Chapter 28 On the Development Situation and Social Control Principles of Underworld Crimes in China
Contemporary China is in a period of rapid social transformation, and gang crime has become a very serious social problem.According to statistics, the number of Chinese underworld criminals is no less than 1 million. The existence of this huge special crime group has seriously affected the security and stability of Chinese society. It is not only a theoretical problem, but also a very valuable practical subject.
1. Definition of the concept of gangland crime What is gangland crime?This is an unsolved problem in the study of Chinese underworld crimes.In my country's criminal law, although there are crimes of underworld crimes, there is no such definition in the criminal law of what constitutes an underworld crime or an underworld criminal organization, and there is no judicial interpretation in this regard.From the perspective of criminology, there are several explanations for the definition of underworld crimes in our country at present: 1.It is believed that the underworld is a kind of groups and gangs with criminal nature organized spontaneously in criminal activities for the purpose of countering society.Gangland crimes are crimes committed by these groups and gangs. 2.It is believed that gangland crimes are gangland organized crimes, and gangland organized crimes refer to organized gang crimes and gangland crimes. 3.It is believed that the underworld usually refers to criminal organizations and criminal associations that are manipulated, controlled, or directly commanded and participated by intentional criminals, with strict organization, strict hierarchy, or relatively stable members, specific behavioral norms, and a protection system to evade legal sanctions.Underworld crime is the crime committed by these criminal organizations and criminal associations.
The above explanations point out the common feature of underworld crimes, that is, organized.But these explanations have imperfections: the first view ignores the structural and institutional nature of underworld criminal organizations.The second point of view does not actually explain what is organized crime, what is gangland crime, and the relationship between gangland crime and organized crime.Although the third point of view has noticed the structure and organization of gangland crimes, it has ignored the social nature of gangland organizations and the economic nature of criminal purposes.The author believes that underworld crimes should be defined in this way: underworld organizations are socialized criminal organizations and a subsocial structure.From its noun, underworld organization is a kind of social organization. Different from general organized crime, it has its own strict organizational structure, bureaucratic system, and its own criminal subculture and code of conduct. Relatively independent sources of income (income from the legal economy and the black economy) have their own strict discipline and living security system.Therefore, a typical underworld organization is a fully functional social structure and a subsystem in the social system.But we should also see that the underworld can only survive if it depends on the resources and nutrition of the main society. It is a pathological part of the main society and a sick social structure, so it is a sub-social structure.
2. The basic situation of China's underworld crime The current development situation of China's underworld crime is as follows: (1) Comprehensive development of criminal activities and infiltration everywhere1.Economically, Chinese underworld criminal organizations have begun to set foot in legitimate economic fields.
Although the current mainstream of underworld crimes in China is violent crimes, driven by high profits, some criminal organizations have begun to infiltrate into the legal economic field, using legal facades to expand their underworld business.These organizations often have legal organizational forms and economic entities, and on the surface have legitimate legal income and relatively decent social status.Such as Lai Changxing's smuggling group in Xiamen and Liu Yong's underworld criminal group in Shenyang.These underworld criminal organizations generally do not carry out violent criminal activities obviously, but use the huge profits obtained illegally to carry out legal business activities.Although they frantically carry out illegal economic criminal activities, illegal economic activities are only a necessary means for them to complete their primitive accumulation of capital. Once they have certain funds and opportunities, they will get involved in legal economic activities, such as the oil industry. , real estate, sports and entertainment, and even set foot in the financial field. For example, some securities markets in Lanzhou, Qinhuangdao and other places were once partly controlled by the underworld.In Lanzhou, there are about 20 securities black markets represented by Huaxin.In Shantou, through money laundering, the money houses controlled by the gangsters launder more than 200 billion yuan of black money for the criminal profits of various gangster crimes every year.Although these highly organized underworld criminal organizations are still a minority in China, they have become a very obvious trend in the development of China's underworld crimes.With the acceleration of China's modernization process and the strengthening of Chinese police crackdowns, especially after China's accession to the WTO, traditional smuggling crimes and general violent crimes will pay higher crime costs, while the criminal profits will gradually decrease , the traditional loose gangster organizations that use violence as the main method will face more difficult pressure to survive, and gangland crimes will adopt more concealed and legalized means to infiltrate into the legal economic field to reduce criminal risks and increase criminal profits.After China's accession to the WTO, large-scale business opportunities not only brought great pressure on the traditional underworld, but also provided certain opportunities for underworld organizations to infiltrate into legitimate economic fields.
