Crime in China,1949-2008
- 期刊名称:《Peking University Journal of Legal Studies》
Crime in China,1949-2008
Zhao Guoling
Professor of Law School of Peking University
【摘要】Data on crime in the People's Republic of China from 1949 to 2008are presented herein. This data provides more extensive documentation onthe nature and scope of crime in China than has previously been available.It also analyzes the trends,patterns,and types of offenders;the causes of crime;and,the efforts of the Chinese government on crime control andprevention.Text:
Ⅰ.INTRODUCTION
Since the founding of the People's Republic of China in 1949,and especially the economic reforms of 1978,this nation has experienced profound social change and sustained economic growth. Indeed,from1949 to now,China's gross domestic product[hereinafter referred to as GDP] has increased annually by an average of 8 .1%.{1}The Chinese economy is now the third largest in the world. {2}Meanwhile,the nation’s crime rate has also undergone drastic change. This paper reports the extent and type of crime experienced in China from 1950,I. e. the first year for which data is available,to 2008 .Although there are statistical gaps within this period,this data provides more extensive documentation on the nature and scope of crime in China than has previously been available. And,it analyzes the trends,patterns,and types of offenders;the causes of crime;and,efforts by the Chinese government on crime control and prevention.
The bulk of the data in this paper is from statistics compiled and published by the Ministry of Public Security of the People's Republic of China and covers all the provinces within mainland China. This data is based on “registered cases”,which are cases registered as criminal cases by Chinese public security organizations at both local and national levels. They are based on crimes known to the authorities,investigated by law enforcement agencies,and reported to the Police Registry. Other data reported below refer to those cases in which the offender is actually brought to trial. As in the United States and other countries,the number of criminal prosecutions is considerably lower that the number of offenses committed.
Ⅱ.CRIME TRENDS SINCE 1949
An overview of the extent of crime in China from 1949 to 2008,is shown in Table 1,which indicates that there have been five separate peaks in the overall rate of crime per 10,000 people since the beginning of 1949,a period of 60 years.
Table 1 Reported Crime Rate per 10,000 People, 19492008(Registered Cases)
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Year Crime Rate Year Crime Rate Year Crime Rate
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1949 No Data 19661976 56 Average 1993 14.0
1950 9.2 1977 No Data 1994 14.2
1951 No Data 1978 5.5 1995 14.3
1952 4.2 1979 6.4 1996 13.5
1953 No Data 1980 7.6 1997 13.4
1954 No Data 1981 8.9 1998 16.4
1955 3.7 1982 7.4 1999 18.4
1956 2.3 1983 6.0 2000 29.0
1957 No Data 1984 5.0 2001 35.0
1958 No Data 1985 5.2 2002 33.0
1959 3.5 1986 5.2 2003 34.0
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Year Crime Rate Year Crime Rate Year Crime Rate
─────────────────────────────────────
1960 3.3 1987 5.4 2004 36.3
1961 6.1 1988 7.7 2005 35.6
1962 No Data 1989 18.2 2006 35.4
1963 No Data 1990 19.9 2007 36.4
1964 3.5 1991 20.8 2008 36.8
1965 3.3 1992 13.8
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Source: Law Yearbook of China(19872009);China Statistical Abstract (2009);Ministry of Public Security; Wang Mu,Criminology, Jilin University Press,(1992).
The first crime peak appeared in the first two years after the founding of the People's Republic. This period occurred at the end of the civil war that had deposed Chiang Kai Shek. The new government was concentrating on revamping social and political institutions,and,many difficulties existed in the economy. Much of the crime committed during this period was counterrevolutionary in nature. However,both because of economic and social reforms and the suppression of counterrevolutionary activity,the crime rate dropped drastically. The crime rate in1952 was 50% lower than in 1950;and,this rate remained low throughout the 1950s,dipping to its lowest in 1956,which was 75%lower than in 1950.
The second crime peak appeared from 1960 to 1962:A difficult three year period for China. The crime rate in 1961 was 6. 1 crime committed per 10,000 people. This period of increased crime was short-lived and limited. Crimes endangering national security declined,but property and juvenile crimes increased annually,perhaps due to the downturn in the nation's economy. However,the rate fell again in1965.This upturn may be due to the improved economic situation of the nation,after three years of difficulty,and this resulted in a relatively stable social order.
The third crime peak appeared during the Cultural Revolution from1966 to 1976. According to the criterion of crime applied during the Cultural Revolution,the average crime rate in that 10year period was 5to 6 crimes committed per 10,000 people. However,the actual crime rate was more serious than the aforementioned statistics indicate,and was the highest it had been since the founding of the People's Republic of China. This discrepancy is due to the differing criterion of crime between pre and post Cultural Revolution. Such that had pre Cultural Revolution criterion of crime been applied,the actual crime rate would have been closer to 1015 per 10 , 000 people,double or triple the rate in the period before the Cultural Revolution. Much of the crime during this period was committed in the name of the Revolution. This was a special period in the history of China,and ended with a legacy of increased crime.
The fourth crime peak appeared at the beginning of the 1980s,soon after the conclusion of the Cultural evolution. By 1981,the number of registered cases had risen to more than 890,000. However,the crime rate dropped after the crackdown in 1983(see below)and with the institutionalization of comprehensive economic management. But this decrease was short-lived,and the crime rate rose again at the end of the1980s,and the fifth crime peak appeared. Since that time the rate has continued to be higher than in previous years and reached up to 36crimes per 10 , 000 people in 2008 .Despite having dropped three to four times during this period,there has been a marked increase in crime.
Ⅲ.GENERAL CHARACTERISTICS OF CRIME:19802008
The preceding discussion provided a statistical outline of crime trends in the People Republic of China for a period of sixty years. We turn now to a detailed analysis of the data on crime in China from 1980to 2008,a period during which definitions of crime,with certain exceptions noted below,and data collection procedures have remained more or less constant.
As was noted above,although the number of criminal cases fluctuated during this twenty-nine year period,the overall trend has been an increasing crime rate. By 2008,the rate was almost five times as high as it was in 1980. Table 2 shows the number of registered cases for each year from 1980 through 2008,along with the annual percentage change in the rate.
