Author: Kang Shuhua After the reform and opening-up, since China implemented the market economy system, with the further development of building a well-off society in an all-round way, the introduction of advanced science and technology and frequent foreign exchanges, crimes in China have also taken on a new look. Crimes that once disappeared in China, such as prostitution, trafficking in women and children, drug abuse and drug trafficking, surfaced again and quickly. Environmental pollution, computer crime, cyber crime and other new crimes are also emerging one after another, with vicious growth, which has aroused the concern of the whole society. Why does the economy develop, people's living standards and comprehensive national strength improve, while crimes increase? Will the social phenomenon of "economic development, chaotic public security and rampant crime" in western developed countries be staged again in China? What are the reasons for the increase of crime in China? These problems have become the problems that many people often think about today. In order to answer these questions, Comrade Qiang Wei, deputy secretary of Beijing Municipal Committee, put forward the topic of "Research on Crime in the Process of Building a Well-off Society in an All-round Way" in 2002, and the Political and Legal Committee of Beijing Municipal Committee entrusted Beijing Law Society to carry out this scientific research project. Beijing Law Society put me in charge of this project. With the strong support of the Political and Legal Committee of the Municipal Party Committee and the planning and guidance of Comrade wangtong, President of the Municipal Law Society, the Beijing Law Society applied to china law society for project establishment in my name and was approved.
Looking back two years ago, when we were faced with the topic of "research on crime in the process of building a well-off society in an all-round way", we felt a lot. There are four main points: first, I think this topic is novel, epochal and pioneering; Second, through years of criminology teaching and scientific research, I deeply feel that building a well-off society in a peaceful environment will encounter many problems and setbacks, but the most destructive is crime; Third, we deeply feel that a happy life in a well-off society is hard to come by. We should unite as one and work together with Qi Xin to promote the smooth development of the great cause of building a well-off society in an all-round way, which the Chinese nation has always dreamed of; Fourthly, through the research of this topic, if we can find out the law of crime and put forward targeted countermeasures, it will play a role in preventing and reducing crime in the process of controlling crime, so that the hard-won victory can be avoided or not violated by criminals, which means that we are also in the process of building a well-off society in an all-round way. It is under the control of these thoughts that we deeply feel the glory and significance of this research.
The increase of crime is a global problem today. China, which is in the process of building a well-off society in an all-round way, is also troubled by the seriousness of crime. Development needs stability, it needs to curb the vicious growth of crime, and it needs criminology theory researchers and comrades working in political and legal departments to join hands, conduct in-depth investigation and study, and make scientific answers to the situation, causes, laws and effective countermeasures of crime growth. It is precisely because of this social responsibility that Beijing leaders regard it as a research topic, and Beijing Law Society declares it as a key scientific research project. After two years of data collection and many meetings and discussions, the research group kept writing and revising, and finally met the readers as research results in the form of this paper.
This paper is divided into five chapters in style, accounting for 19. The first chapter is the basic concept theory, which is divided into three chapters. This paper mainly discusses what a well-off society is, the proposal and basic connotation of building a well-off society in an all-round way, and the horizontal comparison between a well-off society and modernization. The second chapter is the theory of foreign-related crimes, which is divided into three chapters. First of all, taking the United States, Germany and South Korea as examples, this paper introduces the situation of economic development and crime increase; Second, taking Japan and Switzerland as examples, it introduces the situation of economic growth and crime stability; Thirdly, it summarizes the criminal law in the process of modernization in western developed countries. The third chapter is the theory of domestic crime, which is divided into five chapters. This paper summarizes the criminal situation, characteristics and countermeasures under the planned economy system, the criminal situation, characteristics and countermeasures under the market economy system, and the criminal law in the process of modernization in China. The fourth chapter is the comparative theory of crime, which is divided into three chapters. Firstly, the evolution of criminal subject is compared with that of foreign countries. Second, the evolution and comparison of crime types; Finally, the evolution of the causes of crime is compared. The fifth chapter is the theory of crime prevention, which is divided into five chapters. First of all, it introduces the theory and practice of the comprehensive management policy of social security, a countermeasure to control crime in China. Secondly, it discusses the crime prevention strategy in the process of building a well-off society in an all-round way; Thirdly, it discusses the crime prevention and governance strategies in the process of building a well-off society in an all-round way; Fourth, carry out community correction to improve the quality of correction; Fifth, learn from the experience and lessons of crime prevention in the process of modernization abroad.
The pursuit of the book's style design: clear context and rigorous style. The content pursuit of this book: comprehensive, systematic, focused, knowledgeable and innovative.