2.Politically, China's underworld criminal organizations have begun to infiltrate into the field of political power.
From the early 1980s to the mid-1990s, China's underworld crimes generally showed the characteristics of violence and economic crimes, and seldom penetrated into the field of political power. After the mid-1990s, China's underworld crimes began to infiltrate and develop into the field of political power more obviously.This is mainly manifested in the triad organizations wooing and corrupting local political power figures at all levels to weave protective umbrellas for them, looking for and cultivating their own agents in the political institutions, and some even meddling in local personnel arrangements.The underworld smuggling crimes in Xiamen not only mainly involve collusion with local real power factions, but also have begun to step up to the fore and intervene in the political field. Directly or indirectly arrange some people who are willing to serve themselves to some important positions of power.
The Shenyang Liuyong Group in Liaoning not only recruited a group of ordinary social personnel to join the underworld organization, but also recruited Liu Bin, Chief Procurator of the Shenyang Municipal People's Procuratorate, Gao Mingxian, Deputy Director of the Labor Bureau of Heping District, President of the Municipal Intermediate People's Court, and deputy of the CPPCC. Chairman Jiao Meigui and a group of powerful figures gathered around him, setting up a safe umbrella for himself.And Liu Yong himself also has a political aura. He himself is the vice chairman of the Shenyang Zhigong Party Branch and a representative of the Shenyang Municipal People's Congress.In addition to the typical urban underworld criminal groups like Lai Changxing and Liu Yong, in some remote villages and towns, underworld organizations have infiltrated into the field of political power to some extent.Township leaders in some places not only collude with gangland criminal organizations, act as umbrellas and spokespersons for gangland criminal organizations, and some even themselves are the big brothers of gangster organizations.It is under the protection and connivance of these scum that the criminal activities of the underworld criminal organizations in some villages and towns are very rampant, and some criminal organizations even surpass the local party and government organs, becoming the local emperor who dominates one side.According to the "Procuratorial Daily" report, due to the connivance and support of relevant government departments in Biyang County, Henan Province, triad forces have replaced the government to exercise management power to a certain extent, directly intervened in the contracting of "passenger transportation" and coal market management, and squeezed and blackmailed the people. A subsocial structure that occupies a certain field.According to newspaper and magazine reports in recent years, almost all cases involving gangsters have a small number of local officials and police officers as their backstage bosses. This shows that in China, the phenomenon of gangland crimes involving political power has become very serious.
Of course, the infiltration of underworld organizations into the field of political power is mainly to evade attacks and expand their living space. The sub-social structure of the society, its strength and effect of cracking down on gangsters will be consumed and disintegrated by the power of corruption, and the crackdown will be difficult to achieve the intended purpose.
3.In terms of culture, China's underworld criminal organizations have intervened and controlled the cultural and entertainment industry, frantically carrying out sex business activities.
Since the reform and opening up, China's tertiary industry has been greatly developed. However, with the development of various entertainment industries, some pornographic tides have also emerged, such as nightclubs, hair salons, sauna massage parlors and some hotels in some places. , restaurants, and even some roadside shops are engaged in business related to sexual services.Most of these entertainment industries related to pornographic services have a deep relationship with underworld organizations and are controlled by underworld organizations or criminal gangs. For example, some entertainment industries in Liuzhou City, Guangxi are not only controlled by underworld organizations, but also have deep connections with underworld organizations. Political background and backing, the former director and five former deputy directors of the city's Public Security Bureau are all under the umbrella of the underworld.The sex industry and gambling industry not only amassed huge amounts of money for gangster organizations and provided a stage for gangster organizations to operate, but also poisoned the social atmosphere, corrupted Chinese officials, and provided a hotbed for power-money transactions and power-sex transactions.
4.In terms of personnel structure, China's underworld organizations have developed towards a younger age.
In the current criminal activities in China, juvenile crimes have also begun to show an upward trend. What is particularly worrying is that juvenile underworld crimes have already shown signs in some places.
"Especially in some campuses, the infiltration of black forces has become increasingly apparent. Some students organized underground gangs, paid dues on schedule, and some organizations even had emblems. They stole and robbed students' property together, and even imitated the gangsters in the movies. Kidnapping classmates by means of the underworld."
