On The Prevention Of Hate Crimes In The United States And Its Enlightenment To China

Hate crimes in the United States refer to crimes created by prejudice against race,religion,gender,sexual orientation and so on.Prejudice is something that exists with human civilization,so such crimes have a long history.Although the term "hate crime" was first formed in the United States in the 1970s,it is now one of the most closely ardent crimes in the world.At least 20 people were killed and 26 injured in a mass shooting in El Paso,Texas,on August 3,2019.The perpetrator was racially biased against Mexicans,resulting in this hate crime.As a country of immigrants,the United States advocates religious freedom and is a pluralistic society.As a country of immigrants,the United States advocates religious freedom and is a pluralistic society There are inevitably differences among different social groups in various aspects.Due to different cultural influences and diverse and even conflicting values,discrimination and prejudice inevitably occur.According to statistics,racial boycotts against Blacks,Jews,Asians and other ethnic minorities are prominent,while crimes such as excluding homosexuals and committing atrocities against people of different religions are emerging one after anotherThe study of hate crimes in the United States is the most perfect legislation and related policies on hate crimes,which is of referential significance.The first federal hate crime legislation did not appear until 1968,when congress passed the Civil Rights Act to protect workers and individuals'civil rights against racial violence.In 1990,the United States enacted a federal Hate Crimes Statistics Act that required the Department of Justice to count crime data based on racial,religious,and sexual orientation bias.Crimes include murder,non-manslaughter,rape,aggravated assault,simple assault,intimidation,arson,damage or vandalism.With the frequent occurrence of crimes caused by prejudice due to religion,race and sexual orientation in countries around the world,a number of countries,including the United States,Britain,Germany and Canada,started to legislate against hate crimes.On October 28,2009,President Obama signed the Hate Crimes Prevention Act of 2009,thus a federal law expands the definition of hate crimes.The Sentencing Guidelines for United States Courts provides a basis for increased sentencing for victims.At the time of the 2000,41 states in the United States had hate crime legislation prohibiting racial,religious and ethnic bias.24 states had legislation that included sexual orientation.22 states covered physical or mental disabilities and 20 states covered gender.4 states prohibited age bias,and 4 states excluded political bias.On July 1,2019,Indiana in the United States also took effect a new law on crimes motivated by prejudice Forty-six states and the district of Columbia now have hate-crime laws that impose harsher penalties,leaving four states-Arkansas,Georgia,south Carolina and Wyoming--without hate-crime laws.The United States have introduced a series of laws on anti-hate legislation to increase penalties,which are worth learning from,but also need to learn from the actual situation of our country.At present our country have special charges including incitement to national hatred,national discrimination,violation of minority customs and customs,illegal deprivation of citizens' freedom of religious belief,propaganda of extremism,and so on.There is no special provision for such crimes as the United States,and the occurrence of related crimes,is still based on the object of the violation of the convictionIn the context of globalization,China will have more immigrants,accommodate more new religions,and spawn a series of gay and lesbian movements and Women's movements,fighting for the rights of its own groups.It does not mean that these crimes will not occur in China.There are extreme distortion of religious thoughts and blind attack on pagans in Xinjiang,Yunnan and other province.Due to the differences of race,gender and religion between different social groups,it is inevitable that there will be friction between the groups.In serious cases,hate crimes will break out.It is in this embryonic stage that more research needs to be put in,to draw on the experience of other countries in prevention and control,and to carry out corresponding prevention work according to China's national conditions.However,it is undeniable that the social harmfulness of hate crimes is extremely great.China should learn from the experience and lessons of the research on hate crimes in the United States and stand on the shoulders of others to develop rapidlyAt present,our scholars' interpretation of hate crimes stays in Chinese literal meaning.The concept of hate crime is used in the meaning of revenge,however,American hate crimes tend to mean prejudice and discrimination.The research on such crimes caused by prejudice in China is not in-depth enough and has not been paid attention to.This paper will start from the background of hate crimes in the United States to analyze the different definitions of hate crimes,seek accurate definition of the concept,and differentiate with other related concepts.By analyzing the concepts used by relevant legislation,relevant departments and scholars in the United States,the connotation and extension of the concept of hate crime are clarified to solve the problem of its vagueness and difficulty in defining.Then,this paper will analyzes the difference between this kind of crime and other crimes,and define its characteristics to lay a foundation for Chinese research in the future.Secondly,it will analyze the causes of hate crimes in the United States from different perspectives,and compare them with China's current conditions,so as to provide support for China's reference of prevention and treatment model.Only by identifying the source of hate crimes,and then putting forward prevention measures,can we have a truly target Many scholars are only a single study of the causes,while the phenomenon of hate crimes is a pathological social phenomenon under the combined influence of multiple factors,which should be interpreted from the social level and analyzed from the individual level.Thirdly,this paper will introduce the relevant legislation in the United States and its legislative model,analyze the advantages and disadvantages of legislation,and then explore other preventive measures besides criminal legislation.Finally,based on the current criminal phenomenon in China and China's social and cultural environment,this paper puts forward feasible recommendations.