Specifically, the characteristics of this book are as follows:
The first is the spirit of innovation. The life of learning lies in innovation, and the academic innovation is the essence of learning. Throughout the book, it is a treatise integrating criminology research. That is to say, although this book comprehensively and systematically discusses the criminal phenomena, criminal causes, crime prevention and other issues to be studied by criminology, it does not stay in the framework of previous criminology, nor does it generally discuss the concept, types, history, present situation, causes, characteristics and countermeasures of crime. Instead, it closely combines with reality, finds out the law of crime, boldly innovates and puts forward some new problems, especially according to the actual situation, for example, through a large number of typical case studies. It is concluded that "organized crime in China was brewed, formed and developed with 1983, 1996 and 200 1 three times of strike hard struggle. We should learn from the past experience and lessons and resolutely avoid the negative impact of "strike hard" because of misunderstanding. While adhering to the principle of "strike hard", we should adhere to the struggle strategy of "combining strike with prevention, giving priority to prevention" and truly strike hard, strictly control, strictly control and strictly guard against "comprehensive management and comprehensive prevention" ……"
When demonstrating "the latest development of organized crime in China", it is clearly pointed out that there are triads in China. Judging from the cases cracked by the special struggle of "eliminating evils" at the end of 2000, the latest trend of organized crime in China and some organized crimes have fully met the basic characteristics of underworld organizations. It is no longer in line with the current reality to identify such crimes as "organized crimes of underworld nature". At the same time, through the analysis of a large number of cases, it is emphatically pointed out: "The typical organized crime in China-underworld crime has appeared, and it is getting more and more serious and organized. Its equipment tends to be modernized, its intelligence is getting higher and higher, and its means are more cunning. The economic field will face the infiltration of organized crime and become the main activity field of organized crime. ……"
Second, the information is informative. Throughout the book, it not only occupies a large number of existing materials, but also collects many new materials. A book, without a lot of information, is like water without a source, a tree without a root. The problems demonstrated in this book are not vague truths, and are generally supported by concrete examples or materials. For example, the theory of foreign crimes divides crimes into two categories on the basis of mastering a lot of information about the country. For example, the United States, Germany and South Korea belong to countries with economic development and crime growth, while Japan and Switzerland belong to countries with stable economic growth and crime. These are not empty discussions, but conclusions drawn from a large number of crime statistics.
For example, the crime situation, characteristics and laws in China under the two economic systems, as well as the conclusive headlines such as the sharp increase of floating population crimes, the increasingly prominent duty crimes, the high fluctuation of juvenile crimes, the rising proportion of female crimes, and the replacement of violent crimes by property crimes, are all based on a lot of information.
The third is the theoretical depth. Academic research has its inheritance, without which there can be no development. However, inheritance does not mean simple repetition. Therefore, when writing this book, we ask to collect all the relevant achievements of others as much as possible, summarize them on the basis of careful reading, and put forward our own experiences and opinions according to the new problems in real life, so that this book has its own characteristics. We also ask that this book must have theoretical depth in academics. The so-called academic must have theoretical depth, and the "depth" lies in the requirement that this book must not be a copy of the existing criminology, but should have innovations and breakthroughs in form and content; In terms of data, it is necessary to have both past data and the latest realistic arguments for comparative study. However, comparative study is not our purpose. Our purpose is to find out the development and change of the crime situation, the evolution of the crime subject, the evolution of the crime type, and our shortcomings and defects in crime governance through comparative research, so as to improve and innovate. This is our purpose.
The fourth is comprehensive and systematic, highlighting key points. This book not only comprehensively introduces the concept and origin of well-off society, but also introduces the proposal and basic connotation of building a well-off society in an all-round way, and makes a horizontal comparison between well-off society and modernization. However, this is not the focus of this book. The focus of this book is crime research in the process of building a well-off society in an all-round way. Therefore, this book has chapters, chapters and sections on foreign crime theory, domestic crime theory, crime comparison theory and crime prevention theory, and closely combines with reality, highlighting the relationship between market economy and crime, focusing on the basic characteristics and laws of crime under market economy conditions. In the aspect of crime control, it highlights how to improve the social environment and improve people's quality, especially how to carry out community correction and improve the quality of correction, and learn from the experience of crime prevention and control in the process of modernization abroad.
Through the introduction of the above characteristics of this book, it can be clearly seen that this book is both theoretical, practical and operable. Therefore, this book can not only be used as a teaching material for theoretical study, but also be used by higher political and legal colleges, political and legal departments and relevant units to study criminology. It is also a necessary book for leaders at all levels and comrades in practical work departments to guide China to build a well-off society in an all-round way, and it can also be used as a reading material for the broad masses of people to pay attention to crime.