In Guangzhou, Shenzhen, Maoming, Lufeng and other places in Guangdong, violent crimes committed by juvenile gangs in schools have become a very serious social problem. In addition to crimes against students in schools, juvenile gangs in some schools have expanded their criminal activities. For example, the "Cross World Group" in Xichou County, Yunnan Province is an underworld criminal organization composed of more than 100 middle school students. "Under the leadership of Wang Dayue, an underground student armed force was established to carry out criminal activities such as murder, robbery, theft, intentional injury, rape, and gang fights, which brought serious harm to the stability of social order.The development of underworld crimes at a younger age has exacerbated the severity of the social security situation in China.
(2) The form of criminal organization has strong characteristics of traditional Chinese gangs Influenced by famous gang organizations such as the Triad, Gelaohui, Qinghong Gang, Paoge, etc., it has caused great harm to the stability of Chinese society.Due to the influence of gang subculture, since modern times, the organizational forms of Chinese underworld organizations have all had strong gang characteristics, even in today's Chinese underworld criminal organizations.According to the data and statistics that the author has, it can also explain this problem.In recent years, the author has read from "Reference for Reading Newspapers", "Youth Daily", "Shenzhen Legal News", "Workers' Daily", "West China Metropolis Daily", "Heilongjiang Morning News", "Service Herald", "China Mining News" , "Qilu Evening News", "Zhejiang Youth Daily", "China Construction News", "People's Public Security Daily", "Sanxiang Metropolis Daily", "Jiangnan Times", "Digest Weekly", "21st Century Business Herald", "Law and Life", "Society" and other newspapers and magazines, "Contemporary Organized Crime and Countermeasures for Prevention and Control" edited by Kang Shuhua (China Founder Publishing House, 1998), "Monograph on Organized Crime Issues" by Gao Yifei (published by China University of Political Science and Law) Press, 2000), "Research on Organized Crime" by Mo Hongxian (Hubei People's Publishing House, 1998), "Crime and Governance in Contemporary China" edited by Zhao Guoling and others (Peking University Press, 2001), and "Crime and Governance" by Cao Feng Report on China Issues: The Fifth Peak—Crime Issues in Contemporary China (China Today Publishing House, 1997), Countermeasures for Transnational Crimes edited by Zhao Yongbao (Jilin People’s Publishing House, 2000), Countermeasures for Group Crimes edited by Ye Gaofeng Judging from the 349 cases of underworld crimes collected in "Research" (China Procuratorate Press, 2001), 339 cases were organized in the form of gangs, accounting for 97.7%.Although this statistic cannot completely and accurately reflect the gang composition of criminal underworld organizations, it generally reflects the gang characteristics of underworld organizations in China. place of form.It is precisely because of this characteristic of gangs that the crime methods of China's underworld criminal organizations are mainly violent property crimes.Advocating violence, emphasizing loyalty, and irrational and impulsive behavior are the cultural heritage and psychological characteristics of this group.It is precisely because of this characteristic of gangs that determines the traditional nature of Chinese underworld crimes, that is, most of the underworld crimes in modern China use violence as a means to carry out brutal and brutal economic plundering activities, and violence has become their dependent means of grabbing social wealth. The characteristics determine that the criminal methods of the Chinese underworld are particularly cruel, and the social harm of crime is particularly serious.They often form gangs and form loose criminal organizations to carry out crazy anti-social violent activities, such as setting up checkpoints by means of violence, bullying the market, collecting protection fees, and setting up debt collection companies to complete their own primitive accumulation and cause social harm. Great damage.However, we should also see that it is precisely because of the brutality and brutality of Chinese underworld crimes that the duration of their organizations is very short.Because of its obvious means of violence, it has greatly damaged the general moral sentiments of the public and aroused strong social reactions. Its serious crimes will inevitably be severely sanctioned by the main society, and this high-pressure environment determines the Chinese underworld. It is difficult for criminal organizations to survive the primitive accumulation period of capital and complete their own transformation.This also shows that, at least for a long period of time, China's underworld crimes will still largely be characterized as low-level, gang-based, gang-based, and local-based crimes with illegal income as their main source of income. .Although China's underworld criminal organizations have a large number of people, their forces are scattered, like potatoes in a sack, unrelated to each other, and have not formed a national or trans-regional underworld organization.This is a remarkable feature that the crimes of Chinese underworld organizations are different from those of Western underworld organizations.Therefore, for quite a long period of time, violent crimes are still the most notable feature of Chinese underworld crimes.