Table 2 Number of Crimes, 19802008 and Percent Annual Change
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Number of Percent Annual Number of Percent Annual
Year crimes Reported Change Year Crimes Reported Change
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1980 757,104 +19.1 1995 1,690,407 +1.8
1981 890,281 +17.6 1996 1,600,716 5.4
1982 748,476 15.9 1997 1,613,629 +0.8
1983 610,478 18.4 1998 1,986,068 +23.1
1984 514,369 15.7 1999 2,249,319 +13.3
1985 542,005 +5.4 2000 3,637,307 +61.7
1986 547,115 +0.9 2001 4,457,579 +22.6
1987 570,439 +4.3 2002 4,336,712 2.7
1988 827,594 +45.0 2003 4,393,893 +1.3
1989 1,971,901 +138.3 2004 4,718,122 +7.4
1990 2,216,997 +12.4 2005 4,648,401 1.5
1991 2,365,709 +6.7 2006 4,653,265 +0.1
1992 1,582,659 33.1 2007 4,807,517 +3.3
1993 1,616,879 +2.2 2008 4,884,960 +1.6
1994 1,660,743 +2.7 Average 2,313,815 +6.89
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Source: Law Yearbook of China(19872009);Ministry of Public Security.
The average annual number of registered cases was more than2, 000,000 during the 29 years covered in the table. The lowest number of cases occurred in 1984 and the highest number in 2008.The annual crime rates show an overall increasing trend,with an average annual increase rate of 6. 9%.The rate rose in 22 of these 29 years and fell in only seven. However,even in those 7 years,it may be argued that the crime rate actually continued to increase and that the apparent decrease was superficial,as it was the result of changes in definitions of crime and criminal justice policies.
The crime rate of China,like that of most nations,is heavily influenced by crimes against property,such as,theft. Indeed,theft cases account for 60%80% of all crime cases in the People's Republic(see Table 4 below).However,if standards defining theft cases are revised,the number of criminal cases and the overall crime rate will correspondingly change. There were two revisions in the criteria defining theft during the period since 1980,one in 1984 and the other in 1992(see Table3 below).
Table 3 Theft Cases criterion by Urban vs. Rural Residence
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Year Rural Urban
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Before 1984 25 40
1984 40 80
1992 300500 600
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Source:Ministry of Public Security.
The number of officially reported crimes fell following each of these revisions. For example,the criteria(the minimal requisite)defining theft cases was raised from CNY*15(about USD** 2. 20)to CNY40(about USD 5 .90)in rural areas and from CNY 25(about USD3.70)to CNY 80(about USD 11.80)in urban areas in 1984. It was increased again from CNY 40 to CNY 300500(about USD 44. 10USD73 .50)in rural areas and 80 to 600 CNY(about USD 88.20)in urban areas in 1992.Following these revisions,theft cases in 1984 declined30.9% from 1983,leading to a corresponding decrease of 15.7 percent in the total number of registered crimes. Similarly,in 1992,the theft rate fell 40.6% from 1991,resulting in a drop of 33.1%in the overall crime rate(see Tables 2 and 4).
Table 4 Types of Criminal Cases, 19802008
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Year Registered Cases Homicide Injury Theft Robbery Fraud
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1980 757,104 8,318 No data 643,000 14,000 15,000
1981 890,281 9,576 21,499 743,105 22,266 18,665
1982 748,476 9,324 20,298 609,481 16,518 17,707
1983 610,478 No data No data No data No data No data
1984 514,369 9,021 14,526 395,319 7,273 13,479
1985 542,005 10,440 15,586 431,323 8,801 13,157
1986 547,115 11,510 18,364 425,845 12,124 14,663
1987 570,439 13,154 21,727 435,235 18,775 14,693
1988 827,594 15,959 26,639 658,683 36,318 18,857
1989 1,971,901 19,590 35,931 1,673,222 72,881 42,581
1990 2,216,997 21,214 45,200 1,860,793 82,361 54,719
1991 2,365,709 23,199 57,498 1,922,506 105,132 60,174
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CNY:Chinese Yuan.
USD:United States Dollar.
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Registered
Year Cases Homicide Injury the Robbery Fraud
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1992 1,582,659 24,132 59,901 1,142,556 125,092 46,991
1993 1,616,879 25,380 64,595 1,122,105 152,102 50,644
1994 1,660,743 26,553 67,864 1,133,682 159,253 57,706
1995 1,690,407 27,356 72,259 1,132,789 164,478 64,047
1996 1,600,716 25,411 68,992 1,043,982 151,147 69,688
1997 1,613,629 26,070 69,071 1,058,110 141,514 78,284
1998 1,986,068 27,670 80,862 1,296,988 175,116 83,080
1999 2,249,319 27,426 92,772 1,447,390 198,607 93,192
2000 3,637,307 28,429 120,778 2,373,696 309,818 152,614
2001 4,457,579 27,501 138,100 2,924,512 352,216 190,854
2002 4,336,712 26,276 141,825 2,861,727 354,926 191,188
2003 4,393,893 24,393 145,485 2,940,598 340,077 193,665
2004 4,718,122 24,711 148,623 3,212,822 341,908 205,844
2005 4,648,401 20,770 155,056 3,158,763 332,196 203,083
2006 4,653,265 17,936 160,964 3,143,863 309,872 213,648
2007 4,807,517 16,119 167,207 3,268,670 292,549 239,698
2008 4,884,960 14,811 160,429 3,399,600 276,372 273,703
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Source: Law Yearbook of China(19872009);Ministry of Public Security.
In addition to the revisions in the criteria defining theft,crime rates were effected by changes in law enforcement and criminal justice policies. In 1983,1996,and again at the end of 2000,Chinese officials,faced with increasing crime rates instituted a campaign style anticrime strategy. This crackdown,which went under the name of “severestrike”or“hard attack,”was designed to lower the crime rate by a get-tough policy involving an increase in both the speed and the severity of punishment. The three severe strike campaigns achieved rapid results,but their short-term deterrent effects were not sustained over time. Most of the short-term drops in the Chinese crime rate,as shown in Table 2,reflect the redefining of cases involving theft,but the severe strike policy was implicated in both the 18 .4 percent drop in the crime rate in1983,the 5.4 percent decrease in 1996 and the 2.7 percent fall in 2002.The 15 .7 percent decrease in 1984 was partly due to the revised definitions of theft, but also reflects the impact of the crackdown on crime which was initiated the year before;whereas,the 33.1 percent decrease in 1992 was largely the result of revisions in the standards for defining theft.