Looking back on the past two years, under the guidance of Comrade Qiang Wei, with the support of the Political and Legal Committee of the Municipal Party Committee and under the direct leadership of the Municipal Law Society, we can't say that we started from scratch, but it is not easy to collect a lot of relevant information at home and abroad. In terms of foreign data collection, we have made use of friends, students, visiting scholars and so on who have been abroad for many years. In terms of domestic data collection, with the strong support and help of the Political and Legal Committee of Beijing Municipal Committee, I consulted the relevant information of public security, procuratorial work, courts and other relevant departments. At the same time, the comrades who participated in the research group took pains, braved the risk of SARS in those years, overcame the heat and cold, and went to the library of China University of Political Science and Law, the library of Peking University Law School, the library of Prosecutor's College, Beijing Library and Xinhua Bookstore to read extensively and collect information. As for the scholars who participated in the research group, there is no need to say much about the hardships and sufferings in their writings, but their professionalism of being meticulous, studying hard, revising repeatedly and striving for perfection is very worthy of vigorous promotion.
In the process of reporting, writing and publishing this topic, we have always received enthusiastic care and full assistance from all sides. We will always be grateful for this. In particular, Comrade Qiang Wei and the leaders of the Political and Legal Committee of the Municipal Party Committee and relevant practical departments attended the meeting many times to listen to our reports and put forward instructions and specific requirements; Comrade wangtong, the president of the Municipal Law Society, was very encouraged by his busy schedule to read research reports and manuscripts and put forward his opinions. The Municipal Law Society not only held many seminars to discuss the outline and writing contents, but also sent Wang Xiuhai, Zhao and other comrades to organize research, collect information and participate in specific work such as printing, which prompted us to finish the project as scheduled and arrive in Fu Zi. I would like to express my sincere thanks to them on the occasion of the publication of this book! Comrade Yang Lifan, deputy editor-in-chief of Peking University Publishing House, devoted a lot of efforts to the editing and publishing of this book. In the process of writing this book, I consulted some related works of my colleagues in criminology and criminal law, and I would like to express my deep gratitude to them!
Due to our limited knowledge, especially a series of problems related to crimes at home and abroad, it is difficult to avoid inappropriate parts in the book. I sincerely hope to get criticism and correction from colleagues and readers in academic circles. The first basic concept theory
The first chapter is the concept of well-off society and the great significance of building a well-off society in an all-round way.
What is a well-off society? The idea of a well-off society came into being.
Section II Development of Modernization and Well-off Society in China
Significance of building a well-off society in an all-round way
The second chapter puts forward the concept and basic connotation of building a well-off society in an all-round way.
The first section puts forward the goal of building a well-off society in an all-round way
Section II Basic Connotation of Building a Well-off Society in an All-round Way
Chapter III Horizontal Comparison between Well-off Society and Modernization
Section 1 Basic meaning of modernization category
Section 2 Basic Theory of Marxist Modernization
Section III Horizontal Comparison between Well-off Society and Modernization
The second article about foreign crimes
Chapter IV Economic Development and Crime Growth
Section 1 Crime in the United States
Section 2 Crime in Germany
Section 3 Crime in South Korea
Chapter V Crimes of Economic Growth and Stability
Section 1 Crime in Japan
Section 2 Crimes in Switzerland
Chapter VI Criminal Law in the Modernization Process of Western Developed Countries
The development of social history proves that various social factors affect the crime situation.
Section 2 The main reasons why crime affects the whole society in the process of modernization
Section III: Economic and social changes have promoted the transformation from a society dominated by violent crimes to a society dominated by property crimes, and promoted the emergence of new crimes; The subject of crime changes accordingly.
The third part is the theory of family crime.
Chapter VII Crime Situation, Characteristics and Countermeasures under the Planned Economy System
The first section basically completes the characteristics and countermeasures of crimes during the socialist transformation period.
The second section begins to comprehensively construct the criminal situation, characteristics and countermeasures in the socialist period.
Section III Criminal Situation, Characteristics and Countermeasures in the Period of "Ten-year Unrest"
Chapter VIII Crime Situation, Characteristics and Countermeasures under the Market Economy System
The first section: the criminal situation, characteristics and countermeasures from the smashing of the counter-revolutionary group of the Gang of Four to the 1983 "strike hard" period.
Section II Crime Situation, Characteristics and Causes in China since the Reform and Opening-up
Chapter IX Criminal Law in the Process of Modernization in China.
Section 1 Crime Peak in the Period of Social Transformation and Major Policy Adjustment
In the second quarter, from the perspective of crime types, economic crimes are increasing day by day, and new types of crimes are constantly emerging.