(3) The structure of criminal organizations has obviously tended to be strict and bureaucratic. Although the Chinese triad organizations in Hong Kong, Macao, Taiwan and overseas are influenced by the traditional Chinese gang culture, their internal organizational structure has a strong gang color, but they are no longer ordinary. It is not a criminal gang in the sense, but a well-organized underworld criminal organization.Although the underworld criminal organizations in mainland China are in the birthplace of Chinese traditional gang culture, their criminal organization is far less rigorous than those in Hong Kong, Macao, Taiwan and overseas Chinese. They are at a low-level primary development stage, and most of them are ordinary Sexually loose criminal gangs.The reason is that although the mainland is the birthplace of Chinese gang culture, which has a solid social and psychological foundation, due to decades of revolutionary education by the Communist Party of China, especially because the Chinese government has long insisted on being strict with reactionary gangs, Crackdown, China's gang culture and gang awareness have been in a state of being contained.Therefore, although after the reform and opening up, due to the revival of Chinese traditional criminal gang culture, especially due to the influence and impact of Hong Kong, Macao, Taiwan and overseas Chinese gang culture, the degree of gangsterization of Chinese underworld criminal organizations has developed to a certain extent, but it is still difficult to form a gang like A very well-organized underworld gang organization like the overseas triads.This determines the extensive and loose state of gang-like criminal organizations in mainland China, and the viability of their criminal organizations is far lower than that of overseas Chinese gang organizations.It is precisely because of this that China's underworld organizations are still in a transitional or transformation period, that is, the vast majority of underworld criminal organizations are still in the stage of loosely structured criminal gangs and criminal gangs.However, we should also see that due to the expansion of the criminal market and the increase in criminal business, it is difficult for loose underworld criminal gangs to organize criminal activities with high risks, high profits, and efficient operations. Some criminal organizations have begun to develop and transform into highly bureaucratic criminal groups, and some have even developed into typical underworld criminal organizations with a well-organized structure, forming criminal companies and criminal enterprises.For example, the underworld criminal group headed by Liu Yong in Shenyang not only has dozens of armed thugs as the backing, the leaders of the Municipal People's Court and the People's Procuratorate and some other officials as the umbrella, but also the Jiayang Group it founded, the business scope covers Commerce, clothing, entertainment, real estate and other industries have 26 subsidiaries, 2,500 employees, and assets of 700 million yuan, forming a criminal underworld organization that uses legal enterprises as its cloak.This case deeply reflects some underworld organizations in contemporary China. Their high degree of organization, strict organizational structure, and wide and deep criminal fields are comparable to typical underworld criminal organizations abroad.However, we should see that China's underworld organizations still have loose criminal gangs as the main structure, and underworld organizations in the true sense are still rare.It is precisely because of this that it provides an extremely favorable opportunity and convenience for the Chinese police to crack down on underworld crimes, making it difficult for most underworld crimes in China to grow. Underworld gangs over 100 years old are extremely rare.Therefore, in the process of cracking down on gangsters, as long as the power departments at all levels are not corrupt, although China's underworld organizations have clearly shown a tendency to develop into a high degree of bureaucracy, it is still difficult for the vast majority of underworld criminal gangs to develop into typical ones. The underworld criminal organization on the Internet.Of course, if the crackdown is ineffective and the control is ineffective, China's underworld crimes will quickly complete their transformation in a short period of time and become a cancer that is difficult to get rid of in Chinese society.
3. Checking and balancing factors of underworld crimes in China (1) The contradiction between economic modernization and the lagging development of rural society China's modernization began with the reform of the rural economic system.In the early stage of reform and opening up, due to the full implementation of the household contract responsibility system, China's rural economy has been greatly developed, and the success of rural reform has provided a strong driving force for the reform of the urban economic system.
However, in the late 1980s and early 1990s, due to the marketization and modernization of the urban economy, the level of economic and social development in rural areas quickly lagged behind that of cities, especially due to the huge surplus of rural labor forces, which stimulated my country's agricultural labor force to migrate to cities. large-scale transfer.