One of the most striking aspects of Tables 1 and 2 is the extremely rapid rise in the crime rate that began in 1998.The number of registered cases in 1998 increased by 23%from 1997,after which the number of crimes drastically increased. The number of cases in 2000 was 61.7%higher than in 1999. These significant increases in the reported crime rate are not an indication of massive changes in Chinese social structure or economic conditions. Rather,they are partially due to methodological factors,and especially to changes in the reporting and collecting of crime records and to a program launched nationally in 1998 to correct inaccuracies in the official crime registry. Prior to 1998,it is estimated that about one third of the crimes which were actually investigated by local law enforcement agencies were not reported by these agencies to the National Police Registry,perhaps in part because local officials did not wish to bring national attention to the high crime rates in their jurisdictions.
Nonetheless,it is likely that part of the upward trend in crime rates during the 19802008 period was due to an increase in the number of crimes actually committed. Ever since Durkheim,{3}rising crime rates have been considered an inescapable byproduct of industrialization,modernization,and social transition. China's history of crime is no exception.
Ⅳ.TYPES OF CRIME
A. Property Crime
As is true in other countries,property crimes accounted for the majority of all criminal cases. Theft,robbery,violent seizure,and fraud in particular,largely contributed to the overall rate of crime. Table 4shows that property crimes accounted for 80 to 90 percent of all crimes,and that theft,alone,accounted for 60 to 80 percent of all reported crimes. The increase in property cases largely accounted for the rising crime trend in the 29year period of 19802008.Table 4 reinforces the interpretation given earlier,when discussing the figures in Table 2,that illustrated the revisions of theft standards in 1984 and 1992. Theft cases in 1984 declined 30. 9% from 1983,leading to a corresponding decrease of 15 .7% in the total number of registered crimes. Similarly,in1992,the theft rate fell 40. 6% from 1991,resulting in a drop of33.1%in the overall crime rate.
Robbery and fraud are also among the most widespread property crimes in present-day China. From 1980 to 2008,the annual average increase in the rate of robbery was about 11 .24%.This was 4. 35%higher than the average increase for all crimes together. Fraud cases increased annually by an average of about 10. 93%(4. 04% faster than the average increase in the total crime rate).
B. Violent Crime
Although property crimes such as theft are far more numerous than violent crimes such as homicide or injury(in Chinese criminal law,injury is defined as “the action of intentionally and illegally damaging another’s body or health;it may be analogized to,but is not identical to,“assault”),and robbery,violent offenses are the most serious crimes in present-day China. Table 4 shows that the average annual increase in the rate of homicide has been 2. 08% from 1980 to 2008.There were 14,811 homicide cases in 2008,78. 06% more than that in1980. The annual increase in the rate of injury is 7. 73%from 1981 to2008. There were 160,429 injury cases in 2008,when their number was646 .22% higher than that in 1981 .As is well known{4},studies based on cross-national data have revealed that modernization and development are associated with increases in property crime and decreases in violent crime. To account for this association,Kick and LA Free have proposed an opportunity explanation to serve as an alternative to the conventional modernization thesis.{5}They maintain that development is negatively related to homicide opportunities because it enhances urbanization,which decreases the strength of interpersonal ties and the opportunity for contacts among intimates and acquaintances,thereby reducing interpersonal violence. At the same time,development increases opportunities for theft by providing a vast supply of readily available commodities in environments generally characterized by ineffective surveillance.{6}The papers and books before 2004 stated that the increasing trends in Chinese crime rates evidently apply to both violent and property offenses{7},and that the crime situation is contrary to the studies above. Nonetheless,the rates for homicide and robbery began to decline every year since2005 .It seems that the crime situation has changed in China and so it may be consistent to the above studies that argued modernization and development are associated with increases in property crime and decreases in violent crime.
C. Rape and Procuring Prostitutes
Table 5 shows the number of registered cases of rape and prostitution from 1986 to 2008,Rape,of course,is a coercive violent act that usually victimizes women;whereas,prostitution per se is not a crime according to the criminal laws of the People's Republic of China(only the acts of organizing,forcing,luring,sheltering or procuring other persons to engage in prostitution are defined as criminal by the Chinese statutes).Nonetheless,prostitution is viewed as a “victimless”crimein the United States and other countries because it is widely assumed that both the prostitute and his/her client have freely entered into a transaction in which neither person feels victimized. While rates of other violent crimes have steadily increased since before 2004,rape cases have shown a different pattern. After falling slightly from 1986 to 1988,rape cases have increased considerably in the ensuing years,reaching a peak in 1991.They then began a period of steady decline which by 2008brought the number of rape cases to its lowest ever point.
Table 5 Registered Cases of Rape&Investigated and Treated Cases of Prostitution, 19862008
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Year Rape Prostitution Year Rape Prostitution
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1986 39,121 12,250 1998 40,967 189,452
1987 37,225 28,407 1999 39,435 215,128
1988 34,120 25,473 2000 35,819 222,132
1989 40,999 54,580 2001 40,600 239,461
1990 47,782 56,830 2002 38,209 221,930
1991 50,331 103,046 2003 40,088 171,604
1992 49,829 122,602 2004 36,175 141,123
1993 47,033 123,806 2005 33,710 142,746
1994 41,188 127,830 2006 32,352 104,474
1995 41,833 185,441 2007 31,883 94,687
1996 42,820 209,652 2008 30,248 86,590
1997 40.699 209.244
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Source: Yang, Huanning,2001,Research on Causes of Crime, Beijing,Law Press,p. 53;Law Yearbook of China(19872009).
On the other hand,prostitution experienced a more than eighteen fold increase from 1986 to 2001 .Although the growth of prostitution stopped then,it was still almost three times the number of rape cases in2008 .The growth of prostitution may be indicative of the free market orientation that began to emerge in Chinese culture during this period.
Ⅴ.THE EVOLUTION OF NEW FORMS OF CRIME
Many kinds of crimes that existed in old China before the creation of the People's Republic,such as smuggling,drug transportation and manufacturing,prostitution,abduction of women and children,and kidnapping,disappeared from the compilations of crime in new China in the years immediately after its founding,but these crimes have crept back into the statistics in the past 20 years. At the same time,many new forms of crime have made their appearance. These include airplane hijackings,computer crime,and other economic crimes. There have been two major revisions to the criminal laws of China since the founding of the PRC,one in 1979 and the other in 1997.The 1997 revision includes more than 300 crimes not included in the 1979 version .Reflecting change and the increasing number of new forms of crime resulting from technological change and growth of the Chinese economy.