In the third quarter, from the perspective of criminal subjects, crimes committed by floating population increased sharply, juvenile crimes fluctuated at a high level, duty crimes rose, recidivism rate rose, and crimes committed by the elderly and women showed an upward trend.
In the fourth quarter, from the perspective of crime areas, the gap between southeast, northwest and urban and rural areas is obvious.
Section 5 In the process of industrialization and urbanization, the development and changes of crimes in China are consistent with foreign criminal laws, and at the same time have corresponding characteristics with China.
Chapter X The urban-rural fringe has become a frequent place for floating population and crime.
Section 1 Crimes of Floating Population
Section 2 The urban-rural fringe has become a crime-prone area
In the third quarter, counterfeit and shoddy goods were rampant in the urban-rural fringe.
Chapter XI Weakening of rural social control and the rise of evil forces
Section 1 Evil Forces in Rural Areas and Their Main Features
Section II Infiltration of Rural Evil Forces into the Economic Field
Section 3 Infiltration of Evil Forces in Rural Areas into the Political Field
The fourth quarter, the resurgence of feudal clan forces in rural areas
Section 5 Weakening of Grass-roots Organizations in Rural Society
The fourth chapter is about the comparison of crimes
Chapter XII Evolution of Criminal Subjects and Comparison with Foreign Countries
Section 1 The number of juvenile delinquents has surged.
Section 2 Increase in the proportion of female crimes
Section 3 increasingly prominent duty crimes
Section IV "Organized crime is rampant, underworld is resurgent" —— On the brewing, formation and development of organized crime from three "strike hard" campaigns.
Chapter XIII Comparison of the Evolution of Crime Types
Section 1 The mainstream trend of economic crime replacing violent crime
Section 2 The rise of terrorist crimes
Part three: rampant drug crimes.
Section 4 new crimes
Chapter XIV Comparison of the Evolution of Criminal Causes
Section 1 objective causes of crime
Section 2 Subjective Causes of Crime
The fifth part is about crime prevention and control.
Chapter 15 Countermeasures to Combat Crime in China —— Theory and Practice of Comprehensive Management Policy of Social Security
Section 1 The Formation and Development of the Policy of Comprehensive Management of Social Security
The second part is the basic connotation of the comprehensive management policy of social security and some concrete measures that are seriously lagging behind.
In the third quarter, the policy of comprehensive management of social security should be fully implemented by combining strike with prevention, giving priority to prevention.
The fourth quarter, the new development of comprehensive management policy of social security.
Chapter XVI Crime prevention strategies in the process of building a well-off society in an all-round way
Section 1 Purpose and Policy of Crime Prevention
Section 2 Policies and Principles of Crime Prevention
Section 3 Crime Prevention Planning
Section 4 Crime Prevention Organizations
Chapter XVII Crime Prevention and Control Strategies in the Process of Building a Well-off Society in an All-round Way
Section 1 Strengthen crime research and improve the scientific decision-making.
Section 2 "Severe Punishment" is the law to control crimes at all times and in all countries.
The third section "combining strike with prevention, giving priority to prevention" further enriches and perfects the content of "strike hard"
The fourth section strengthens legislation, conducts market management according to law, and strengthens the function of crime prevention and control.
Section V Strengthening the Government's Management Functions and Grasping Macro-management
Section 6 Strengthening Security Measures
Section 7 Collection of Weapons and Explosives
Section 8 To prevent crimes committed by floating population, a mechanism combining punishment, control and management must be established.
Section 9 Integrate social resources to form a system for preventing recidivism.
Section 10 Strengthen publicity and education, especially the cultivation of legal concept and moral education for floating population and teenagers.
Section 11 pays special attention to the construction of grass-roots organizations, creates safe and civilized communities, and realizes the fundamental improvement of social security and social atmosphere.
Chapter XVIII Community Correction. Improve the quality of correction
Section 1 theoretical basis of community correction
Section 2 Necessity, Rationality and Feasibility of Community Correction
Section III "Beijing Model" of Community Correction
Chapter 19 draws lessons from the experience and lessons of crime prevention and control in the process of modernization abroad.
The first section draws lessons from the experience of foreign crime prevention and control
Section II Reference of Foreign Crime Prevention and Control
The increase of postscript crime is a global problem today. China, which is in the process of building a well-off society in an all-round way, is also troubled by the seriousness of crime. Based on the combination of everyone's theory and practice, this book makes a comprehensive and in-depth study on the crime in the process of building a well-off society in an all-round way in China. This book consists of five chapters: basic concept theory, foreign crime theory, domestic crime theory, crime comparison theory and crime prevention theory, which gives scientific answers to the situation, causes, laws and effective countermeasures of crime growth.