The Study On Crime Problems Of Undue Rights

Various aspects of social transformation during the period of political,economic, andcultural emerged as the different levels and varying degrees of conflict and variation,followed by the thinking of the kinds of social relations the main, the continuousimprovement of the awareness of the law, human rights The consciousness of the subtleprogress, so in recent years, China’s social activism in full swing, a great prairie fire. With theincrease of protect their rights, the rights the expansion of the field, the influence of activismalso widening. Now the legal system is maturing, the context of a general increase in thepublic awareness of the law, the most rational subject to the use of legitimate and effectiveway, so that they maintain the legitimate rights and interests of effective protection andrecovery, but there are a handful of people is difficult or impossible their legitimate channelsto maintain or preserve their reasonable demands, and even part of the radical after weighingthe cost of legal rights and criminal, he took over when the rights. In the end, not only theirown legitimate rights and interests can not be maintained, but because of the violation ofrights over when the legitimate rights and interests of the state, collectives, or othersimprisoned, reduced to a legitimate defenders of the rights and interests of offenders, andeven criminal suspects It truly is heartbreaking. Of course, not all of the rights will be overwhen, just as not all of the rights over when the end will be the evolution into a crime, like,rights over when the offender caused only a few parts, but the rights the main multi-offinvolved in the social class of vulnerable groups, in addition to the general public compassionfor the weak, and public opinion tend to safeguard vulnerable groups under the spell of somemalicious person can easily be turned to a group event or violent crime. According toincomplete statistics, initially identified more than80%of the main event of the mass is aboutrights, and the other social disputes, social vent their anger and mob crime. Therefore, for thelegitimate rights, we should encourage and support should be corrected for the general rightsimproperly and for rights too easily lead to crime situation, we should be rights beforeconversion to the crime prevention and control.Leather Army Professor Criminology High-Level Forum on social conflicts and publicsecurity mechanism: the study of social conflict as well as social hostility event, to commencefrom the three perspectives of political, criminal and human rights. The politicization of the enemy dichotomy that the "contradictions among the people nor enemies of the Friends ofsuch research way of thinking does not meet the development needs of the times; criminalperspective mainly refers to the crime science should protect their rights and conflict eventevolved into a criminal offense the whole process; rights perspective refers to rights now canbe summarized as "the scramble for profits is not the power struggle."Benefit" means not just"interests", but "right" to the right spiritual things, this trend is imperative.This study is mentioned above, the second perspective: criminal Criminology protect theirrights to study the whole process of evolution as a criminal offense. The article is divided intofour parts:The first part of the rights of social transition caused by the crime to be outlined, the firstrights to define when the connotation and extension caused by crime. This section presentsthe rights is not an abstract concept, but the proposition of a specific event from two anglesinfringement and breach of the rights of crime caused by "rights" to make a macro and abroad sense defined. About "excessive" degree of understanding of the adverb, the authorintroduces the theoretical description and analysis of "excessive" gone too far in relating toand from China, two aspects of criminal law "excessive" degree of a more nuanced parsing.Thus the rights through due to the definition of crimes: the citizens, legal persons or otherorganizations to safeguard their legitimate rights and interests, take a series of human rightsdefenders, tort or breach the rights behavior significantly more than the necessary limits andcause significant loss and lead to crime situation. According to the definition of rights whenthe crime constitute and easily confused with the situation Analysis and distinguish. Secondly,according to the type of its stakeholders, the types of rights violations and criminal rights overwhen caused by crime classification; summed up during the social transformation Rightstypical especially when caused by the crime.The second part of the defenders had caused crime Motivation. Existing research from amacro perspective, at the societal level of defenders when the phenomenon of crime analysisand investigation. Rights to convert to a criminal case, from the perspective of the parties,there are complex psychological process of change. Rights over when the phenomenon ofcrime, in addition to the macro analysis, at the micro level of individual psychologicalanalysis is also essential. Only by adhering to the organic combination of macro analysis andmicro analysis, social studies and individual studies, in order to fully understand the rightswhen the causes of the phenomenon of crime, the development of scientific and practical crime prevention and control strategies and measures. The part of the first rights when thecrime is caused by psychological generating mechanism with a detailed analysis, and thenfrom the micro and macro aspects of the individual causes and social causes, on the rights of acomprehensive analysis of motivation due to the phenomenon of crime.The third part of the rights when caused by a crime to resolve the blocking mechanism.The first theory to resolve the blocking mechanism described and analyzed, and introduced toresolve the blocking mode formula:≈tension of a crime (target-reality)-to resolve the(legitimate means+the cost of illegal); followed by private relief and public relief and socialrelief three Remedy rights when the crime is caused by conversion mode, the transformationbetween the three modes; from the tension and resolve the mode of analysis to resolve theblocking mode in rights when caused by crime of the specific use.The fourth part, to resolve blocking: the transition period rights when the crime preventionstrategies. The first is to resolve the source, start from the education and enlightenment, toshape a people and a healthy personality, the formation of an optimistic, healthy attitude,law-abiding "perfect" Duc; followed by the conversion block, to reduce the abuse of powerfrom the political to narrow the gap between the rich and the poor economy and culture builton three aspects of mainstream culture, proposed rights of the transformation to the crimeprevention countermeasures.