Although it is generally understood that there are no underworld criminal organizations such as the Mafia or Cos a Nostra in China,there are some criminal groups that have some characteristics of organized crime as it is defined in the United States and other countries. Indeed,Article 294 of the 1997 Criminal Law of China establishes a new crime “organizations in the nature of a criminal syndicate “This statute is aimed at those criminal groups having a predatory nature and other major characteristics of an underworld society. In China, however, these groups are lacking in scale and the degree of organizational complexity when compared with western criminal organizations. These groups stand midway between loosely structured criminal gangs and tightly knit organized crime families that are characteristic of those in the west. In the relevant provisions of the Criminal Law of the PRC,the concept of “organizations in the nature of a criminal syndicate” refers to those criminal groups that commit organized crimes by using force,menace or other illegal means,while imposing bad effects on local people's lives and causing serious damages to the economy and public order. Unfortunately,these criminal organizations have recently become one of the most serious problems that law enforcement has faced within China.
Ⅵ. CHARACTERISTICS OF OFFENDERS
A. Juveniles
In the past,a large number of offenders were delinquent juveniles and members of floating populations(see below),but,there has been an increase in the number of crimes committed by juveniles. Table 6shows the number of juveniles tried by Chinese courts from 1990 to 2008For statistical purposes,offenders under 25 are classified as juveniles and are included in the percentage of total juvenile cases.
Table6 Juvenile Offenders Tried by Courts in China, 19902008
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Juvenile Offenders Tried
Total ─────────────────────────────
Year Offenders Total Percent of All
Tried Under 18 1825 Juvenile Offenders
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1990 580,272 42,033 290,495 332,528 57.31%
1991 507,238 33,392 234,814 268,206 52.88%
1992 492,817 33,399 216,863 250,262 50.78%
1993 449,920 32,408 195,903 228,311 50.74%
1994 545,282 38,388 229,454 267,842 49.12%
1995 543,276 35,832 211,559 247,391 45.54%
1996 665,556 40,220 229,529 269,749 40.53%
1997 526,312 30,446 168,766 199,212 37.85%
1998 528,301 33,612 174,464 208,076 39.39%
1999 602,380 40,014 181,139 221,153 36.71%
2000 639,814 41,709 179,272 220,981 34.54%
2001 746,328 49,883 203,582 253,465 33.96%
2002 701,858 50,030 167,879 217,907 31.05%
2003 742,261 58,870 172,845 231,715 31.22%
2004 764,441 70,086 178,748 248,834 32.55%
2005 842,545 82,692 203,109 285,801 33.92%
2006 889,042 83,697 219,934 303,631 34.15%
2007 931,745 87,506 228,792 316,298 33.95%
2008 1.007.304 88,891 233,170 322.061 31.97%
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Source; Law Yearbook of China(19912001);data of 20012007 is from China Social Statistics Yearbook(2008);data of 2008 is from Law Yearbook of China (2009);the data of Total Offenders Tned in 2008 is from the report of the Supreme People's Court (2009).
The number of young adult offenders(aged 1825)dropped from290,495 in 1990 to 233,170 in 2008,but the number of crimes by persons tender 18 increased from 42,033 in 1990 to 88,891 in 2008. Because the overall crime rate was also increasing,persons 25 or underwire involved in approximately 57 .31 percent of crimes in 1990 but only about 31 .97 percent in 2008 .This may be in part due to the decline in the Chinese juvenile population,resulting from the one family one child policy. This policy has also reduced the number of juveniles at-risk. As children in single child families grow up without sisters or brothers,they tend to receive greater attention from their parents and grandparents,and thus become more self-centered and selfish. Regardless of whether this is the case,the age of the Chinese population has been increasing. According to data in the Fifth National Census,conducted by the National Bureau of Statistics,in 2000,the total population of 14 years of age and under was 289,790,000,or 22.89 % of the total population of China,down 4. 8% from the Fourth National Census in 1990. In contrast,the population of persons aged 65 years and above was 88,110,000,or 6. 96% of total population in 2000,al .39% increase from the figures in the Fourth National Census of 1990.{8}
In the end of 2008,the number of registered drug addicts in China reached 1,127 , 000,of which 59.7% were young people under the age of 35.{9}According to a survey conducted by the Chinese Society of Juvenile Delinquency,{10}most crimes committed by juveniles fall into the categories of robbery,rape,theft,intended injury,and homicide.
B. Floating Populations
An increase in crime by the floating population(internal migrants,most of whom are seeking jobs,by moving from rural areas into cities)is among the most notable changes in crime in the past 30 years. According to the Fifth National Census,the floating population of China was 121,070,000 in 2000. Of which,some 40 million,or 35% of the total population,migrated across provinces;whereas,the remainder migrated within the same province. Most moved from rural areas into the cities. This massive number of surplus rural laborers contributed a great deal to the construction of cities,but at the same time,crime by the floating population became a serious concern,affecting the social order and security of Chinese cities. According to an official report,among the criminal suspects captured by Beijing Police Stations,the percentage of floating people among total offenders increased annually as below:18,5%in 1986,22.5%in 1990,37.6% in 1992,43%in 1993,and50% in 1994.{11} In public places and areas where floating people are concentrated,the percentage is 80% to 90%.{12} In the “belt” areas of the city,the percentage is as high as 70%.The Public Transportation Section Bureau of the Beijing Public Security Bureau has caught up to3, 400 pickpockets on city buses per year from 1995 tol997. {13} Most of these pickpockets were floating people from rural areas. Serious violent offenses,gambling,prostitution,and crimes involving illicit drugs are also increasing quickly within the enclaves of floating people.{14}
C. Government Officials
Another recent trend is the increasing involvement of government officials in criminal activity. Table 7 shows the increasing number of official offenders in the past 27 years. Official offenders use their professions,functions,and powers allow them to acquire sex,money,fame,valuable articles,free travel and even university diplomas,greatly damaging Chinese national interests. A report concludes that corruption by officials of the highest rank are more prevalent,and crimes involving collaboration between officials are increasingly common,and that the resulting damage to society is becoming more serious. {15} According to statistics,the Supreme People's Procuratorate, which is responsible for hearing cases of corruption,bribery,violation of citizens' rights,and misconduct in office,investigated and dealt with 3 , 298 malpractice cases(I. e.,cases in which a State functionary abuses power or neglects its duty)in the two-year period of 19981999,in which economic losses exceeded 8 billion RMB($US 1.18 billion).In just the first five months in 2002,there were 2 , 923 cases,in which 295 persons died,62were seriously injured,and economic losses were close to RMB 500million($US 73. 5 million).The average loss per malpractice case rapidly rose from RMB100,000($US 14,706)in 1990 to RMB 2,500,000($US 367,647)in recent years.{16}
Table 7 Government Officials Tried for Corruption, Bribery and Malpractice, 19822008
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Year Total Offenses Department Director Governor Level and
(县处级以上) Level (地厅级) Above(省部级)
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19821992 4,217 No Data No Data
1993 1,037 64 1
1994 1,915 88 0
1995 2,262 137 2
1996 2,699 143 5
1997 3,175 265 7
1998 1,820 103 3
1999 2,200 136 3
2000 2,771 184 7
2001 3,013 No Data 6
2002 2,925 No Data No Data
2003 2,728 167 4
2004 2,960 198 11
2005 2,799 196 8
2006 2,736 202 6
2007 2,706 167 6
2008 2.687 181 4
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Source: Yang, Huanning, 2001,Research on Causes of Crime, Beijing, Law Press, pp.2021;The Reports of the Supreme People's Procuratorate (20002009 );Law Yearbook of China(19872008).
