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Crimes Under The Cultural Conflict Formation And Prevention And Control Mechanism

Posted on:2008-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2206360215496536Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crime is never an independent social phenomenon, it is the result of correlative factor's influence,and it's also form effection with the causation and result. Of course, the connection has rule and could be finded. Only when we consider and research rational and find the rule, we can regulate the percentage of crime as a whole in our society.The factor of crime causation is very intricacy, include physiology, psychology and other social factors. Along with the progress of civilization, communion is much more frequent, and various organization also much more complicated, so the degree of people's socialization is much higher. At the same time, people depend upon society more and more. Now all sorts of social factor's function to people is strengthening. For instance, economy factor competition is much more severity, politics factor is debated by more people, religion factor is adored crazier, custom factor is facing more crisis. Culture as these factor's composite, forming a sort of relation with crime in especial time spontaneously. Due to the character of history, tract and contain with culture, deciding culture is an intricacy object. There're sorts of culture type in the world, and always continue changing. In the specific space time, all type of culture are conflicting with each other, this state is lasting and along with people being.From the angle of causation,crime come from special culture. Culture is a sort of living custom which people form in long time, be enslaved to specifical politics, religion, economy, geography, etc. Culture plays important fimction, on the one hand, it forms similar value judgment, on the other hand, there are a lot of heterogeneous culture, and causing value judgment conflicting, it is affecting people do different behavior. In a culture colony, when peculiar person suffer from subculture, his action must against mainstream, so representing in reverse with commonness. In the confliction, crime culture which can't be approbated by majority naissance, when law prohibit these behavior, crime is appearing. From the angle of connection between crime and culture, both are bringing affection to each other. We can find the ingenerate relation, for example, as one culture falls, another rises. We also could see, there are relation between crime and culture, for example, when culture changes, the definition of crime is changing, some traditional crime dies away, and some new crime appearing. From negative angle, crime has corraded social ethos, but on the other hand, crime may bring some positive stimulate to society such as social science and nomocracy. In various type of culture, culture confliction, subculture and radicalism culture are much closer to crime. First, culture confliction because of emigration, either could arose naturalization person maladjustment or arose native feel bepuzzlement, so it may induce crime because of mistake or collision. Second, the subculture which shape through group, is much more favour to callan, especially make use of network, make lots of people whose self-command not good are up to the chin, even walk up to the edge of crime. Third, radicalism culture may represent a type of culture's evolution, but within the currently days, the ahead of conception can't be accepted by public, sometimes may be considered as a crime because it disturbs traditionalism or other people's living.From the angle of crime prevention, only penal punishment is not enough, the key of striking crime is regulating social causation and making some medication to those people with bad personality. Franz Von Liszt had said, the best social policy is best criminal policy. So when we find essential causation of crime, the relation between culture and crime, especially the affection from culture confliction and subculture. We should use the rule, to prevent and cure crime thoroughly. Such as harmonious culture which our government is advocating nowadays, relaxing a lot of confliction in society, so decreasing correlative crime as if violent crime.
Keywords/Search Tags:crime, culture confliction, subculture, connection, prevention system
PDF Full Text Request
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