On The Study Of The Theroy Of Crime’s Function Under The Perspective Of Durkheim’s Sociology Of Law

Crime as a social problem, an old but fresh with human societies from the original formuntil today, referring to it somehow touches sensitive nerve of all social strata, as it is makesfor wonderful harmony of the "nightmare" is an orderly society,"destroyer", was brought tonormal physical and mental suffering "ringleader", is the authority of the State "Challengers".It cannot be denied that the vast majority of people in the eyes of the perpetrators are "thedevil" and "the monster" in the human voice, which rulers attempted to endanger his rule therelationship of perpetrators to demonize. Even great scholars like Long Boluo shuttles havestrongly advocated the born offender’s presence. It is in the context of this political and publicopinion, become the target of the crime and offenders granted, whether sovereign or person toall who want rid of then. Criminal process in the punishment of crime and crime prevention isplaying an irreplaceable role in legal study on crime has long been mostly follow traditionallegal attribute levels, explore how more rules from the point of improving legislativetechnique and improving judicial procedures to prevent and deter crime. But we have torecognize the reality is today more sophisticated criminal law, judicial era of increasingvisibility, crime remains one of the most prominent issues in society. Though admittedly withtoday’s Internet era information dissemination associated with openness, which exposed theproblems are real, and may wish to look at from another angle, color more openly spread is atest issue. Faced with high crime rates, from the perspective of consolidating political powerand responsiveness, select the strongest comeback to the crime in our country. However,periods of heavy tendency most evident in society as crime rates were forcibly suppressedonly in the period of time and then quickly rebounded, and side effects from the toughcriminal policy has started to highlight. So, everyone started to question the " One must bethorough in exterminating an evil" are realistic crime and begin rational thinking, crime is notreally wipe from a human society? Especially in the period of transition in China showing acrime-prone, take extreme intent to destroy all crime and crime will backfire and even causemore social problems? I set out with problems, sought to classical sociologists of Durkheim’scrime on the function of analysis, for a correct view of crime and social relationships toestablish rationale, modest contribution to national criminal policies, hoping to clarify thenature of the crime and crime and social relationships based on better prevention and controlof crime. Recognize the positive functions of crime does not mean denying the nature of crime,crime author in recognition of socially dangerous premise, approach from the point of view ofsociology and law cross the full depth of analysis on crime, look forward to a new path toaddress an old problem, Durkheim on crime on the function of criminal policy in transitionperiod of considerable added value of knowledge. So, I need to first restore the empiricalresearch on the sociology of Durkheim’s context path, and focus on the analysis on thefunction of Durkheim’s views of crime and crime formation. I sought to justify and after thedevelopment process, find disordered to the high crime rate in the transformation period ofadjustment reference.