Research On Post-rural Society’s "Deviant Community" Behavior

At the end of 2013, the Lufeng Boshe Village of Guangdong, in which more than twenty percent of local people were cracked down on by relevant departments for drug making and trafficking, soon attracted social attention. "Deviant community” behavior is not the only case of this kind. Such serious phenomenon should be paid attention to and researched by sociologists and legal scholars. However, the academia or the media just condemn it morally and ethically, or analyze the social reasons for this phenomenon from the macro and superficial level which usually cannot reach the point. Therefore, we need to study how this deviant phenomenon gradually spreads concretely and dynamically, thus to control the spread of the "epidemic" and even prevent it from the source.Considering the above reasons, this paper takes the phenomenon as the starting point, collects, sorts out and summarizes the typical cases of rural society about the community of "deviant" behavior since the 21 st century, and on this basis, analyzes characteristics, mechanism and reasons of deviant behavior, finds out the solutions to figure out the problem that makes the villagers not subject to legal regulation, and thus, leads villager’s autonomy system into the law system. This paper has more than 80 thousand words, and it can be divided into the following four parts.Part one: Illustration of the connotation of post-rural society’s “deviant community” behavior.Post local’s “deviant community” behavior refers to: in a rural society under the background of social transition, a few villagers are engaged in illegal and criminal behavior in the form of individual, family or clan, and gradually, other villagers of the community, consciously and unconsciously, join in the ranks of the deviant behavior. They independently engage in the same kind of deviant behavior, and they form multiple scattered "deviant individuals "and "small groups deviant". In the end, a certain amount of groups in the country engage in illegal and criminal behavior, called “deviant community " phenomenon.Part two: the behavioral trait analysis of post-rural society’s the "deviant community ".“Deviant community” behavior has the following characteristics: diverse deviant types, and the same fickle kinds of deviant purpose. Most of these villages are at remote location, and have loose management mechanism, poor rural development environment, and the survival state of the villagers are in a drift from place to place. “Deviant community” behavior is contagious, develops from small groups to scaled groups, and starts from slow to fast. Members of small groups have affinity within, whom are mainly composed of blood or family relationship. They are in division of labor cooperation, and even have the "industrialization" type of running mode.Party Three: the behavioral mechanism of the post-rural society’s "deviant community ".There are many differences in reasons and occurrence mechanism between the unique "deviant community" behavior and traditional deviant behavior. The containment theory, social control theory, theory of anomie, neutralization theory, broken window theory, and group effect theory of criminology theory can provide theoretical support to reveal the behavior occurrence mechanism. However, we need to focus more on the effects of specific factors including local social culture background, the villagers’ action logic and the villagers’ ideas, particularly. The trajectory of "deviant community” is roughly as follows: the first involvement- the emergence of early followers- the influx of late followers.During the period of social and cultural shock, multiple values seriously influents the villager’s plain public-spiritedness. With the personal desire exploding, the rural society gradually collapses and the simple social climate gradually dissipates.Since the reform and opening-up, the traditional pattern of village administration is destroyed by a new model of villager autonomy system step by step, and the traditional authority of the state is reducing and it creates the vacuum that reduces the villager’s sense of constraints. The fast social transformation has broken the original self-sufficient living mode, and some villagers ponder a new developing way which leads to a wrong direction. Overblown by the media and scholars for the weak position of farmers group and the state system defects, it leads to the reduction of deviant villager’s sense of guilt. In the meanwhile, social system defects become a target most often, and the status of the social vulnerable groups become an excuse for wrongdoers.It is just the changes of objective environment of the rural society, the transition of the villager‘s idea, and personal factors that boosts the emergence of “deviant initiator". Deviant initiators’ early efforts have paved way for the early deviant followers’ deviant behavior. After the doer and initiator meets with each other and form a kind of cognitive recognition to deviant behavior, the doer gets the deviant germination under temptation and promotion, and after an evaluation of profits and risks, they eventually choose the hell. With the join of few early followers, deviant behavior emerged from dark site. When other villagers see these villagers earned without any legal penalty, they come to join. Deviant followers’ individual emergence makes the acquisition of deviant behavior become relatively easy. Deviant behavior spreads pretty fast, and this is the prelude of the influx of late followers.Rural society’s clan relationship network forms the basis of "deviant community". Villagers have a close