【作者】 林斌；

【导师】 杜雄柏；

【作者基本信息】 湘潭大学 ， 刑法学， 2005， 硕士

【摘要】 进城农民谋财型犯罪问题日趋严重,因此,系统地研究进城农民谋财型犯罪具有重大的理论和现实意义。笔者通过问卷调查和个案调查方式,在湖南省岳阳监狱和女子监狱这两所监狱里作了一个相关的犯罪实证调查,挖掘了犯罪的有关特点,为进一步研究作好了铺垫。同时,基于犯罪实证调查资料,著者对于此类犯罪作了动态的预测。犯罪原因既包括客观或外在的因素,又包含主观或内在的因素。进城农民谋财型犯罪也不例外,但其主客观或内外因素中又具有其自身的特性。进城农民谋财型犯罪的外在压力是社会壁垒即以户籍制度为核心的身份制度已经严重阻碍了进城农民脱贫致富的内在欲求。当进城农民强烈的脱贫致富欲求与以户籍制度为核心的社会壁垒之间的产生了失调或不平衡状态后,社会冲突激化为犯罪行为就会无法避免。在具备了犯罪的客观原因和主观原因的情况下并不一定就会犯罪,犯罪行为实施与否常常受到某种犯罪场的调控。社会控制机制的弱化、犯罪的时间因素和空间因素与犯罪的主客观原因共同制约着犯罪的发生。被城市排斥而陷入边缘化的进城农民会从内心深处产生强烈的不满和抵触情绪,同时,离开农村后,熟人社会道德观念的自我约束机能和相互监督机制已不复存在,而城市社会中仅仅依靠政府单方面的管理远远无法弥补对进城农民监督管理和控制约束机制的漏洞,社会控制机制已无可避免地被削弱。当犯罪机会出现,长期压抑着的强烈不满和反抗情绪冲破了进城农民内心的道德防线,社会监督机制的缺失又使他们中相当部分人心存侥幸,于是铤而走险,采用犯罪手段追逐不义之财成为他们中部分人的不二选择。更多还原

【Abstract】 The property crime made by the entering-cities-farmers from the countries has being become more and more serious. Therefore, it has great theoretical and realistic meanings to analyze these crimes systematically. The author took a positive investigation of the relevant crime in Yueyang Prison and Women Prison in the way of questionnaire and case investigation. The author concluded the common character of the criminal subject and criminal act of this type of crime and made a foundation of the further research. At the same time, on the basis of the criminal positive investigation material and the relevant data, the author made a dynamic analysis of the developing trend of the property crime made by the entering-cities-farmers. Criminal reason includes not only the objective or extrinsic factor, but also subjective or intrinsic factor, so does the reason of the property crime made by the entering-cities-farmers. However, the objective and subjective reason of this crime has its own characteristics. The extrinsic pressure of the property crime made by the entering-cities-farmers is the social closure. It regards identity system as the core of domiciliary system. The inward conation of the property crime made by the entering-cities-farmers is the desire to cast off poverty and become rich. The extrinsic pressure of the property crime made by the entering-cities-farmers is the unbalance between the closure made by the identity closure with the core of the domiciliary system and the entering-cities-farmers’intrinsic desire. Therefore, the criminal act of social confliction is inevitable. People are not certainly to conduct crime under the condition of owning the objective and subjective reason of crime because the conduct of criminal act is always tuned by specific criminal site. And the crime is also controlled by the social control mechanism, the criminal time, the criminal opportunity and the objective and subjective criminal reasons. After the farmers enter into cities, they are repelled by the cities and will bring about strong dissatisfied and contradictive emotions. At the same time, the social moral sense of self-control and mutual supervision is not existed. However, the supervision of the entering-cities-farmers only by the government is far beyond enough and cannot make up the loophole of the supervision and control mechanism. The social control mechanism is inevitably weakened. When there is a chance to conduct crime, the dissatisfied and rebelling emotions burst the moral line of defense and the lack of social supervision mechanism make quite a few farmers have fluke psychology and choose to conduct crime to get unjust enrichment. The countermeasures to the property crime made by the entering-cities-farmers are from the macro, medium and micro bed of plane. The first is the countermeasure of macro bed of plane. To eliminate the social closure, that is to say, to reform the domiciliary system is the systematical way to clear out the maximum obstacle and the root of unequal social status for the entering-cities-farmers to cast off poverty and become rich. The second is the countermeasure of medium bed of plane. We should reinforce the social control mechanism, undertake the governmental management and service at the same time,and perfect the education. The last is the countermeasure of micro bed of plane. The law enforcement agency should stroke the property crime made by the entering-cities-farmers and deprive of their criminal ability timely and actually which will be helpful to eliminate the crime.更多还原