The Transformation Of The Social Order Changes, Changes In Crime

Contemporary China is going through deep and significant social transformation, its development process and effect have already become the inevitable mighty historical scene to each aspect of the Chinese society, as well as for the criminal research of transformation society. The criminal research of transformation society needs to study general relation of social transformation and crime, needs to study its unique expression in our country. Often following the serious growth of the crime in the process of social transformation, there is not linear relation from the society transformation to criminal change, but the intermediary mechanism of order variety in them. Through the intermediary role of order variety, social transformation effect and criminal change have formed mutual motive structure, and have delivered unification between universal social transformation and the relatively isolated criminal on logic and reality. Order variety has 3 layers: mercerization variety of economy order, unfamiliarity variety of communication order and pluralism variety of culture order. The three layers are restricted mutually; their joint forces direction is the dimension, which moves forward the social comprehensive transformation. Primarily speaking, the impetus of social development lies in the social productive force progress, therefore, in the order variety of transformation society, economy order is the most elementary, initial and original one while communication and culture order variety is its logic and practical results. As for the relationship between order variety and criminal change of transformation society, it's not the relationship of one-to-one decisive or decided, but it influences criminal change from its own inner every aspect, then by summing up, it appears a united appearance, moreover, social order variety makes effects on criminal change, which has its own development logics, is not simply conforming to linear cause and effect law.When it comes to studying criminal problems of social transformation, the research on the criminal change in the social transformation period is an essential one. Because criminal change embodies every important feature of criminal problems comprehensively and profoundly in the social transformation period, and it also reflects social development course in this period, it takes on the rough conditions of social contractions to some extent. By combining social transformation with criminal change, we will study the transformation of our modern society comprehensively andsystematically, and we can grasp the overall thinking on preventing and controlling crime.An active and stable crime preventing and controlling thinking requires the reasonable criminal concept as basis to direct. And on the basis of the principle of law and the protection of human rights, it circles in the criminal law, combines civil law and administration law and so on, makes emphasis on integrating attack and prevention. However, it makes more emphasis on preventing system (Criminal preventing and controlling). An active and stable crime preventing and controlling thinking must establish a new criminal policy system which is coordinated with modern criminal policy concept and social transformation, that is, directed by the principle "combining attacking and preventing, emphasizing preventing" as a guide, it lays stress on a criminal law system of overall administration of social security combining guaranteeing civil rights and protecting social order. In the criminal law system of overall administration of social security, we must divert the concept "laying stress on attack but despising prevention", transfer the tendency on penalizing all-possible and heavy crime, design and put into effect criminal policy, criminal prevention and control measure reasonably, and organize the response to crime rationally.