The increasing involvement of youth,the floating population,and governmental officials outlines only a brief sketch of criminal actors in present-day China. In addition,foreign offenders are now receiving more attention. Our aim is to illustrate some of the types of criminal actors and to highlight the seriousness of their crimes and China's urgent need for greater crime control.
Ⅶ. THE CAUSES OF CRIME IN PRESENTDAY CHINA
As is commonly known,crimes are the result of many factors,including those which are political,economic,cultural,historical,social,moral,biological,and psychological. Here,the focus is on social factors that may have facilitated the development of crime in current Chinese society and altered its form. These include the presence of surplus laborers,high levels of poverty and disparate income levels,the weakening of social control,changes in values with the reorganization of the economy,and the manifestation of political corruption.
A. Surplus Labor
The transition from a planned to a market economy in China led to greatly improved productivity,but it has also produced unexpected consequences. The structural transformation and even bankruptcy of state-owned enterprises produced an army of millions of laid off workers. The official registered rate of unemployment in towns is currently only 3%4%,but the actual rate of unemployment is 8%9%.The unemployed are classified in several different categories. Unemployed who are town registered make up about 7 million people. There are more than 10 million laid off workers and some 1 .2 to 1.5 million urban peasant laborers who are unemployed. University graduates who are without employment reach about 700,000.{17} this exceptionally high unemployment rate creates tremendous market pressure. According to statistics,{18} there are over 20 million people who reach the age of employment in China every year,with only 8 million able to enter the labor market in urban areas. These persons,together with the 12 million or more laid off workers,unemployed persons,and others without jobs,form a pool of 20 million persons seeking employment opportunities in urban areas,but the labor market can accommodate only about 8 million laborers annually. When their material and emotional needs cannot be met,those unemployed are likely to develop antisocial tendencies;Some of which may resort to committing crimes. According to the Analysis and Forecast on Social Situations in China,20062007,the employment situation is still not good. {19} In 2008,in spite of the financial crisis,China has accomplished it's task of creating new jobs and controlling the unemployment rate in 2008,and there‘ is no obvious impact on employment. However,the situation in 2009 is not so optimistic,as the growth rate of the economy will continue to drop while the cost of labor will continue to rise,which will cause more issues with employment. {20}
Moreover and as aforementioned,the vast number of people constituting a surplus in labor in the countryside and who have migrated to urban areas,have formed waves of rur altourban migration,and are referred to here as the floating population. It is from this population that a large number of criminals emerge. On the one hand,these floating workers contribute to the development of the cities,but on the other they suffer from discrimination and exclusion from mainstream society,the urban residents. As a result of this unfair treatment,some members of the floating population become dissatisfied and hostile towards the mainstream urban residents. When this hostile attitude becomes explosive,members of the floating population release their frustrations by committing crimes. Not all members of the rural floating population are able to find employment in the cities,and,as such,some of them turn to crimes such as theft and robbery. According to statistics released by the Shenzhen Public Security Bureau ,{21}over 90% of the offenders charged with serious offenses,such as robbery,homicide,rape,prostitution,and drug trafficking,were of the so-called “three nos” migrant population from the countryside:they have no ID card,no residence permit,and no work permit. In those large cities with large floating populations,the migrants are concentrated in certain areas,based on their geographic origins. Migrants from areas,such as Xinjiang Village and Zhejiang Village,form communities with those from the same regions and assist one another in everyday life,sometimes committing crimes and establishing criminal organizations.
B. Income Disparity and Poverty
Economic reform in China has brought about great economic progress but also some unintended consequences and problems. Income disparity,as one of these problems,is increasing. One way to capture the degree of income disparity in a society is the Gini Index. Values at or below 0. 3 of the Gini Index are generally considered average. A value between 0. 3 and 0. 4 is reasonable,and an index values above 0.4 indicates extreme income disparity. According to a report by Yang andHuang ,{22} China's Gini Index was 0.459 in 2001,higher than the United States’.0.434. As such,China has exceeded the generally accepted average. According to a survey of the income levels in 40,000 town resident households conducted by the National Bureau of Statistics(NBS)in 2000 ,{23}20 % of higher income persons own 42. 5%of the nation’s wealth. In recent years,the income of rural residents,though increasing,has remained far below that of residents of cities and towns,and the difference between the rich and the poor is increasing. According to the Analysis and Forecast on Social Situations in China,20062007,income disparity is still increasing. {24} The statistics shows that the income of urban residents was 3 .28 times as high as that of rural residents in 2006 and 3 .33 times as high in 2007(see Table 8).In 2008,thought he Ratio of Urban to Rural Net Household Per Capita Income dropped to 3 .31,rising inequality is supposed to be sustained. According to Analysis and Forecast on Society of China(2009),during 20082009,international economic and domestic industrial structural adjustments are accelerating. In the short run .international economic structural adjustments have negative impacts on foreign demand,and thus on the welfare of all Chinese residents,which slows the widening income inequality. In the long run,domestic industrial structural adjustment will result in more unequal distribution of income. Weighing the pros and cons,rising inequality is supposed to be sustained. {25} Unfair distribution of wealth is a difficult problem in the “Twelfth five” plan. {26}
Table 8 Income Inequality between Urban and Rural Areas, 19962008
──────────────────────────────────────────
Percent Percent Ratio of
Per Capita Increase, Per Capita Increase, Urban to
Year Net Income, Net Urban Net Income, Net Rural Net
Urban Household Rural Household House hold
Households Per Capita Households per Capita Per Capita
(RMB) Income (RMB) Income
──────────────────────────────────────────
1996 4,838.9 12.98% 1,926.1 22.08% 2.51
1997 5,160.3 6.64% 2,090.1 8.51% 2.47
1998 5,425.1 5.13% 2,162.0 3.44% 2.51
1999 5,854.0 7.91% 2,210.3 2.23% 2.65
2000 6,280.0 7.28% 2,253.4 1.95% 2.79
2001 6,859.6 9.23% 2,366.4 5.01% 2.90
2002 7,702.8 12.29% 2,475.6 4.61% 3.11
2003 8,472.2 9.99% 2,622.2 5.92% 3.23
2004 9,421.6 11.21% 2,936.4 11.98% 3.21
2005 10,493.0 11.37% 3,254.9 10.85% 3.22
2006 11,759.5 12.07% 3,587.0 10.20% 3.28
2007 13,785.8 17.23% 4,140.4 15.43% 3.33
2008 15.780.8 14.47% 4,760.6 14.98% 3.31
──────────────────────────────────────────
Source: National Bureau of Statistics; Yang, Yiyong and Yang fen. Huang, 2003, New pattern of income and distribution of Chinese residents. In Xin Ru, Xueyi Lu, and Peilin Li(eds.),2003:Analysis and Forecast on China's Social Situation. Beijing: Social Science Document Publishing House,.; Zheng, Xinli, 2005,Income Inequality between Urban and Rural Areas, http://news. Xinhua net. com/fortune/200512/01/content_3860362. htm; China Statistical Abstract (2009).
