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Research On The Recrime Of Gang-related Personnel

Posted on:2020-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y C HuangFull Text:PDF
GTID:2416330596981064Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,more than 2,000 criminals are released every year in China,and the recidivism rate is higher than that of non-criminals.In G province,for example,the recidivism rate in the province was as high as 25.9% in 2016,which was higher than that of the whole ex-offenders by 6.1 percentage points.As a kind of social phenomenon,the re-crime of those involved in the crime seriously disturbs the social order and economic operation,weakens the state social control and affects the production and life of the people.The prevention of criminal reoffending by tribesmen plays an important role in stabilizing state power,stabilizing social order and economic healthy development.Based on the unique behavior characteristics,economic characteristics,organizational characteristics and illegal control characteristics,mobsters have increased the difficulty of cracking down on the public security and judicial organs,and the difficulty of preventing the re-crime of mobsters is significantly higher than that of non-mobsters.There are many reasons for the re-crime of the mobsters,including personal and social reasons,and the defects of China’s criminal policy.Therefore,in order to prevent criminals involved in crime again,it is necessary to grasp the characteristics of crime again,deeply study the cause of crime again,grasp the nature of crime again,and then the corresponding prevention measures can be targeted.This article is based on the present situation,the characteristics of police officers and crime,trend analysis,combined with criminal jurisprudence,criminology and criminal theory and judicial practice to such disciplines as policy against police personnel actual crime repeatedly,grasps the police personnel to the cause of the crime,study countermeasures,to reduce the police personnel to the purpose of the crime.This paper is divided into four parts:In the introduction,the theoretical significance and application value of the research on this subject are put forward through a brief analysis of the relevant background of the re-crime of black-related personnel.Review the research status of this topic;The research methods,difficulties and possible innovations of this paper.The first chapter,in order to achieve the purpose of this research,defines the concept of gang-related personnel and re-crime;Secondly,combined with the actual research materials in G province,the status quo of the re-crime of gang-related personnel is analyzed,including the type of re-crime,the age structure of re-crime,the cycle of re-crime,and the tendency to seek "umbrella" for re-crime.Thirdly,the proportion of the re-crimes of gang-related personnel and the proportion of re-crimes of those released from prison from 2008 to 2016 in this province are counted.Through the macro comparison,it is believed that the prevention of re-crimes of gang-related personnel is more special and urgent.Finally,combined with the practice and related discipline theory,this paper analyzes the serious harmfulness of the re-crime of gang-related personnel,and the prevention of the re-crime of gang-related personnel is an urgent problem to be solved.The second chapter,fist analyzes the basic theory of the cause of crime.The theory of the cause of crime is basically analyzed along the two paths of the theory of free will and determinism.The author analyzes several branches of the theory of the cause of free will crime and determinism--individual physiological and psychological determinism,social environmental determinism,comprehensive agent theory and the dualism of social factors and individual factors.After comparing and analyzing the advantages and disadvantages of various theories on the causes of crimes,the dualism of social factors and personal factors was finally selected as the theoretical guidance for the analysis of the causes of gang-related personnel’s re-crimes.second,under the theoretical guidance of dualism of social factors and individual factors,analyzes the reasons for the re-crime of gang-related personnel.It is believed that the social factors that influence the recidivism of gang-related personnel include relevant political factors,economic factors,micro-environmental factors,legal system factors and judicial reaction factors.The personal factors that influence the recidivism of gang-related personnel include criminal personality and criminal susceptibility.Chapter three,fist analyzes the basic theory of crime prevention.Object according to the contents and prevention of crime prevention,crime prevention is divided into general crime prevention and special prevention,in this chapter,the author analyzes the general crime prevention and the special crime prevention system,analyzes the differences of generalized crime prevention and special prevention and the advantages and disadvantages,finally chose the general crime prevention as police personnel to guide the theory of crime prevention system.Second,under the guidance of the theoretical system of crime prevention in a broad sense,studies the prevention and control measures of the re-crime of gang-related personnel,and puts forward some Suggestions on preventing the re-crime of gang-related personnel from the perspectives of social prevention,penalty prevention,crime prediction and comprehensive governance of public security.It is believed that in the aspect of social prevention,we should focus on cracking down on the "umbrella" of repeated crimes of gang-related personnel,and strengthen the governance of such profiteering industries as mining,transportation,construction,demolition and construction,bathing,pornography,gambling and drug abuse.To standardize the detention and scientific classification of people involved in crime;We must prevent judicial corruption.On penalty prevention,the criminal personality of gang-related personnel should be corrected.In the prediction of crime,we should establish the prediction mechanism related to the re-crime of gang-related personnel.In the comprehensive governance of public security,a dynamic monitoring system should be established for gang-related personnel released after serving their sentences from the perspective of comprehensive governance of public security.
Keywords/Search Tags:Persons involved in crime, Again the crime, The reason, The prevention and treatment of
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