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On Hate Crime

Posted on:2013-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:W F HuFull Text:PDF
GTID:2256330395988752Subject:Punishment law
Abstract/Summary:PDF Full Text Request
China is in a transition period of the socialist modernization drive, a variety ofintensification of conflicts and social instability increased crime caused by hate motivation isone of them.However, hate crimes in our country and did not get the attention they deserveless research on hate crimes, full of hate crimes and to achieve effective results, will help toprevent and control crime caused hate in real life, easesocial conflicts, promoting socialdevelopment and stability.This article is divided into four parts.The first part is an overview of hate crimes.First ofall, by the Revenge of the Revenge of the culture and ancient Western culture and thediscourse of historical records in ancient China, to illustrate the historical and culturalbackground of hate crimes.Accompanied by social development, the country began todevelop legal norms to restrain revenge, the greatest impact on the legislative norms of theConfucian culture of the ruling class, the regulation enacted by the Tang Dynasty revengecrime laws are very perfect, Western Ancient historical records on the culture of revenge ismainly present in thesome ancient codes and religious texts.Secondly, by introducing commonlaw countries,"Hate Crime", and some scholars in China, hate crimes, combined with China’sactual situation of the concept of hate crimes.Then, hate crimes and related concepts todiscriminate.The second part is the type of hate crime and criminological characteristics.First, thedeparture from the subject of crime, the object of a crime, the objective aspect of crime, bytype of hate crime.Secondly, the Criminology aspects of the characteristics of hate crimes,focusing on analysis of the quality of the physiological and psychological qualities of hatecriminals.Finally, the types of crimes of hate crime as a motive, motivation process has itsunique characteristics, with a sudden, arbitrary, and premeditated.The third part is a frequent reason for hate crimes.First, from the social environmentdiscussed the reasons of hate crimes, the major factor in the historical differences in economicdevelopment, the interests of diversification increased the chances of conflict betweenmembers of society, lack of government, the legal system is imperfect, as well as social andculturalimpact.Secondly, the frequency of hate crimes, natural factors, mainly from rural andurban geographic differences in the environment and climate factors as the focus to explainthe causes of hate crimes.Finally, hate crime, psychological factors, emotions and feelings of hatred of criminals and its inner needs and motivation, making the hate motivation, lead tohate crimes.The fourth part is a hate crime prevention measures.First of all, the hate crimesprevention measures, hate crimes, as well as in practice the measures taken have been walkingin front of the other countries.The United States has developed a series of anti-hate crime law,and made great achievements in the fight against hate crimes, but there are manydeficiencies.We can learn useful for the prevention of hate crimes in Chinaexperience.Secondly, the main measures to combat hate crimes in China including theenvironment clean and take appropriate criminal measures to clean up the environment toexplain in terms of social environment, family environment, the workplace environment,school environment.I believe that, in China to combat hate crimes can be considered from asentencing point of view the hate motive as the discretion of the Sentencing treated severely,through the development of uniform sentencing rules to regulate the magnitude of thediscretionaryThe same time, the Government should strengthen the protection of vulnerablegroups, weakening the sense of the difference between the members of society.
Keywords/Search Tags:Revenge culture, Talionis, Retribution Punishment, Hate crimes, Retaliation, Motive for the crime
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