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To Renown The Reasons Of Crime

Posted on:2013-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:J GaoFull Text:PDF
GTID:2246330395458963Subject:Law
Abstract/Summary:PDF Full Text Request
Since the birth of criminology in the West, many schools based on their owntheories have proved into the causes of crime. In the relentless explorations of thecauses of crime, the diversification of the causes has promoted the continuousdevelopment of the criminal subjects. Reasonable understandings of the crimereasons have an important impact on criminology which also fundamentallydetermines the rationality of the theories of criminology. As a mass socialphenomenon, the origin of existence of crime asks for theories as its objective socialbasis. Meanwhile, crime is a kind of phenomenon both individual andsocial. Therefore, the exploration of the causes of crime should define the objectivesocial basis’s influence on an individual. Moreover, a general crime offence under thecontrol of the criminal motive is a process of determining the criminal purpose frominterior to exterior. The causes of crime should also be comprehensive and contain theexternal factors.Compared with western countries, the development of criminology is rathershort and slow in our country. Our scholars still have divergences towards the subjectorientation of criminology. So the theoretical study of criminology appears to beinsufficient. Influenced by our unique political and historical environment, thescholars usually have limited rational thinking about the causes of crime. To someextent, the lack of historical doctrine for reference also makes the study of the causesof crime become the tool of demonstration and the understanding of it hard to berecognized. According to the influence of the external factors towards the causes ofcrime, the author has put forward some abstract points of view and made variousdiscussions in order to widen the vision of the research.The thesis researches into the criminal causes systemically through the followingfive parts.In the first part, it sheds light on the Chinese and western traditional theories. Inthe West, the study of the criminal thought underwent an evolution for a long time. Itcan be traced back to the evolution of the Classical School of Criminology, the Positive School of Criminology and the Modern Research School. Under theguidance of these schools’ development, the author comments on the criminal causeswithin the scope of criminology. In the meantime, the thesis extends upon previouswork on comparing the distinction of Chinese and western cultural schools withrespect to discover the rules and deficiencies of the subject. The second part clarifiesthe concept of crime. Only with clear understanding of the concept of crime can wehave a more definite idea of the concept of the crime reasons. When we compare theresearch orientations and angles from the viewpoint of the criminal law andcriminology, we can find that the two subjects have the essential difference towardsthe concept of crime. In Criminal Law, whether a person has committed a crime ornot and which kind of crime has been committed have a strict boundary line. While incriminology, the attention has been paid to the study of the criminal offence andphenomenon. Due to the universality and serious social harmfulness of a criminaloffence, all the related subjects have proved into the concept of crime from their ownresearch angles. The two main representatives are from the legal and sociologicalperspective. In the author’s opinion, each perspective has its own advantages anddisadvantages. All in all, the conclusion has been drawn that the nature of crime is theserious social harmfulness and it should be given a punishment by the law. The thirdone of this thesis explores the social basis of committing a crime. The nature of crimelies in the legal interest violation and the shaking of the interest pattern recognized bythe legal order. After the emergence of the law and the state, the class rule and classoppression in respect to the imbalance of interest become the fundamental reason ofcommitting a crime and breaking down the law criterion. In the next part, the authorgeneralizes the discussion to the criminal motive. Based on the law and the state’semergence, it is the injustice of a law that gives birth to the motive of a crime. Thiskind of injustice is also involved in the so called law of justice as the socialist law.Even though it has eliminated the exploitation and the people become the masters ofthe country, the criminal offence still exists. Thus, the criminal motive willaccompany with the law and the state throughout the development. Namely, thecriminal motive widely exists in a society. Finally, it comes to the fifth part. As ithave shown in the previous work, injustice results in the social control’s weakening and the psychological deviation and imbalance. When the external stimulus beyondthe psychological endurance, it sharpens the social contradiction and causes theoccurrence of a criminal offence.To sum up, it is the injustice of the law pushes the social individual into theopposites. During this process, it dies out and the social control force declines sharplywhich turns the criminal motive into the criminal offence. Our understandings of thecauses of crime will speed up the development of the criminology and have a positiveeffect on the prevention of crime.
Keywords/Search Tags:Crime, Reasons, Social basis, Justice
PDF Full Text Request
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