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On Crime Control Model

Posted on:2008-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q X TongFull Text:PDF
GTID:2206360215496515Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
No matter how a country metes out punishment or takes other relevant social measures to control crime, no matter how people hate or evade crime, crime is just like a ghost, accompanying the development of human society all the time. Therefore, the problem of crime has been an ever-lasting research subject. Especially against the backdrop of social transition in China, the problem is more prominent and thus becomes a fundamental social problem.How to control crime? How to control crime when the society is in transition? These are major problems not only in practice but also in theory. In view of this, the dissertation, after an analysis of the two criminal control models, punishment thunder model and social prevention model respectively, is intended to reflect upon their disadvantages, advocate a new proposition of criminal control model and analyze and discuss the conceiving of the criminal control model in China in detail. The whole dissertation is divided into four parts.The first part is to talk about the origin of criminal control model from the perspective of history. There existed two criminal control models, punishment thunder model and social prevention model respectively. The former is carried forward by the criminal classic school and embodied by the assessment theory of sadness and delight by Bentham, while the latter is proposed by the criminal positivism school which is represented by Ferri Liszt Gramatica Ancel.The second part is an analysis of relevant theory and reflection upon the disadvantages of the criminal control models. The punishment thunder model is just a rational idealization, influenced not only by man, crime, time, place, structural system of committing crimes, but also by impartiality, severity, determinacy and timeliness of punishment. All these factors make punishment thunder model not certain enough. Besides, the punishment thunder model may easily lead to severe punishment, resulting in great side effect. Firstly, severe punishment will necessarily cause the incongruity between crime and punishment. Secondly, severe punishment does not accord with the purpose of punishment. Thirdly, severe punishment usually neglects the construction of other relevant social systems. Fourthly, severe punishment goes against the world development. On the other hand, the biggest problem of the social prevention mode lies in that it may infringe upon human rights. From the point of view of the conviction, those who advocate such model regard criminal's personal danger as the foundation of criminal liability and neglect or even deny the objective behavior and actual damage. From the perspective of meting out punishment, those who advocate social prevention model determine the punishment according to the uncertain factor—the criminal's personal danger. Consequently, there is no stable rules for the application of punishment. What is more, there exist many defects in the aperiodical punishment proposed by those who advocate social prevention model to cater to the individualization of punishment.The third part is the switch of idea. A new concept of criminal control model is proposed hereby. The modern society in China is carefully investigated and then the new concept of criminal control model, namely the relativity of committing crimes and the limitation of punishment, is put forward. The relativity of committing crimes refers to the inevitability of crime in the meantime of bringing out people maleficence. On the other hand, the limitation of punishment means the limitation of criminal investigation scope, the last choice and the simplicity.The last part is probe into the real situation and conceivement of the criminal control model in China. The position of Chinese criminal control model is talked about, from the ideal criminal control model to the real criminal control model, from the national standard mode to the social standard model, from the single mode to the multimode. Next, the content of Chinese criminal control model is pointed out. It should be a combination of the punishment thunder model and the social prevention model. In detail, there are two steps leading to that. When the Chinese society is in transition, the punishment thunder model is adopted more. When the Chinese socialist market economy develops fully, the social prevention model is more adopted. Last, the trend of two models, strengthening of the social prevention model and weakening of the punishment thunder model, is analyzed.
Keywords/Search Tags:the model of criminal control, punishment thunder, social prevention, the relativity of committing crimes, the limitation of punishment
PDF Full Text Request
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