According to a report on the opinions of higher level officials regarding social conditions in 20022003,{27} income disparity was considered to be the most serious social problem(21.8%)among the 14 problems addressed. Other problems included unemployment(19.5%),corruption(18.0%)and security(15.0%).The problem of income disparity has not changed,as the income level of the richest people is 18 times that of the poorest people according to the social blue book of 2007.{28}
Income disparity has had various negative impacts,on the one hand,it has produced a sense of relative deprivation on the part of the poor in the lower classes,but,on the other hand,it has allowed a few suddenly wealthy people to spend their newfound wealth quite lavishly. This kind of conspicuous consumption further instigates the dissatisfaction of the, lower classes,tempting some poor people to change their own circumstances and obtain social wealth by breaking the law. This is an important cause of crime in present-day China.
Many criminological theories have dealt with the relationship between inequality and crime. Marx(19671868)and Engels(19751845)observed the situation of the working class in England in the nineteenth century and concluded that poverty causes crime. Strain theory links crime to a lack of legitimate opportunity. Though based largely on the work of functionalists such as Emile Durkheim(19511897)and Robert Merton,{29} the anomie strain perspective is compatible with Marx and Engels' analysis. Similarly,subcultural theories,opportunity theories,social disorganization theory and many other conceptualizations are also concerned with the relationship between inequality and crime. {30} China's situation in recent years fits well with the hypothesis that poverty and inequality tend to breed criminal behavior.
C. Weakening of Social Control
Chinese society is in the process of reforming and opening up. As opposed to the early days of the People's Republic,the power of the state to exert external control and the ability to appeal to a shared ideological consensus and,social control by grassroots organizations are all weakening. As a consequence,the organizing and mobilizing power of society is diminishing. As was mentioned above,emphasis on economic growth has increased mobility and produced a floating population,which has,in turn,changed the traditional Chinese system of household registration. It is no longer possible to have a fully registered population. The residential environment has also changed. More Chinese households are smaller and now live in newly constructed multistory apartment complexes. Higher mobility and apartment living have produced greater anonymity and privacy but less natural surveillance.{31}According to social disorganization theory,crime rates are high in highly transient or hanging neighborhoods in which the fabric of social life has become frayed. Since residents are disinterested in community matters,such common sources of control as the family,school,business community,and social service institutions are weak and disorganized. Residential turnover weakens communications and blocks attempts at solving neighborhood conflicts or establishing common goals. {32} the situation is similar in contemporary Chinese society. The weakening of social control mechanisms provides social conditions ripe for crimes characteristic of mobile floating populations.
One consequence of this high level of social disorganization has been the emergence of organized crime. In some areas,clan influence overrides local government agencies such as the village committee,and the clan's power replaces the authority of the local government. The revival of clans disrupts the healthy operation of the local government,especially as clan groups form criminal organizations which also have dominated local affairs. For example,in Wenzhou city in Zhejiang province,the criminal organization established by Xu Haiou is centered on clan influence. This criminal organization was based on networks of siblings and relatives,and it attracted large numbers of the extended clan. This organization,which in many ways resembled the organized crime families in the United States,used clan influence to recruit criminals and develop a criminal agenda. From 1992 to 1995,members of the Xu Haiou organization committed a wide range of crimes,including homicide,robbery,kidnapping,smuggling,fraud,extortion,racketeering,and illegal imprisonment. Together they committed 136 known offenses,killed one person,injured 30 people,destroyed over 40 factories,civilian houses and shops. The amount of money involving smuggling,extortion and racketeering exceeded 2 million RMB. {33}
D. Change in Values
Since the implementation of economic reform and the open door policy,a great deal of advanced technology and expertise has been introduced into China. Western social values were adopted along with technological and economic reform,bringing with them cultural changes that weakened traditional Chinese social values. Preform China was a traditional society with strong cultural emphasis on the collective,as opposed to individuals. Its core values emphasized the common good as the sole goal for all members of society. Although traditional beliefs have by no means completely disappeared in China,economic reform has brought with it Western values of individualism. This new value encourages competition with others in the pursuit of wealth,rather than sharing prosperity with all. {34} Consumerism,hedonism and the centrality of money and economic success spread rapidly following economic reforms. A great deal of the crime in present-day China reflects this new cultural emphasis on individualism and consumerism. As the statistics on prostitution cited above in Table 5 indicate,even sex has become increasingly commoditized.
The breakdown of conventional cultural values in China is strikingly similar to what Durkheim(19511897)observed in nineteen century France during the Industrialization Revolution in the West. French society in Durkheim's day experienced a normless state,and the achievement of wealth become the supreme end of individuals. China is,in fact,developing far faster than nineteen century France and other Western countries during their periods of rapid industrialization. And,China's social transition has also created a relatively normless,state wherein the unrestrained pursuit of material indulgence and individual economic advancement has been embraced by large sections of the Chinese population. {35}
If China follows this Western model,Durkheim's thesis would lead us to expect that the severe normlessness experienced by Chinese society will cause all types of crimes to increase,at least in the short run. {36}For example,amongst other things,Chinese books,journals,television programs and films increasingly portray or even advocate violence,terror,and illicit sex. Pornography,prostitution,gambling,and drugs have spread rapidly in China. Indeed,based on official statistics,in2008,the national criminal justice apparatus investigated and dealt with1,127,000 registered drug abusers ,{37} and over 86,000 prostitutes in2008. {38} Moreover,some of these activities,such as drug trafficking and prostitution,are closely tied to organized crime.
