逻辑与机理:社会抗拒的刑事路径考察——以两个个案为样本的分析

Logic and Mechanism:the Inspection of Social Resistance through Criminal Approach

通过对钱明奇事件和胡文海事件的考察,我们发现:为了利益博弈,矛盾双方以表达与打压为基本手段展开对立性互动,在强势方持续打压与表达方顽强坚执的拉锯战中,伴随敌意累积、强化和扩散并最终导致以刑事犯罪为手段释放敌意。从正常的利益抗争演进到非现实性冲突性质的刑事社会抗拒,打压为其提供了原动力,打压所输入的风险能量与合法性状态、相对剥夺感的强弱、改变被剥夺境遇的可能性和边缘化人格等因素交互影响、彼此"型塑"共同铺设了社会抗拒的刑事路径。

Through the inspection of Qian Mingqi event and Hu Wenhai event, we found： in the Interest game, between the two conflictive sides conduct opposite interaction by expressing and suppressing as the basic means, In the tug-of-war that between continuously suppressing and stubbornly expressing, with the hostility accumulated, reinforced and spreaded, eventually lead to crime as a means of releasing hostility. In the process from the normal struggle of interests to Social resistance by means of crime, Suppressing provide the original driving force, The risk energy which is inputted by suppressing interact with legitimacy state, Relative deprivation situation, the possibility of change to be deprived, Marginalized personality, etc. sectors, laying the Criminal approach of social resistance together.