Title: Discussion on the Analysis Strategy of Migrant Workers' Crime.
The name "migrant workers" is a new term in recent years. With the acceleration of urbanization, "migrant workers" often associate people with "migrant workers' problems", including the rising crime rate of migrant workers, which is of great concern to the society. Why do migrant workers commit crimes? We should have some countermeasures.
Keywords: migrant workers, migrant workers' problems, causes of crime, countermeasures
Before 1984, the main way for China's rural labor force to transfer to non-agricultural industries was through township enterprises, which formed the characteristic urbanization road of China, that is, "never leaving home, never entering factories and never entering cities". After 1984, the state relaxed the restrictions on farmers entering cities and allowed farmers to settle in cities. As a result, a large-scale "migrant worker tide" appeared. It reached its climax in the 1990s. According to the statistics of the National Bureau of Statistics, from 1978 to 2000, China's rural labor force transferred to non-agricultural industries, totaling1300,000 people, with an average of 591000,000 people per year. According to a survey conducted by Southern Network, the population of China that will transfer from rural areas to cities and towns will reach 65,438+76 million in the next 10 year, and it is estimated that the population that will transfer from rural areas to cities and towns will reach 300 million in the next 20 years. This figure is worrying. Farmers enter cities to serve urbanization and industrialization, but due to some institutional problems, the situation of migrant workers is quite difficult, and the social crime rate is rising. We collectively refer to these problems as migrant workers' problems.
Migrant workers-a special group, they are registered as farmers, but engaged in non-agricultural industries; They live in the city, but they can't fully integrate into the city life. Traditionally, they are neither real farmers nor real workers. So many scholars simply gave them a general term: "migrant workers".
"Migrant workers are typical vulnerable groups caused by both economic and social factors"
First, the characteristics of migrant workers
Economic poverty
"Get up earlier than chickens, sleep later than cats, work harder than donkeys and eat worse than pigs." This is a classic metaphor to describe the living conditions of migrant workers in China. Now it is often extended to self-mockery by some "angry youths", followed by a sentence: "Earn less than migrant workers." According to relevant statistics, more than 70% of migrant workers earn less than 600 yuan, and about 20% earn between 600 and 800 yuan. Only a few of them can get a salary of more than 1000 yuan, so most of them spend zero on culture and entertainment, even if there is, it will be twenty or thirty yuan at most.
Economic poverty determines the low quality of life and the fragility of psychological endurance of vulnerable groups.
Low quality of life
Most of the urban migrant workers we see every day are very different from the residents of the city where they live in terms of food, clothing, housing and transportation. In terms of clothes, because of all kinds of rough, heavy and dirty work, the clothes of migrant workers are generally extremely simple or even rudimentary. In terms of housing, migrant workers generally rent in rural settlements in the urban-rural fringe. Most migrant workers live in sheds on construction sites, and many people live in shacks built by themselves with various construction wastes. The common characteristics of migrant workers' living conditions are: crowded living, poor lighting and ventilation conditions, humidity, mosquitoes and flies breeding, which often become a sanitary corner of the city. In order to save money in cities as much as possible, the diet of migrant workers is generally simple. They are the main customers of low-grade vegetables in farmers' markets and roadside food stalls. Bicycles are the main means of transportation and the main sales target of second-hand bicycles. Bicycle theft, which is extremely common and troublesome in all cities, is often related to them. Because of the high labor intensity, long working hours and less leisure time, migrant workers are basically in a primitive and simple state of life, such as working, eating and sleeping. They repeat the cycle from living to working to living day after day, which is far from the lifestyle of ordinary urban residents.
(C) monotonous cultural life
Judging from the current employment distribution of migrant workers, in many cities, migrant workers are mainly concentrated in the service industry and construction industry. Compared with the two, migrant workers engaged in entertainment, catering, beauty salons, domestic service and other services have some basic cultural life, such as watching TV and reading newspapers. However, more than 90% of migrant workers engaged in hard construction industry have no amateur cultural life. Chatting, sleeping, playing cards, gambling and loitering are the main ways for them to spend their leisure time. A few migrant workers occasionally participate in some cultural activities, such as watching TV or going to the square to watch movies and performances, but the frequency and time are not guaranteed.
Repeating the monotonous life of "work-eat-sleep" for many years, coupled with the lack of healthy cultural life, a considerable number of migrant workers pass the time by watching pornographic videos or books and periodicals.
(d) Most of them are young and middle-aged.
