The Hate Crime Phenomenon Research In China During The Period Of Social Transition

As a kind of criminal phenomenon,“Hate Crime” is not a newborn thing orconception. Vertically, it can be traced back to the culture of revenge of ancient Chinaand laterally, the “Hate Crime” has already been the research object of science ofcriminal law or criminology in the Anglo-American legal system. In recent years,hateful emotions have somewhat spread, it has not only brought the matter of socialmentality, but also initiated a serious of criminal cases. As a result, for China duringthe period of social transition, the research on our hate crime phenomenon has gainmore significance. But so far, it is lacking of the research on the hate crime. Howhatred is generated and what kind of relationship between hatred and crime? Whatabout the basic statistics on hate crimes in the transformation period in China? Whatare the underlying causes of the current hate crimes in China? How to eliminate thisphenomenon? All these questions are short of the systematical research and thoughts,but rather these are urgent theoretical and practical problems.This article on the above issues, is divided into five parts explained: hate crimesin ontology, as an example of hate crimes legislation in foreign countries by theUnited States, hate crime during the transition period in China, current deep analysisof hate crime in China and countermeasures to eliminate hate crimes.Part one is the analysis of ontology on hate crimes. There includes two most, thegeneration mechanism of hatred and its causal relationship with crime. For the generation mechanism of hatred, I try to give different interpretations from theperspective of psychology, biological and emotional phenomenology. While for itscausal relationship with crime, pointed out that hatred is a necessary condition thatraises the offence is committed, but what eventually caused criminal behavior alsodepends on comprehensive effects of the many factors, such as the degree of hatred,the external environment, the perpetrator’s personality and ability to control emotionsand so on.Part two introduced the foreign researches on hate crimes legislation------takingthe U.S. A. as an Example. Sorting out its current legislation, legislative causes and itsdisputes on the legislation, expecting that the stones from other hills may serve toPolish jades and draw experience as well as lessons from the U.S. A.Part three is the study of hate crime during the transition period in China. Firstly,because of hate crimes in China and " Hate Crime " in Britain and the United Stateshas a little difference in the definition, so I tried to give the definition on hate crimesin China. Secondly, an overview and summary on characteristics of hate crimes inChina is necessary. Thirdly, in order to avoid confusion, there is a comparisonbetween the concepts of hate crimes in China and related concepts. Fourthly,described the performance and characteristics of present hostility, with a view to amore intuitive understanding. Lastly, classified and explained the categories of hatecrimes in our country.Part four is made to the analysis on underlying causes of the current hate crimesin China. To make an in-depth study of from four dimensions, including social,cultural, psychological and social psychology, to mining the specific reasons for hatecrimes occurred under the background of transformation period in China.Part five has proposed some countermeasures to eliminate hate crimes.According to the experience of other countries for reference and in accordance withChina’s actual, criminalization of countermeasures is not a good strategy. As a result, anumber of decriminalization of countermeasures may be more favorable. Mainlyinclude distribution system perfection countermeasures, countermeasures onstrengthening the coordination system of interest structure rationalization of social groups, strengthening of social management strategies, psychologicalcountermeasures and cultural construction.Overall, this paper is a deep thinking of the existing hate crimes which is basedon the background of the transition period of China. Choosing the generation ofhatred as a starting point, basing the study on the foreign researches on hate crimeslegislation, giving the overview of the present situation of hate crimes in China,meanwhile making in-depth exploration of the deeper reasons behind, thereby tries togive some suggestions on practical problem solving.