Due to the lack of orderly management of this part of the labor force by the Chinese power department, and because this part of the population has got rid of the original blood and geographical control in the countryside, and the original traditional moral control, they lack security in unfamiliar cities. sense of crisis and a strong sense of existential crisis due to the lack of social security, this part of the population that flows into cities tends to form anti-social criminal organizations or crimes on the basis of hometown and blood because of the same social status and cultural identity. gang.As for the population remaining in the rural areas, due to the emergence of disparity between the rich and the poor, the high frequency of crime opportunities, and the devolution of rural public power, it is often easy to drive some people in the poor group to form local bullies and carry out anti-social activities. criminal activities.To a certain extent, it can be said that the relative backwardness and absolute backwardness of the rural social economy and culture have created a criminal reserve army of the underworld.
(2) The contradiction between the transformation of economic structure and the loss of urban marginal groups Since the reform and opening up, Chinese society has begun to transform from an agricultural, rural, and closed traditional society to an industrial, urban, and open society; Transformation from a planned economic system to a socialist market economic system.Especially after entering the 1990s, the transformation of Chinese society has accelerated rapidly. The structural adjustment of state-owned enterprises and the imperfection of the social security system have made a large number of urban workers who benefited from the reform and opening up bear the cost of social transformation and their lives are difficult. , fell into a situation where there was no normal source of life.Under the influence of the loss effect, these people tend to form underworld criminal organizations chasing wealth and embark on the path of disrupting social order.Therefore, it can be said that some urban unemployed population is a very important factor in urban group crimes.
(3) Contradictions between rapid growth of social wealth and irrational concentration of wealth The process of reform and opening up is a process of rapid growth of social wealth in China, but it is also a process of rapid concentration of social wealth.The concentration of social wealth is conducive to the rapid development of China's non-public economy and the increase of China's total social wealth.But the concentration of social wealth also has great social negative effects, that is, it is easy to cause a very small number of people to get rich and the vast majority of people to be poor.Therefore, in the distribution process of social wealth, there is a problem of balance degree, which is the problem of social fairness and social justice, that is, the problem of formal justice and substantive justice. The specific manifestation of this problem is the concentration and redistribution of wealth. distribution problem.In the distribution structure of social wealth, a reasonable wealth distribution mechanism can promote economic development and social stability, while an unreasonable social wealth distribution mechanism can only cause an imbalance between economic development and social stability, making social development and progress Paying a high cost, therefore, the distribution of social wealth must have a reasonable balance.However, according to statistics, in 1995, the poor who accounted for 10% of the total population of China only had 3% of the total deposits; while the 10% of the highest earners had 40% of the total deposits.Industry veterans predict that the gap is still widening.According to this inference and some other data, the distribution of social wealth in China today is that 80% of the wealth is concentrated in the hands of less than 20% of the population, while 80% of the population owns less than 20% of the wealth. The disparity in the distribution of wealth has strengthened the relative sense of deprivation of some people in the society, and has bred an extremely irrational psychology in people's pursuit of wealth. Social underworld organizations undermine the security and stability of Chinese society.
(4) The contradiction between the softening of social control power and the disordered state of social flow. The market economy is firstly an organized economy, an economy with orderly social organization, rather than an economy that allows disorder.For a market economy to develop healthily, there must be a modern legal system and a strong social control organization.Under the condition of market economy, the state and the society under the control of the state have replaced the control and management of various scattered social legal person organizations on their members. At the same time, it should provide its members with the protection of survival needs and security needs as high as possible.Under the conditions of a market economy, only by strengthening the control and management capabilities of the state and society can we ensure that the normal flow of citizens can be effectively controlled and managed within the scope of the state and society rather than within the scope of individual social legal person organizations. The control and dynamic management mode guarantees the stability and security of the society.However, China's existing social control model is still a static division under the planned economic system, with household registration as its identity, personnel files as its means, region as its center, urban-rural disconnection, and social legal person organizations. model.The modular structure of social control and social management is difficult to curb the development and spread of illegally organized social forces in urban and rural areas, including underworld criminal organizations. This is the reason why China's underworld organizations can rapidly develop and spread in the short term. reason.
(5) The contradiction between economic development and immoralization Economic development should promote the progress of people's moral sense. The Chinese have understood this truth since ancient times. true portrayal.However, in the process of economic development, the original principles of honesty, law-abiding, duty, and making money have been lost in people's minds, while irrational moral values and non-mainstream subcultures have become part of the national and some officials. The moral principles believed in, especially some officials have been in a state of moral anomie.The loss of moral control means the acquiescence and approval of crimes; these officials, under the constraints of irrational moral sense, can use their power to trade money and power with criminal organizations; , You can form a criminal organization without any scruples in order to obtain the maximum criminal profit.To a certain extent, it can be said that the development of immorality to a certain extent has become an important reason for the development of Chinese underworld crimes.