According to statistics, where the per capita arable land is less than one mu, about 95% of the farmers who come out to work are young and middle-aged, and most of them stay at home to farm.
(five) the education level is generally low, the vocational skills are poor, and the ability to make a living is weak.
Most of them are illiterate, primary school culture, junior high school culture, and most of them have not graduated from junior high school. Due to the low level of education, the work of migrant workers is mainly concentrated in the service industry and construction industry. Engaged in ordinary labor work in these industries, there is no requirement for professional skills, the income is naturally not high, and the ability to survive in cities is weak.
(6) Lack of legal awareness
Many people have not received a complete education, and they have little legal knowledge in school, and they have received little legal publicity and education from various channels. It can be said that most migrant workers are ignorant of the law.
(7) Having group characteristics.
Migrant workers who work in cities are generally from the same village, if not from a brigade, a township, a county or a province. Few single farmers come out to work, and we often hear migrant workers who speak the same hometown dialect on the construction site chatting together. Showing the characteristics of a group.
Second, because migrant workers have such characteristics, migrant workers' crimes have the following characteristics.
(1) The participation rate of young people is high. According to the statistics of a court, the average age of 472 defendants who committed crimes against migrant workers in a year is 29 years old, of whom 383 are under 30.
, accounting for 8 1. 1% of the total population.
(2) The persons involved have a low level of education. According to the statistics of a court, among the defendants, illiteracy 14, primary school education 130, and junior high school education122. Most of them didn't graduate from junior high school, so many people came to work in cities without completing nine-year compulsory education.
(3) The employment situation of the persons involved is unstable. Among the convicted defendants, 3 17 were unemployed, accounting for 67.2% of the total number. As many as 80% of the remaining defendants have been unemployed. There are also some defendants who have found jobs, but few are temporary workers.
(4) A certain proportion of the persons involved have criminal records. Among the sentenced defendants, 74 are recidivists, 32 have received reeducation through labor, and some have been punished by public security administration to varying degrees. Moreover, these people have strong mobility and high recidivism rate. After being punished by law, they went to other places to commit crimes again and again, and some even returned to their old jobs just after they got out of prison.
(5) The crime type is mainly property infringement cases. Among the 472 defendants, 306 were guilty of theft, 40 of robbery, 4 of robbery/KLOC-0 and 9 of fraud.
(6) "fellow villagers" gather people to commit joint crimes. In the case of joint crimes, 74% of the defendants come from one area, they are neighbors or relatives, and some even have more cases of robbery and other property violations.
Third, more and more crimes committed by migrant workers have aroused widespread concern in the whole society, and people have begun to seriously think about the causes of this problem. There are many arguments and different reasons. I think the reasons leading to migrant workers' crimes are as follows.
(A) the gap between urban and rural life is the social cause of migrant workers' crimes.
Migrant workers are blind before going out to work, often listen to fellow villagers' introductions, or come to a completely strange city, with little travel and living expenses and no understanding at all. Because of their low quality, weak ability to adapt to urban survival, few opportunities to get jobs and fierce competition pressure, they either. Can't find a job at all, or engage in low-paid and high-intensity labor. Without living security, they have to become a new poor and vulnerable group in the city. On the one hand, migrant workers with dreams of getting rich have high expectations for getting rich in cities, on the other hand, they suffer from harsh living conditions and poor living environment. The cruel reality, the contrast between the two has produced a huge psychological gap. On the one hand, migrant workers finally choose to break the law to show their existence and borrow money. In order to obtain living resources, this led to theft. Be brothers. As long as a person has criminal intentions, he always wants to ask his fellow villagers for help.
(B) the lack of legal control means
At present, the specialized institutions dealing with social crimes are generally insufficient in strength and funds, far behind some developed countries. Social crimes are becoming more and more serious, large-scale, organized, and the legal supervision institutions are lax in control and lack of ability, which naturally provides an adventurous environment for desperate migrant workers to commit crimes. In addition, our law enforcement officers' simple practices and discriminatory attitudes in dealing with farmers' illegal and criminal acts have either reduced the desire of migrant workers to seek help from the public sector, or increased their distrust and even hostility to the public sector and even society. All these have laid the groundwork for the crime of migrant workers leaving home.
(3) Education is not in place, and decadent ideas take advantage of it.
In recent years, with the continuous expansion of colleges and universities, the employment pressure of college graduates has been increasing, forming a new "reading uselessness" in society, especially in rural areas. In rural areas, a large number of school-age children have only finished junior high school or even primary school, even if
"Finish school" these people have low cultural quality, weak legal concept, empty spirit and poor resistance. Often because of trivial matters, fights are triggered, which leads to great disasters. At the same time, decadent cultural scum also took advantage of it, and they could not help but be tempted to learn crimes such as robbery, theft and injury in film and television dramas and break into the forbidden zone of the law.
