残疾人犯罪的成因及对策研究
发布时间：2019-02-15 17:43
【摘要】： 据统计,全世界共有5亿多的残疾人,而我国目前各类残疾人的总数已经达到了6000多万,约占全国总人口的5%,涉及到全国五分之一的家庭。残疾人由于生理、心理等多方面的原因,在现代社会激烈的竞争中往往会处于弱势的地位,由此人们更多的是给予同情和对其工作、生活的关注。但近年来,残疾人犯罪案件在全国范围内呈高发态势,不仅在发案数量上逐年猛增,而且犯罪类型多样化,更有向暴力化、有组织犯罪化发展的趋势。由此引发的一系列社会问题给正处于转型期的我国社会的稳定和发展造成了巨大的影响,同时也引起了司法实务部门和法律理论界的关注。 本文从残疾人的生理、心理等特点入手,并结合我国的特定社会历史条件和文化背景,通过大量统计数据和案例材料,力图较为深入地分析、探讨我国残疾人犯罪的现状、特点、原因及其防治对策。本文对残疾人犯罪的原因和预防对策着笔较多,对我国刑法中残疾人刑事责任的完善、残疾犯罪人的心理矫治、残疾人刑事司法工作体系的构建等方面,提出了较为独到的见解。本文除导言外,共分四个部分。 导言部分,简单论述防治残疾人人犯罪的重要现实意义。 正文分为四章。第一章残疾人犯罪概述,首先对残疾人犯罪的概念和范围进行了界定,然后对我国和世界各国刑法中残疾人刑事责任的规定进行比较,并针对我国刑法中相关规定的局限性提出完善意见。 第二章残疾人犯罪的现状和特点,运用大量的统计数据和现实案例,较为详细地分析了我国残疾人犯罪的基本现状、类型与特点。 第三章我国残疾人犯罪原因,从社会、教育、个体、被害人等方面入手,深入分析了导致残疾人犯罪特有的原因。 第四章残疾人犯罪的对策,结合残疾人犯罪的原因,着重强调了加强社会保障和扶持、加强犯罪残疾人心理矫治对预防残疾人犯罪的意义,并对残疾人犯罪的刑事打击原则、残疾人刑事司法工作体系的构建等方面进行了深入的探讨。
[Abstract]:According to statistics, there are more than 500 million disabled people in the world, and the total number of disabled persons in China has reached more than 60 million, accounting for about 5% of the total population of the country, involving 1/5 families in the whole country. Because of many reasons, such as physiology, psychology and so on, the disabled are often in a weak position in the fierce competition in modern society, so people pay more attention to their work and life. However, in recent years, the crime cases of the disabled have a high incidence in the whole country, not only in the number of cases increased year by year, but also in the diversification of crime types, more violent, organized crime development trend. A series of social problems have caused great influence on the social stability and development of our country in the transition period, and have also aroused the attention of the judicial practice departments and the legal theorists. Starting with the physiological and psychological characteristics of the disabled, and combining the specific social and historical conditions and cultural background of our country, through a large number of statistical data and case materials, this paper tries to make a more in-depth analysis and probe into the present situation of the crime of the disabled in China. Characteristics, causes and preventive measures. This paper focuses on the causes and preventive measures of the crime of the disabled, the perfection of the criminal liability of the disabled in our criminal law, the psychological correction of the disabled offenders, the construction of the criminal justice system for the disabled, etc. A more original opinion is put forward. In addition to the introduction, this paper is divided into four parts. In the introduction part, it briefly discusses the important practical significance of preventing and controlling crimes committed by persons with disabilities. The text is divided into four chapters. The first chapter is an overview of crimes against persons with disabilities. Firstly, it defines the concept and scope of crimes committed by persons with disabilities, and then compares the criminal liability of persons with disabilities in criminal law between China and other countries around the world. And the limitations of the relevant provisions in the criminal law of our country put forward some suggestions. The second chapter analyzes the basic status, types and characteristics of the crime of the disabled in China by using a large number of statistical data and practical cases. The third chapter analyzes the causes of the crime of the disabled in China from the aspects of society, education, individual, victim and so on. The fourth chapter is the countermeasures of the crime of the disabled, combining the reasons of the crime with the disabled, emphasizing the significance of strengthening the social security and support, strengthening the psychological correction of the crime of the disabled to prevent the crime of the disabled, and the principle of the criminal attack on the crime of the disabled. The construction of the criminal justice system for the disabled is discussed in depth.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917
本文编号：2423575
[Abstract]:According to statistics, there are more than 500 million disabled people in the world, and the total number of disabled persons in China has reached more than 60 million, accounting for about 5% of the total population of the country, involving 1/5 families in the whole country. Because of many reasons, such as physiology, psychology and so on, the disabled are often in a weak position in the fierce competition in modern society, so people pay more attention to their work and life. However, in recent years, the crime cases of the disabled have a high incidence in the whole country, not only in the number of cases increased year by year, but also in the diversification of crime types, more violent, organized crime development trend. A series of social problems have caused great influence on the social stability and development of our country in the transition period, and have also aroused the attention of the judicial practice departments and the legal theorists. Starting with the physiological and psychological characteristics of the disabled, and combining the specific social and historical conditions and cultural background of our country, through a large number of statistical data and case materials, this paper tries to make a more in-depth analysis and probe into the present situation of the crime of the disabled in China. Characteristics, causes and preventive measures. This paper focuses on the causes and preventive measures of the crime of the disabled, the perfection of the criminal liability of the disabled in our criminal law, the psychological correction of the disabled offenders, the construction of the criminal justice system for the disabled, etc. A more original opinion is put forward. In addition to the introduction, this paper is divided into four parts. In the introduction part, it briefly discusses the important practical significance of preventing and controlling crimes committed by persons with disabilities. The text is divided into four chapters. The first chapter is an overview of crimes against persons with disabilities. Firstly, it defines the concept and scope of crimes committed by persons with disabilities, and then compares the criminal liability of persons with disabilities in criminal law between China and other countries around the world. And the limitations of the relevant provisions in the criminal law of our country put forward some suggestions. The second chapter analyzes the basic status, types and characteristics of the crime of the disabled in China by using a large number of statistical data and practical cases. The third chapter analyzes the causes of the crime of the disabled in China from the aspects of society, education, individual, victim and so on. The fourth chapter is the countermeasures of the crime of the disabled, combining the reasons of the crime with the disabled, emphasizing the significance of strengthening the social security and support, strengthening the psychological correction of the crime of the disabled to prevent the crime of the disabled, and the principle of the criminal attack on the crime of the disabled. The construction of the criminal justice system for the disabled is discussed in depth.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917
【引证文献】
相关硕士学位论文 前2条
1 吴红遐;弱势群体暴力犯罪防控研究[D];西南政法大学;2011年
2 陈薇;城市经济弱势群体犯罪现象的观察与思考[D];复旦大学;2009年
，本文编号：2423575
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