4. How to control and combat China's underworld crimes with the principle of social control? Many experts and scholars have proposed many countermeasures, but few discuss the principles of social control. The author believes that controlling and combating China's underworld crimes should follow five principles: (1) The principle of maximizing the interests and social opportunities of the lower social groups Under market economy conditions, the social structure should not be an ultra-stable pyramid structure under the traditional planned economy conditions, but an upright rugby-shaped structure, that is, at the top The social groups at the top are very small, as are the lower groups at the bottom, but the social groups in the middle are very large.In this social structure, it is very difficult to rise to the top of the society, so the number of people in this class is very small; but at the same time, it is not easy to descend to the bottom of the society, so the number of people at the bottom of the society is also very small.Since the vast majority of people in the social structure are in the middle class of the society, they live a stable life and have opportunities for success and a sense of accomplishment, so it can prevent the vast majority of people in the society from falling into the marginal groups of the society, which is conducive to ensuring the stability of the society. Stable and safe.For those marginalized groups who have fallen into the lower social class, the society provides the protection of life and opportunities, and handles the interests of this group with the principle of maximizing interests and opportunities, so that they have the protection of life and the protection of opportunities. To ensure the chance of success, satisfy their reasonable requirements to the greatest extent, so as to effectively control the emergence and development of social secondary groups, and fundamentally curb the harm of underworld crimes.
(2) The principle of maximizing public safety The principle of maximizing public safety mainly includes two aspects: on the one hand, the crime rate is reduced to the lowest level, the cost that society pays for crime control is reduced to the lowest value, and social security truly reaches a benign state ; On the other hand, the public's sense of security index has been improved, that is, the public's ability to bear crimes has been enhanced.With the acceleration of the process of social modernization, the development trend of diversification and hierarchy appears in the social value system and control system.With the loss of the main body's value system and the softening of social control methods, the crime rate must have a process of rapid development.In order to reduce the cost of crime control, and to concentrate limited social control resources to deal with social crimes that cause great harm to social order, social control agencies must embody the principle of maximizing public security in the process of crime control.This will reduce the social crime rate to the lowest value.There are two main ways to reduce the crime rate to the lowest value: one is to decriminalize a large number of social crimes belonging to the moral level through legislation, and to reduce the crime rate at the first level; the other is to concentrate and control resources to crack down on Major criminal crimes, in order to substantially reduce the crime rate, thereby further reducing the public's fear of crime, so that the public's sense of security can be effectively improved.From its content, public safety includes the personal safety of the public itself, property safety and the safety of obtaining opportunities for social success; from the perspective of the tolerance of the public, it includes absolute safety and relative safety.Absolute security means that the crime rate is really low, and the crime rate has been suppressed to the lowest value in its social environment.Relative security means that although with the development of society, the crime rate has greatly increased, especially compared with the traditional society, it has reached a new peak, but compared with other countries of the same type, the society can accommodate Compared with the crime capacity of the country, it is still at a low value, the society is still in a relatively stable state, and the public has not reached the level of intolerance to it. This situation is relatively safe.The country's social control agencies can only greatly protect the public's personal safety, property safety, and chances of success while combating crimes, and at the same time effectively improve the public's ability to withstand crimes, which will help control crimes including underworld crimes The spread and development of various criminal offenses.