(4) The legitimate rights and interests of migrant workers are not effectively protected, and violations of farmers' legitimate rights and interests occur from time to time.
When farmers leave the countryside to work in cities, foremen and bosses often deduct the working expenses of migrant workers for no reason, or even fail to cash them at all. Farmers, whether they work at home or go out to work, will easily commit crimes for their livelihood if they lack basic living security.
(E) psychological imbalance, indolence.
Urban and rural economic development is unbalanced, especially in recent years, the living standards of cities have improved rapidly. Faced with the reality of diversified distribution of social wealth and large income gap, migrant workers are psychologically unbalanced. They are not only envious of others' lavish spending and enjoying life, but also unwilling to create wealth through honest labor. Instead, I wanted to get rich quickly through illegal channels, but I was trapped in the end.
(six) the labor security mechanism is not perfect, and the employment environment needs to be improved.
Due to the blind flow, the employment situation of migrant workers is grim, some employers and individuals do not pay attention to honesty and pay wages to migrant workers, and the protection mechanism and corresponding relief means of migrant workers' legitimate rights and interests are far from perfect, which worsens the living environment of migrant workers and induces crimes. In 2002, an enterprise owed wages to migrant workers, and three migrant workers hired by it brought home some of the daily necessities of the enterprise.
Fourth, the countermeasures to be taken
(1) With regard to crimes such as theft and robbery committed by migrant workers due to economic distress, we should earnestly protect their legitimate rights and interests, put an end to the phenomenon of wage arrears for migrant workers, standardize employment agencies, make them fully play an active role, and avoid incidents such as fraud that infringe on the legitimate rights and interests of migrant workers. At the same time, we should also educate migrant workers to know that only hard-working and legal work can make them rich, otherwise they will only harm others and themselves. It is necessary to improve the registration management system for migrant workers. Establish an employment registration system for foreign workers, report to the civil affairs department, and regularly carry out relevant legal knowledge training; The employer shall know the source of the floating population, master its basic information, and closely contact and cooperate with the labor export place; Public security departments often carry out public security inspections on the main foothold and activity places of the floating population, organize clean-up and rectification of places with poor conditions, and set up special management departments in densely populated areas to systematically manage and register household registration, archives and employment status. Civil affairs departments should pay close attention to the lives of migrant workers, give their children equal education, help them solve practical difficulties and effectively prevent crimes.
(2) Full implementation of social security measures. According to the principle of "who is in charge, who is responsible" in the comprehensive management of social security, we will take various measures to strictly manage the system, strengthen public security prevention and crime prevention, and do a good job in the comprehensive management of rural social security. First, we should effectively improve the ability and level of managing social public affairs according to law, solve new contradictions and problems between villagers and neighbors in time, do a good job in mediating contradictions and disputes, and eliminate unstable factors; Second, actively do a good job in the management and education of released prisoners, social idle teenagers and teenagers with minor violations of the law, so as to prevent all kinds of public security problems from happening to the maximum extent; Mobilize the whole society to safeguard the legitimate rights and interests of rural teenagers. Ensure that teenagers complete nine-year compulsory education to the maximum extent.
(3) In view of the low quality of migrant workers, in addition to strictly implementing and popularizing the nine-year compulsory education, we should also carry out moral and legal publicity and education to improve their moral literacy, make them understand some necessary legal knowledge and educate them to solve disputes by legal means. You can set up legal aid service stations and organize special social work services. Direct contact with migrant workers through these institutions. On the one hand, social workers can grasp contradictions and disputes in time, mediate properly, and convince both sides of contradictions by law, so as to avoid the intensification of contradictions and the expansion of the situation, which will lead to public security problems and reduce the occurrence of crimes. On the other hand, it can provide legal advice and services for migrant workers, so that migrant workers can understand the law, their rights and how to defend their rights with legal weapons. Moreover, social workers can regularly organize legal publicity activities to achieve the purpose of strengthening legal publicity and education.