relative system on blood, which has formed a huge centripetal force and cohesion. Nepotism creates the warmness of the entire family while it also makes a hidden danger. Local villagers have social elite worship, when the rural elite or the village cadres fails to hold the entire situation, in particular, it will widely spread the deviant behavior, or even causes an epidemic. Similarly, when the civil servants fail to keep the bottom line, they become the shelter of deviant behavior, and deviant behavior becomes more rampant. With the increase of the number of deviant villagers, the rural subculture will suppress the mainstream culture, and it will boost the pursuit of profits, and then more villagers will be involved into the devianceWhen a majority of people get involved into this, it also can produce a thought that the law fails where violators are legion and people’s false judgment of the seriousness of the problem. This group effect reduces the psychological obstruction of wrongdoers, and leads to more deviant behaviors.The fourth part: The control measures of post-rural society’s "deviant community” behavior.This section is subdivided into three parts:(1) Prevention measures of "deviant community” behaviorIn order to solve the question in the bud, we need to constantly optimize the mode of rural development, and transform it to a new model. We should be aware of the problem left over by history and try to correct the traditional bad custom so that we can effectively achieve primary prevention. We should also make good use of the rural clan culture. It is better to reuse the clan elites to let them to help correct country deviant behavior rather than allowing villagers use of clan culture damage to rural development. We should reshape rural Confucian culture, get the social ethics and the spirit of the law into the rural Confucian culture, restore rural constraint specifications and national authoritative specification, restore public virtue, and improve the villagers’ rights consciousness enhancement obligation. We need to attach great importance to the villagers’ election system, choose the good village cadres, give play to the role of college student, and make full use of their aid supervision. We should also reach the transformation of the concept of economic development and move fast, and solve these problems early and thoroughly, so that we can spread these alarming to those who have the intention of deviant behavior.(2) Treating prescription of “deviant community” behaviorIf the "deviant community” behavior has occurred, in order to repair the broken country, various departments have to work together to conduct a comprehensive, in-depth and lasting improvement action. These places have been entrenched with deep-rooted local power, so it needs relevant government to launch an elaborate scheme.For the unhealthy practices, we need more department division to conduct more continuous cooperation. Relevant departments should regulate the media reports, and try to avoid using "crime village", so as not to bring the villagers unnecessary distress. Additionally, we need to guide the media reports of events subsequently to correct people’s stereotype and make a helpful outer atmosphere for the villagers to be a "new man". We should also guide the village renovation work on the perspective of "advantage" theory, find out the advantages of the villagers and mining resources in the countryside, and reuse the excellent deviant doers to foster strengths and avoid weaknesses in rural development. We also need to strengthen the rule of law and moral propaganda to make the villagers to get rid of deviance culture immersion and rationally select study objects, enduring poverty for lifetime purity.(3) Criminal regulation of “deviant community” behaviorThe basic principle of judicial organ is to follow the principle of equilibrium to set up the image of the criminal law. Each doer’s objective harmfulness and personal risk in the community of "deviant" is not identical, correspondently, their criminal penalties should be differentiated. Judicial authority can use sentencing discretion, accusing the procedure and other ways of penalty discretion space given by the law to severely punish those civil servants involved in crime and key criminals, and slightly punish the auxiliary and repentance personnel to carry out the criminal policy of tempering justice with mercy through strictly distinguishing between crime and non-crime and reasonable allocating their criminal responsibilities. Behind the “deviant community” behavior there’s a special social background, the complex social relations and the strange action logic. If the criminal law is obeyed stiffly, we can’t receive the good effect of punishment. Judicial organs should make full use of soft law featuring flexibility, timeliness and pertinence to guide the treatment and to find the right position so as to realize the unity of the social effect and legal effect.Principle of a legally prescribed punishment, of course, is not subversive, and the main position of hard criminal law cannot be moved, or it will damage the rule of law spirit. If the penal execution ways lack humanistic care under nationalism notion of punishment, authorities can use social work organization for joint education to establish rural inner supervision and correction of agency so as to achieve good education effect. An open, fair, just, human trials, is a most vivid legal education. The judicial organs need to create a variety of convenient channels, and at the same time, pay attention to each detail of the trial process to achieve a good effect of integrate punishment with education.