E. Political Corruption
In recent years,political corruption has spread to the Party and become interwoven into the fabric of the State. In economic and political spheres,government officials in some areas even commit corruption as a collective. The so-called “brotherhood incident” in Jinxian county is an example. Eighteen of Jinxing’s powerful people,including bosses of enterprises,editors of local television stations,members of the county standing committee,the chief of the county department of finance,the chief of county transportation,the vice-president of the county discipline inspection committee,leaders of the police,the county procuratorate,and the courts,treated each other as brothers and made commitments of mutual assistance '{39} which involved crimes of various sorts.
Corruption provides opportunities for criminals desperate for political backing and protection. After taking bribes,some corrupted officials abuse their power by protecting criminals despite the interests of the state,and the people's interest which is to bring them to justice. Since2001,373 cases have been investigated involving public officials whoprotected “black and evil forces”;{40} and,151 persons who protected “black and evil forces” were arrested by procuratorates at all levels from March 2006 to May 2009.{41}
Political corruption creates great distrust amongst the Chinese public,some of whom express their dissatisfaction by committing crimes of their own. Furthermore,corruption by public officials weakens the implicit social contract and spreads disrespect for the law,thereby damaging the social and mass basis of crime control and prevention and threatening the political base of the government.
Ⅷ. FUTURE CRIME TRENDS AND CRIME PREVENTION
A. Future Crime Trends
Based on the aforementioned analysis of past crime trends,the future of crime in China may be forecast as follows;First,China will continue to experience social development due to rapid changes in its economic,political,and legal systems. Second,crime rates will not decline or increase significantly in the next 510 years. Third,crimes infringing a person's individual rights as a citizen will most likely remain relatively stable;While some crimes may decrease. Rape,for example,may decline as women are no longer devalued but are treated equally as Chinese society and its gender norms shift from that which is traditional and patriarchal to that which is more egalitarian. But,organized crimes,economic crimes,crimes involving advanced technology,and cross jurisdictional crimes will increase. Among the various categories of criminals,juveniles and the floating population will still make up the majority of offenders.
B. Crime Prevention
The strategy of crime prevention in China is comprehensive management. This means,at least in theory,that all social agencies and forces cooperate with one other to maintain social order and prevent and control crimes. They do so under the unified leadership of governments at different levels,using political,economic,administrative,and legal methods and other means such as engaging in cultural education. The basic principle of comprehensive management is the integration of punishment and prevention with an emphasis on the latter. Comprehensive management is a unified and systematic strategy which mainly includes the following aspects:(1)crackdown;(2)prevention;(3)education;(4)management;(5)construction;and(6)reform. As the name implies,crackdown is a strategy based on a theory not unlike Western deterrence theory. {42} it involves swiftly striking various crimes and severely punishing criminals. Prevention is aimed at eliminating factors causing social instability by taking various preventive measures. Special emphasis is placed on identifying and controlling social conflicts to prevent them from intensifying. The objective is to intervene early in the developmental stage of the problem so as to stop it from escalating. {43} Chinese official policy views this as a positive and viable long-term measure to reduce crime. Education entails moral,legal and cultural education for all citizens,especially juveniles,raises their moral and cultural standards and enhances their awareness of the law. This is regarded as a basic and necessary measure to secure and maintain social order. Management refers to the intensification of administrative oversight in all levels and fields,especially monitoring and regulating the administration of hotels,cultural product markets,publications,free markets,and other key facilities,as well as controlling the activities of the floating population. This is important for stemming crime and preventing criminal activities in various fields. Construction refers to the formulation and improvement of various laws and regulations designed to prevent and control crimes. It also involves the creation and strengthening of public security organizations and other government organs so measures of comprehensive management can be put into effect at all levels. Reform involves intensifying the education and rehabilitation of prisoners and making proper employment arrangements for those released from prison.
As was shown above,China's comprehensive management policy is in many ways similar to theories and policies of crime prevention in the United States. {44} Although China's crime prevention system will continue to face various and complex challenges during this historical period of social transition,we believe it can be improved and crime can be controlled based on further efforts at international communication.
【参考文献】{1}国家统计局(National Bureau of Statistics) :《建国以来中国GDP年均增长8. 1%》(China's GDP increased annually by an average of 8.1%since the founding of the People'sRepublic of China),2009. http://www. beinet. net. cn/fxyj/yjbg/200909/t459468. htm
{2} Ibid.
{3}Liu Jianhong&Messner, Steven,Modernization and Crime Trends in China's ReformEra,in Crime and Social Control in A Changing China, Liu Jianhong,Zhang Lening&StevenF. Messner ed.,2001,West Port, CT: Greenwood Press,pp. 4-8.
{4}Liu Jianhong&Messner Steven, Modernization and Crime Trends in China's ReformEra, supra note 3,pp. 5-8
{5}Kick, Edward&Gary LaFree, Development and social context of murder and theft,Comparative Social Research. 8:37-58(1996).
{6}LaFree, Gary D.&Edward L. Kick, Cross-national Effects of Development, Dis-tributional, and Demographic Variables on Crime: A Review and Analysis, International Annalsof Criminology 2:213-236( 1986).
{7}Liu Jianhong&Messner Steven, Modernization and Crime Trends in China's ReformEra, supra note 3,p. 18.
{8}国家统计局(National Bureau of Statistics)《第五次全国人口普查公报》( Statisti-cal Communique on the Fifth National Census),2001.
{9}人民网:《目前中国吸毒人员情况如何》(Drug Addicts in Present China) , http : //society. people. corn. cn/GB/8217/156443/156446/9385278. html.
{10} http//www. china. org. cn/chinese/ 2003/Jan/258206. htm.
{11}Legal Daily, July 21,1994.
{12} Legal Daily, June 19,1995.
{13} Beijing Youth Daily, Oct. 2,1998.
{14} Ma Guoan, Population Migration and Crime in Beijing, China, Crime and SocialControl in A Changing China, Liu Jianhong,Zhang Lening&Steven F. Messner ed.,2001,West Port, CT: Greenwood Press, p. 67.
