of present situation deeply has affected the criminology fundamental research, also causes to the crime root to form the correct understanding with difficulty. Therefore, the author believed, it is necessary to reconsider formerly to the crime root understanding various kind of theories rationality.The article divided four parts to carry on the narration and the discussion to the crime root. The article first part has first been clear about the research crime root theory premise. The crime root took the criminology a basic theory part, has the very strong theory, therefore must first be clear about some basic theories and the concept to its understanding, in this part of inside authors first limits is the crime concept, because only has first is clear about the crime concept to be able then the establishment correct crime root concept, then enable to the crime root research to have a common platform. As a result of the criminality universality and the serious social hazardous nature, this kind of behavior has always received the multi-disciplinary universal attention, therefore various disciplines all embarked by own research angle of view to any are the crime have carried on the limits, including the representative two kinds mainly is to the crime legal definition and the crime sociological definition, has analyzed two kind of definitions ways fit and unfit quality in this part of authors, and embarked from the criminology discipline characteristic and the research technique, has been clear about in the criminology discipline interior the definition which should have to the crime, thus for further built the foundation to the crime root research. Besides the limits crime and the crime root introduction, this part had also pointed out the understanding crime root correct methodology, mainly is the causes and effects relation theory and the contradictory theory. The author believed that, the crime root took the crime the final reason, is initiates on the criminality causes and effects relation chain link last the link, therefore from basic says, to the crime root understanding process is an analysis initiation crime each kind of factor relation process in fact, this characteristic causes to the crime root understanding to have correctly to utilize the causes and effects relation theory. The article finally draws the conclusion to think the crime root is one kind of contradictory movement result in fact, whether thus correctly utilizes the contradictory theory and the contradictory analytic method to draws the conclusion to appear very important.The article second part is to historical in as well as the current our country several kind of main crimes roots understanding narration. In the narration process, the author as far as possible analyzes these understanding by objective and the realistic manner, after summarizes these understanding, carries on to these understanding positive senses and the flaw dialectically looked, while indicated their scientific also to carry on the analysis to its shortcoming, comprehensively made every effort to be objective, thus also for the after article in pointed out the correct crime root knew should have the special characteristic made the essential upholstery.The article third part had first pointed out the correct crime root knew should have the special characteristic, this in fact also has analyzed the flaw once again which formerly kinds of knew. In indicates these special characteristics in the foundation, weighs the conclusion rationality take these special characteristics as the standard which oneself obtains. The article last part is this article key point, has pointed out author's viewpoint, also is the article conclusion is at. Inside this part, the author has fully utilized the understanding crime root correct methodology which front the article already mentioned, embarks from person's natural attribute and the social attribute duality seeks the crime the root.Inside this part, the author believed that, the person has the natural attribute and the social attribute complex animal, between these two kind of attributes contradiction is the objective existence and inevitable. Human's natural attribute decided the person forever is unable to get rid of the animalism, but an animalistic basic characteristic is the pleasure principle, namely under the animalistic influence, the person in establishes and meets own needs in the process not to be able the excessively many considerations social norm and the community benefit, artificial has met own needs often to be able to ignore the social minimum related standard the restraint, this for illegal even was the crime has prepared in the psychological condition. But at the same time the person also is has the social attribute animal, the person forms the social group to survive, is individual strength too small result, the maintenance society's stable existence is members of different social classes' common interest is at, therefore the maintenance society's stable existence then in fact has been also becoming personally for satisfies one premise method which oneself needs. Essentially the personal interest and the social benefit had consistent one side. But the practical life tells us, because between individual difference as well as the social condition definition, the personal interest and the social benefit are impossible completely consistently, the society in already has under the condition is impossible to satisfy individual completely needs. Under this contradiction, personally benefit oneself the heart and pleasure principle losing, in order to satisfy own needs then to have the possibility to adopt the society not to give the approval the way, this has become the initial power in fact which the crime occurs.Inside this part, the author has fully utilized the criminal psychology related knowledge and the theory, first had pointed out the crime production general mechanism, had pointed out between the initiation crime various factors causes and effects relation, finally draws the conclusion to think the crime motive the formation reason is the crime root. In carries on the analysis to the crime motive formation reason in the process, the author embarked from person's natural attribute and the social attribute to person's behavior different influence, has utilized the psychology and the related contradictory theory, finally drew the conclusion to think the crime motive the formation reason lay in is benefit oneself each kind which the heart impelled to produce to need with the objective social condition to satisfy the need between the restriction contradiction is the crime motive formation reason, also was the crime root is at.The article finally is a conclusion, inside the conclusion, the author the conclusion which obtains through the article thought: The crime is inevitable, looked from the crime production root, the pure penalty to the crime prevention can the function extremely is also limited, therefore we should eliminate to the penalty superstition, sets up correct penalty view.
Keywords/Search Tags:Understanding
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