(4) Throw away the idea of group exclusion. In order to establish the concept of "becoming a part of this city" in the minds of migrant workers, it is necessary not only to work hard on migrant workers, but also to update the concept of local people, eliminate some psychology of discrimination and exclusion of foreigners, and treat them kindly. Relevant law enforcers should combine the seriousness of laws and regulations with the artistry of migrant workers' control, so that new migrant workers can understand and adapt to the laws and regulations of the city's social life, social management, legal protection and so on in a flexible and diverse way, so that they can feel the acceptance and tolerance of the city, happily become a part of the city and accept its control. For example, in May 2003, the Administrative Committee of the Development Zone of our city and the Gaoshi Village Committee of Qinglong Street set up new citizens' apartments in the Textile Industrial Park of the Development Zone to provide centralized apartment management services for urban migrant workers. There are related infrastructures such as education, service and management in the apartment. Not only the police, medical care and family planning are fully equipped, but all girls under 16 are arranged to receive preschool education and nine-year compulsory education. The whole apartment is well managed, safe and harmonious, and has become a "new residential area" for the majority of migrant workers to live and work in peace and contentment.
(5) Actively educate and guide farmers to get rich through hard work. A large part of farmers' crime is to seek economic benefits. Therefore, in addition to further strengthening the management of migrant farmers, grass-roots organizations should also guide farmers to adjust their industrial structure, develop rural economy, actively educate and guide farmers to become rich through their own hard work, so that they can live and work in peace and contentment.
(6) The government should pay enough attention to solving the problem of migrant workers.
According to the National Development and Reform Commission, the All-China Federation of Trade Unions recently released the Blue Book of China Trade Unions Safeguarding the Legitimate Rights and Interests of Workers in 2004. According to the information disclosed in the Blue Book, it has become the focus of trade union organizations at all levels to set up trade union organizations in non-public enterprises and strengthen the protection of migrant workers' rights and interests.
At present, trade unions at all levels are working hard to solve the problem of wage arrears in enterprises. According to the Blue Book, last year, the All-China Federation of Trade Unions submitted a report on relevant proposals to the State Council, which was highly valued by the State Council and relevant departments. Trade unions in Guangdong and other places have also actively promoted the formulation of local regulations on enterprise wage payment and strengthened supervision over enterprise wage arrears.
Among the problems of enterprises' wage arrears, the most prominent one is the wage arrears of migrant workers. Trade unions at all levels cooperate with the labor and social security departments to establish early warning and forecasting systems, wage protection systems, and labor employment integrity systems, and urge the labor departments to strengthen supervision and inspection of enterprise wage payment, strengthen law enforcement, set up employee complaint mailboxes and telephones, establish a system for handling wage cases, and smooth social supervision channels.
(7) Cancel the dual household registration system and implement the unitary household registration system.
In the early 1950s, China established a dual household registration system that divided urban and rural areas, in order to avoid the problems of urban expansion and rising industrialization costs caused by excessive rural population flowing to cities in the early stage of national industrialization. But now the conditions have changed, and various social phenomena show that the dual household registration system has not adapted to social development. However, we cannot just change it. At the same time, we must be soberly aware that there are 800 million farmers in China, and the peasant class has been ranked at the bottom of the latest top ten class division in China. It means that the status of farmers is low. If this reform comes too fast, won't the problem of urban migrant workers be more serious? So we can only do it step by step. At the same time, the government should attach great importance to the countryside and can "help agriculture with industry" to ease the flow of farmers.
(eight) to establish and improve the social security system, including migrant workers in the scope of protection.
It is the long-term goal of social security system construction in China to establish a social security system integrating urban and rural areas. It should be admitted that it is still very difficult to achieve this goal under the current conditions. However, as an institutional innovation, bringing migrant workers into the urban social security system first can not only solve practical problems such as work-related injuries, diseases and old-age care for migrant workers, but also help to establish a connecting channel between urban and rural social security systems, which is of great significance for gradually improving China's social security system and finally realizing the social security system of urban and rural integration.
These practices can be used for reference. I believe that as long as the society, the government and employers can truly proceed from the requirements of migrant workers and migrant workers can truly stand on their own feet, the problems of migrant workers can be better solved and the crime rate of migrant workers will also drop.
refer to
1, Sociology of Crime, by Song Haobo, China People's Public Security University Press, February 2005 1.
2. Research on Urban Crime Governance and Stability Mechanism, edited by Song Haobo, published by China People's Public Security University Press in 2003.
3. Research on Vulnerable Groups in China, p. 36.
4. Social Network and Social Status of Migrant Workers, Li Peilin.
5. Pressure-type Peasant Mobility: A New Explanatory Model, China Rural Studies, Xu Zengyang 200 1, 258 pages.
6. "Social Problems in China", Yuan Waiting, Book, Page 3.