{15}文盛堂(Wen Shengtang) :《2002年反腐败斗争的新进展》(New Development ofAnti-corruption in 2002) ,载汝信、陆学艺、李培林主编(Ru Xin, Lu Xueyi & Li Peilin ed. ) :《2003年:中国社会形势分析与预测》( 2003: Analysis and Forecast on China's Social Situa-tion),社会科学文献出版社(2003) , http://www. gsei. corn. cn/aboutgansu/ziliao/gqbgk/sh0203/250788.htm.
{16}文盛堂:《2002年反腐败斗争的新进展》,supra note 15.
{17}李培林(Li Peilin)《当前中国社会发展的若干问题和新趋势》(Problems and NewTrends of Social Development),载汝信、陆学艺、李培林主编(Ru Xin, Lu Xueyi & Li Peilined);《2003年:中国社会形势分析与预测》(2003: Analysis and Forecast on China's Social Situ-ation),社会科学文献出版社(2003).
{18}李培林:《当前中国社会发展的若干问题和新趋势》,supra note 17.
{19}李培林、陈光金(Li Peilin & Chen Guangjin) : 《2006-2007年中国社会形势分析与预测总报告》( General Report of Analysis and Forecast on Social Situations in China, 2006-2007),www. china. corn. cn/info/... /2007... /content_7646411.htm.
{20}汝信、陆学艺、李培林(Ru Xin, Lu Xueyi & Li Peilin)《中国社会形势分析与预测(2009) 》 (Analysis and Forecast on Society of China (2009) ),社会科学文献出版社2008年版,pp. 126-142.
{21}何清涟(He, Qinglian) :《现代化的陷阱—中国当代经济社会问题》( Pitfall ofModernization-Economical and Social Problems in Present China),今日中国出版社1998年版,p.254.
{22}杨宜勇、黄燕芬(Yang, Yiyong & Huang Yangfen):《中国居民收入分配新格局》(New Pattern of Income and Distribution of Chinese Residents),载汝信、陆学艺、李培林主编(RuXin, Lu Xueyi & Li Peilin ed. ): 《2003年:中国社会形势分析与预测》(2003: Analysis andForecast on China' s Social Situation),社会科学文献出版社,http://www. china. corn. cn/zhuanti2005/txt/2002-12/24/content 5250882. htm.
{23}国家统计局(National Bureau of Statistics) :《第五次全国人口普查公报》( Statisti-cal Communique on the Fifth National Census) 2001.
{24}李培林、陈光金:《2006-2007年中国社会形势分析与预测总报告》, supranote 19.
{25}汝信、陆学艺、李培林:《中国社会形势分析与预测(2009)》, supra note 19, pp.269-279.
{26}周天勇(Zhou Tianyong) :《十二五难题:分配不公》( The Difficult Problem in“Twelfth Five” Plan: Distribution Unfair),载《凤凰周刊》,No. 30, 2009.
{27}青连斌(Qing Lianbin) :《中国党政领导干部对2002-2003年社会形势的基本看法》(Officials' Opinions about the Social Situation of 2002-2003),载汝信、陆学艺、李培林主编(Ru Xin, Lu Xueyi & Li Peilin ed. ) :《2003年:中国社会形势分析与预测》(2003: Analysis andForecast on China's Social Situation),社会科学文献出版社(2003) , http : //theory. people. com.cn/GB/41038/5273950. html.
{28}李培林(Li Peilin) : 《2007年:中国社会形势分析与预测》(2007: Analysis andForecast on China’s Social Situation),http://www. lookinto. cn/article. asp? id=231.
{29}Merton, Robert K, Social structure and anomie, American Sociological Review 3:672-682(1938).
{30} Blau,Judith R. &Peter M. Blau, The cost of inequality:Metropolitan structure andviolent crime, American Sociological Review 47: 117-129(1982).Carroll, Leo&Pamela Ir-ving Jackson, Inequality, opportunity, and crime rates in central cities. Criminology 21:170-194(1983);Jacobs, David, Inequality and Economic Crime, Sociology and Social Research 66:12-28(1981)
{31}Jiao,Allan, Integration of formal and informal social control; The criminal justice sys-tem and crime prevention in China. Paper presented at the 2nd Annual Symposium on Crime andIts Control in Greater China, Oct. 26,2001
{32} Siegel, Larry J, Criminology: Theories,Patterns,and Typologies,West PublishingCompany, Fifth Edition, 1995,p. 181.
{33}李忠信(Li, Zhongxin):《黑社会性质犯罪问题研究》(Research on Organizations inthe Nature of Criminal Syndicate),中国人民公安大学出版社2000年版,p. 129.
{34} Liu Jianhong&Messner, Steven, Modernization and Crime Trends in China's ReformEra,in Crime and Social Control in A Changing China, Liu Jianhong, Zhang Lening&StevenF. Messner ed.,2001,West Port, CT: Greenwood Press, p.5.
{35} Liu Jianhong&Steven Messner, Modernization and Crime Trends in China's ReformEra,supra note 34,pp. 5-8.
{36} Ibid
{37} http://society. people. corn. cn/GB/8217/156443/156446/9385278. html.
{38}中国法律年鉴(Law Yearbook of China) , 2008, See Table 5, Registered Cases ofRape&Investigated and Treated Cases of Prostitution, 1986-2008.
{39}高-飞(Gao Yifei)《有组织犯罪专论》(Special Topics on Organized Crime),中国政法大学出版社2000年版,p. 156.
{40}文盛堂(Wen Shengtang) :《2002年反腐败斗争的新进展》( New Development ofAnti-corruption in 2002),载汝信、陆学艺、李培林主编(Ru Xin, Lu Xueyi & Li Peilin ed. ) :《2003年:中国社会形势分析与预测》( 2003: Analysis and Forecast on China's Social Situa-tion),社会科学文献出版社(2003) , http://www. gsei. com. cn/aboutgansu/ziliao/gqbgk/sh0203/250788.htm.
{41}徐日丹(Xu Ridan) :《全国检察机关三年批捕黑恶势力“保护伞”151人》(151Persons Who Protected“Black and Evil Forces” Were Arrested by Procuratorates at All Levels inThree Years),载(检察日报》2009年7月8日.
{42} Siegel, Larry J, Criminology:Theories,Patterns,and Typologies,supra note 32,P.181.
{43} Goetting Ann, Homicide in Families and Other Special Populations,Springer Publish-ing Company, 1995,pp. 161-162.
{44} Ibid.
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