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Studies Of The Psychological Structure Of Chinese Female Intentionally Committing Crime

Posted on:2008-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:D PengFull Text:PDF
GTID:2166360215953003Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Ever since the mankind's society had crime, the ratio of female crime has been lower. A former Soviet Union criminologist thought, " to some extent, crime rate of female, especially of the nonage young girl, is the criterionto measure the moral level of a certain society." With the development of social economy and the exaltation of education in China, female and male begin to enjoy equal rights, and participate in the social competition on the equal level. The economic position and social status of female are equal to those of male.The social concept of value has been changed greatly. The changes of the female's ideas and their social status lead to the great change in female crime rate which accelerates dramatically. Between the 1950s and 1960s, ratio of men and women's crime is about 10:1. Between the 1970s and 1980s, female crime ratio increased to about 7:3.But since 1990's the female crime rate has increased by near ten times, and still presents a growth trend.In the west, there is a byword which says"The hand which pushes cradle is the hand which pushes world."Faced with the trend of a growing rate of Chinese female committing crimes, it is of significance to study the reason for female committing crimes. This thesis studies the psychological structure of female intentionally committing crimes mainly through three parts.The first part deals with the pre-related problem of the psychological structure of female committing crime intentionally. For many non-psychology professional people, criminal psychological structure is an unfamiliar concept. Therefore, the article begins with the introduction of criminal psychology, then of the concept and the characteristic of criminal psychological structure. The so-called criminal psychological structure means combinations of those freakish elements which have already existed before the person carries out the criminal offence and dominates the committing of an offence. It is the internal mental reason and basis for the individual to commit a criminal offence. Criminal mental structure is part of the character structure of an offender. It isn't independent of the character structure, but a sub-structure composed of those freakish elements in the character structure of a criminal, which, in essence is a defect in social psychology. It is associated with the comprehensive effect of a character structure. Between the existence of individual criminal psychological structure and the occurrence of criminal offences there exists a cause and effect relation. It is the inner mental state basis of committing a criminal offence. It may cause the occurrence of the criminal offence, but not necessarily. Only under certain exterior circumstances (crime opportunity or inducement) will the criminal offence occur. Criminal mental structure isn't constant forever, it has a changeable tendency. This kind of tendency is decided by the dependence and response of the subject to the inside and outside environment. With the change of the subject's demand of committing a crime and the objective environment, the criminal mental structure has to adjust to the corresponding variety. In the meantime, because of the further input of the exterior bad information and the repetition of criminal offence again and again, criminal mental structure is continuously worsen and develops towards a multi-polarized direction and deepened level. The cause may also be that after the criminal offence is exposed and the criminal is punished, the constrained reform disintegrates the criminal psychological structure then corrects and cures the original social psychological defect.The second part studies the psychological structure elements of female committing crime intentionally in our country. Because there are similarities among different types of crimes, besides, criminal psychology is usually hidden; therefore, it is difficult to master Chinese females'criminal psychological structure accurately and make sure which psychological factors are involved in the committing of a crime. The writer adopts the structure theories in the research of criminal psychological structure to study Chinese females'intentionally committing crime, making it clearer and easier to understand this research paper. Generally speaking, the criminal psychological structure of Chinese females'committing crime intentionally can is divided into four layers. The first layer is the partial and inclined mental process. It mainly discusses a female criminal's characteristics in cognizance ability, emotions and volition. Firstly, the main feather of Chinese females'committing crime intentionally is that their cognizance scope is narrow. More detailed, they lack understanding of some important social problem. Their understanding and evaluation are not based on the morals and laws, but on their own demand and experiences. They are indecisive and easy to follow others'advice. Their low cognizance ability and narrow cognizance scope directly affect their social association and society participation, making them greatly confined when they are met with employment and production, and also affecting their comprehension and acceptance of new things. Secondly, the mental emotion of our country's female committing crime intentionally presents such characteristics. (1)The maternal love and love towards their husbands are easy to be distorted. (2)Their emotion is abundant, delicate and weak. (3)Their emotion is easy to fluctuate and the polarization is obvious. Lastly, they present a polarized characteristic at the aspect of will power. On one hand, they show a weak will in the road to resist lure and repent of their mistakes. On the other hand, they are obstinate when committing a crime. The second layer is the bad character tendency. The characteristics of our country's female committing crime intentionally are mainly shown in the following aspects: 1 their idea of law administration is weak. 2 their demand layer is low and need structure are abnormal. 3 their temperament is weak and introverted, and dependence is strong. 4 Their ability of self-protect and distinguishing right and wrong and controlling one's own fates is low. The third layer is the stubborn and distorted characteristic of female criminals. The criminals'character mental includes various factors, such as: making invidious comparisons and jealousy, grudge and revenge and following the crowd. The personality elements of our country's females'committing crime intentionally mainly are shown in this way; the strong revenge desire. And female's revenge motive is mostly caused by objective illegal violation and most of them have a nature of negative change. According to some experts, 85% of females commit crime motivated by a revenge desire. The fourth layer is the negative mental states of female criminals. There are many kinds of criminal mental states. Seen from the point of our country, the female intentionally committing crime, negative mental state which presents obviously is an intense emotion state when they commit crime. According to some statistics, the majority of the cases of females'committing crime intentionally belong to intense emotion crimes. In the prosecutorial office of Chaoyang District in Beijing there is a team called"women prosecutors" which is made up of elite women examining justice. The team pointed out in a report of 2003 that intense emotional crime has already become one of the three greatest reasons which induct a female to commit a crime.The third part mainly discusses the mental prevention of females'committing crimes under the viewpoint of psychological structure of Chinese female criminals who commit crimes intentionally. Mental structure of criminals is the inner motive and domination strength of a criminal offence, while the criminal offence is the exterior performance of a criminal mental structure. Only when the doer forms the criminal mental structure, and runs into or finds certain crime opportunity, he will commit the criminal offence. This provides a powerful theoretical basis for us to prevent a certain offence. After the study of female criminals'psychological structure in our country, the writer thinks we should approach to the study of mental prevention of females'committing crime from the following aspects: 1, to prevent the formation of females'psychological structure. Firstly, we should keep negative mental factors from emerging, spreading and occupying the predominant position of mental state life, such as repressing its illegal demand, turning back bad interests, regulating abnormal motion and emotion, and keeping bad behavior habit from developing etc. Secondly, if negative mental tendency is quite obvious, we should make great efforts to prevent the appearance of a creation criminal motive in order to get rid of the direct criminal motive, 2, to prevent the females'abrupt criminal offence. Pay attention to the outlet of females'emotion. As for those females who have obvious defect in temperament and personalities and are easy to be impulsive and insensitive, we should help them strengthen personalities and accomplishment, learn to regulate self-control so that we can reduce the occurrence of abrupt criminal offence。Eliminate the opportunity of carrying out a crime. We should reduce careless omission and mistaking, remove the opportunity, and keep criminal offence from taking place by passing and perfect institute, implementing guarding measures, and strengthening the defending ability of those who may be violated. 3, to attach importance to the mental leading toward women, destroy the already formed criminal mental structure. The emphasis of mental state leading should be put in helping women learn how to convert mental antinomy and affection quarrel, expel vexing and mental obstacle. 4, to promote women's literary ability completely is the fundamental step. Only if we raise the women's science and culture knowledge completely, can females'committing crime then be prevented and controlled effectively.In conclusion, preventing females from committing crime is a great social systematic project. We ought to call up the whole society to participate in it and carry it out by leading the social psychology in a right direction.
Keywords/Search Tags:Psychological
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