社会化视野中的优势犯罪

Crime on Ascendant Conditions under the Scan of Socialization

优势犯罪的产生有着特定的社会化条件。要想实现刑罚预防和遏制优势犯罪的目的,就应在制定和适用刑罚时,把按刑罚公式办事与坚持罪刑相适应原则结合起来,并运用现代模糊理论进行模糊控制,使优势犯罪行为人认识到其违法犯罪所受到的法律制裁要重于其所得到的非法利益。

The generation of crime on ascendant conditions derives from the material conditions of socialization. If we want to prevent and control the crimes on ascendant conditions we must obey the demand of the penal formula and hold the principle of matching punishment with crime. We also should exercise the modern fuzzy theory, conduct the control of illegibility. Consequently, one who commits the crime on ascendant conditions could realize that one＇s criminal responsibility is severe than one＇s interest from his crime.