犯罪的预防:历史散文

M. Kleymenov, A. Kondrat’ev, Ekaterina Sabol
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引用次数: 2

摘要

介绍。预防犯罪应该是打击犯罪的主要重点,这是一个公理。它的思想基础是由古希腊哲学家苏格拉底、柏拉图和亚里士多德奠定的,他们坚持认为正义是一个合理的“好”国家的基本哲学基础。目的。目的是分析犯罪预防理论在历史背景下的发展及其实际实施。方法。作者使用了一种比较历史的方法,这种方法可以让你确定预防犯罪理论和预防犯罪政策发展的阶段和模式。结果。预防犯罪理论的基础是由古希腊和古罗马思想家形成的,他们的创作以思想清晰和渴望学习国家和法律的本体论基础为特征。乌托邦社会主义者、启蒙运动的经典人物及其追随者对这一理论的发展做出了显著贡献。正是在那时,预防的主要思想才得以形成,即预防犯罪比惩罚犯罪更好,一个好的立法者将努力改善道德而不是惩罚犯罪。最活跃的预防犯罪理论是在苏联发展起来的。实际上,预防犯罪的概念首先体现在古罗马- -十二世纪的法律中,这些法律成为公开的,因此具有预防价值。然而,在一个完整的体现中,犯罪学立法的基础在俄罗斯帝国形成得最为清晰。在这方面,一个独特的规范性法律行为应该被认为是1832年通过的《预防和制止犯罪法》,其中载有一些具有现代预防意义的规定。预防性活动的高潮应该被认为是苏联内部事务机构在1960 -1970年代的经验。强有力的社会政策、各级当局的充分支持、犯罪学研究的合格执行、人民积极参与预防犯罪使这些活动效率很高。关于犯罪,国家和公民已经形成了坚实的立场——我们必须共同打击犯罪,这是我们的共同任务。结论。在现代的“截断再创造”形式中,预防犯罪模仿了这一方向的活动,而不是能够真正成为打击犯罪的主要方向。这至少是由于三种重要情况造成的:1)社会政策作为一般预防犯罪基础的重要性丧失;2)灾难性的人口收入分层差距,这破坏了政府的可信度、其宣言和呼吁;3)改变犯罪的性质、性质和参数,这需要在概念上采取新的预防措施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PREVENTION OF OFFENCES: HISTORICAL ESSAY
Introduction. It is an axiom that crime prevention should be the main focus of the fight against crime. Its ideological basis was laid by the ancient Greek philosophers Socrates, Platon and Aristotle, who persistently asserted the idea of justice as the fundamental philosophical basis of a reasonable – “good” – state. Purpose. The goal is to analyze the development of the doctrine of crime prevention in the historical context and its practical implementation. Methodology. The authors used a comparative historical method, that allows you to identify the stages and patterns in the development of the theory of crime prevention, as well as in the policy of crime prevention. Results. The foundations of the theory of crime prevention were formed by ancient Greek and Roman thinkers, whose creations were characterized by clarity of thought and the desire to learn the ontological foundations of the state and law. A notable contribution to the development of this theory was made by utopian socialists, classics of the Enlightenment and their followers. It was then that the main idea of prevention was formulated, that it is better to prevent crime than to punish, and that a good legislator will try not so much to punish as to improve morals. The most active theory of crime prevention developed in the USSR. In practical terms, the idea of crime prevention was first embodied in Ancient Rome – in the Laws of the XII century, which become public and thus acquire a preventive value. However, in a full-fledged embodiment, the foundations of criminological legislation are most clearly formed in Imperial Russia. A unique normative legal act in this regard should be recognized as the “Code on the prevention and suppression of crimes”, adopted in 1832, which contains a number of provisions that have a modern preventive sound. The apogee of preventive activities should be recognized as the experience of the internal Affairs bodies of the USSR in the 1960s-1970s. High efficiency of such activities was provided by a strong social policy, full support from the authorities at all levels, qualified implementation of criminological research, active participation of the population in crime prevention. In relation to crimes, the state and citizens have formed a solid position – we must fight crime together and this is our common task. Conclusion. In the modern truncated-recreated form, crime prevention imitates activities in this direction rather than being able to actually be the main direction of the fight against crime. This is due to at least three significant circumstances: 1) the loss of the importance of social policy as the basis for General crime prevention; 2) a catastrophic stratified gap in the population's income, which undermines the credibility of the government, its declarations and appeals; 3) changing the nature, properties and parameters of crime, which requires a conceptually new preventive response to it.
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