(3) The principle of maximizing moral control and job integrity .A small number of officials and some of the public are in a selfish desire to chase wealth, and are in a state of social anomie.Therefore, in the contemporary process of controlling underworld crimes, it is necessary to control the behavior norms of the public and officials morally and legally, so that they do not want to commit crimes and do not want to commit crimes, so as to maintain the maximum integrity of their posts, which is conducive to getting rid of the collusion between officials and bandits, and the police. A corrupt trap of bandit collusion.In contemporary social control, the role of moral control is self-evident, which is a simple truth.Any crime is a manifestation of the criminal's evil desire breaking through the criminal's will control.From the perspective of criminal psychology, any criminal behavior is the wrong socialization of the perpetrator, which deviates from the society's expectations of a rational person and forms a criminal psychological structure. This criminal psychological structure is externalized under certain circumstances. as a result of criminal conduct.Although the severity of the penalty will create psychological coercion in people's hearts, this coercion is the result of internalization of external forces into inner fear. It can only control people's fear of doing things, but cannot control people's desire to commit crimes. This kind of control is negative and passive, and the control over the society is also the minimum. It can only restrain the externalization of people's criminal desires, but cannot restrain the generation of criminal desires in people's hearts. Therefore, the efficiency of this kind of control is extremely high. limited.Moral control is the deep control of people's psychology, it is a kind of inner ethical control, it is a kind of social control method that makes people unwilling to do things and hate doing things, and becomes a kind of noble person.Therefore, in accordance with the important idea of "ruling the country with morality" proposed by the Party Central Committee, controlling society through morality and keeping the social order in a benign operating state is unmatched by any other means of social control.In countries with a low crime rate, the values of the main society are always deeply rooted in all levels of social life, and are in harmony with the inner values of the vast majority of citizens in the society, and are internalized into behavioral norms that people consciously abide by. , so people have a particularly strong sense of honor, humiliation, and pain, and the crime rate will naturally be low.Since the reform and opening up, we have focused on the construction of the legal system, but we should also focus on the implementation of the rule of law, and we should pay more attention to the construction of morality.In today's fight against gangsters and evil, while establishing a sound rule of law control network, moral control is also an irreplaceable means of social control. In a sense, it can be said that the rule of law without the connotation of rule of virtue is inefficient. , the rule of law without vitality, it will inevitably fail eventually.
(4) The principle of maximizing control and timeliness As early as 1764, Beccaria clearly pointed out in his book "On Crime and Punishment": "The more rapid and timely the penalty for punishing a crime, the more just and beneficial."
"Because: the shorter the time interval between crime and punishment, the more prominent and continuous the connection between the two concepts of crime and punishment in people's minds, and therefore, the more naturally people regard crime as the cause, See punishment as an indispensable corollary."
根据刑法及时性原则，犯罪与刑罚之间的时间间隔得越短，就越有利于打击和抗制犯罪，就越能发挥出刑罚的效率，就越强化人们心中的强制感，使刑罚的威慑作用得到充分的发挥。因此对黑社会的犯罪必须及时打击，必须把黑社会犯罪遏制在萌芽状态，才能在一定程度上延缓黑社会组织犯罪像滚雪球一样的发展。而要做到这一点，就必须充分发挥警察的控制作用，提高警察的防控能力，加强对警察和官员群体的制约，防止权力的腐败化，提高警察和其他权力部门的工作效率。只有这样才能做到及时有效地打击和控制中国的黑社会犯罪，把中国的黑社会犯罪控制在社会转型的阶段。
（五）警察利益最大化原则警察作为一个有生命的个体也有正当的利益要求。这个要求的满足程度如何，直接影响到警察的工作效率和职务的廉洁。因此，在现有的社会条件下，如何满足警察群体的生存需要和安全需要，如何最大限度地保护警察群体的社会利益，是有力打击黑社会犯罪的一个至关重要的问题。虽然现代中国的社会犯罪，包括黑社会犯罪的产生和发展，主要是由于社会利益的分配不平衡和政权控制软化的结果；虽然中国警察中的极少数腐败分子已经实施了与黑社会犯罪组织的权钱交易的犯罪活动，但是在有效地控制警察滥用权力的时候，如何发挥警察在抗制犯罪包括黑社会犯罪的不可替代的主导作用，仍然是一个值得思考的问题。笔者认为，要有效地控制警察的腐败，发挥警察在抗制犯罪中的不可替代的作用，警察利益的最大化是一个不能不考虑的原则。何谓警察利益的最大化？所谓警察利益的最大化，就是在现有的社会经济文化条件下，充分满足警察作为一个特殊的社会群体的各种合理合法的利益要求，简单地说，警察利益最大化应该包括警察自身经济利益的最大化、警察自身安全利益的最大化、警察控制能力的最大化（警察控制的国土面积比值的合理化、警察装备的最优化、警察自身素质的最高化）以及警察犯罪成本的最大化。只有在这一原则的制约下，才能使警察不敢腐败、不能腐败、不愿腐败，从法律和行政制度上加大警察犯罪的成本，提高警察抗制犯罪的能力和效率。
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