预防犯罪主体的执法活动

Irina Vladimirovna Polikarpova, O. V. Zaitseva
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摘要

本文致力于预防犯罪主体执法活动的理论与应用研究。科学知识的主体是犯罪学立法规范和从属的规范性法律行为;由有关主体执行这些规范的做法,以及从理论上理解执法的科学方法、能够提高所审议领域效率的因素和指标。这项工作的目的是对预防性犯罪学活动领域的执法效力进行全面的实证研究,并制定一种优化执法效力的具体机制。本研究的方法论基础包括一般科学的认知方法(逻辑、系统结构、概括、分析、综合)和一些私人的科学方法,即统计、社会学、nomotetic方法,这些方法基于作者计算犯罪状况和在预防犯罪领域执行的执法活动的定性和定量指标的方法。这项工作的新颖之处在于,在进行研究的基础上,获得了关于预防主体执法活动有效性的新的经验数据。所取得的结果使我们能够查明这一活动生产力低的原因,其中不仅应包括预防性立法的某些矛盾和缺点,而且还应包括法律执行技术方面的现有缺陷、对正式执法的歪曲和压制性做法。分析了犯罪学预防主体的主要工作形式和方法,以及各主体和预防犯罪主体之间的相互作用程度,从而有可能找出对这一活动的法律规制的差距和不足,并形成改进的主要方向。所得结果的适用范围是预防犯罪主体的实际活动,所得结论和建议可对进一步完善预防立法规范有所裨益。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Law enforcement activities of subjects of crime prevention
The article is devoted to theoretical and applied research of law enforcement activities of subjects of crime prevention. The subject of scientific knowledge are the norms of criminological legislation and subordinate normative legal acts; the practice of implementing these norms by relevant subjects, as well as scientific approaches to theoretical understanding of law enforcement, factors and indicators that allow improving efficiency in the field under consideration. The aim of the work is a comprehensive empirical study of the effectiveness of law enforcement in the field of preventive criminological activity and the development of a specific mechanism for its optimization. The methodological basis of the study was made up of general scientific methods of cognition (logical, system-structural, generalization, analysis, synthesis) and a number of private scientific methods, namely statistical, sociological, nomotetic, based on the author's methodology for calculating qualitative and quantitative indicators of the state of crime and law enforcement activities implemented in the field of crime prevention. The novelty of the work lies in the fact that on the basis of the conducted research, new empirical data were obtained regarding the effectiveness of law enforcement activities of prevention subjects. The results obtained made it possible to identify the reasons for the low productivity of this activity, which should include not only certain contradictions and shortcomings of preventive legislation, but also existing defects in legal implementation techniques, distortions towards formal law enforcement and repressive practices. The main forms and methods of work of subjects of criminological prevention, the level of interaction between various bodies and subjects of crime prevention are analyzed, which made it possible to identify gaps and shortcomings of legal regulation of this activity and to form the main directions for its improvement. The scope of application of the results obtained is the practical activity of the subjects of crime prevention, as well as the conclusions and suggestions obtained can be useful for further improvement of the norms of preventive legislation.
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