The objective causes and conditions of the situation of crimes of human health infringement in the southwestern provinces

Tạp chí Khoa học Viện Đại học Mở Hà Nội 51 (01/2019) 25-30 25 THE OBJECTIVE CAUSES AND CONDITIONS OF THE SITUATION OF CRIMES OF HUMAN HEALTH INFRINGEMENT IN THE SOUTHWESTERN PROVINCES To Ngoc Duong*1 Date received the article: 4/7/2018 Date received the review results: 4/1/2019 Date published the article: 25/1/2019 Abstract: The region of the Southwestern provinces is one of the areas where the crime situation in general and the situation of human health infringement (HHI) in particular are having extremely complicated developments. Although legal protection agencies have made great efforts on crime prevention, the results of crime prevention in general and HHI in particular are still limited compared to the requirements set out. In order to effectively prevent these crimes in the Southwestern provinces, clarifying the objective causes and conditions of these crimes has a significant meaning. This article focuses on clarifying the objective causes and conditions of the situation of HHI. Keywords: Reasons; Conditions; Crime situation; Crime of human health infringement; The Southwestern provinces. 1. The concept: causes and conditions of the situation of human health infringement There are currently many perspectives on the causes and conditions of the crime situation12, however, most of the perspectives agree that: “The causes and conditions of the crime situation are understood as a system of negative social phenomena in the corresponding socio- economic form that plays a decisive role in the apperance of the crime situation as a consequence”.23This definition emphasizes the socio-economic environment as the * PhD Studen Law – Course 7 1 Pham Van Tinh (2008), Causes and conditions of the crime situation in our country today - Model of theory, State and Law Journal, No. 6/2008, Page 79-83; Hanoi Law University (2006), Criminology textbook, People's Public Security Publishing House, Hanoi, page 135 2 Vo Khanh Vinh (2008), Criminology textbook, People's Public Security Publishing House, page 87. objective causes and conditions of the crime situation. From this definition, it is possible to understand that the causes and conditions of HHI situation in the Southwestern region is a system of negative social phenomena in the socio-economic environment of the Southwestern provinces that plays a decisive role in the apperance of HHI situation as a consequence. The system of negative social phenomena exists in the socio-economic environment of the Southwestern provinces, including negative social phenomena in the 26 Nghiên cứu trao đổi ● Research-Exchange of opinion family environment, educational environment, socio-economic environment and impacts from victims. 2. Negative factors in the family environment A research in HHI offenders in the Southwestern provinces shows that most offenders are those who live in imperfect family environments such as families with loose structure, incomplete families, families with relatives who violate against the law. This has affected the process of formation and development of personalities, from which easily develops crimes in general, and HHI in particular. Living in an unhappy family, parents often have quarrels and domestic violence to a frightening extent, children in that environment will gradually lose faith in life, helplessness in spirit, not conscious of studying and training themselves under the guidance and care of their parents. Since then, they become depressed, imitate and participate in negative social groups, act on crowd psychology with spontaneous nature, express the impulse of youth, leading to criminal acts. Through a survey of 300 HHI offenses in the Southwestern provinces, there are up to 82 people live in an unfavorable family environment (accounting for about 27.3%)31 that is, these defendants have parents or siblings who have a criminal record; domestic violence occurs frequently; their father and brothers often drink, have quarrels with neighbors... In addition, low-educated parents with less understanding of law are also a cause of limited education to their children. According to the survey results of 250 3 Survey results of 300 judgments of the People's Court of Southwestern provinces about SHHI. 4 Survey results of 300 judgments of the People's Court of Southwestern provinces about SHHI. defendants who intentionally cause injury in the Southwestern provinces, 82/250 defendants (accounting for 32.8% of the total of defendants who intentionally causing injury) live in the family or father, mother or adult in the family with low education.42This suggests that parents with low education have a significant effect on their children’s tendency to commit crimes. Families’ pampering children also contributes to forming bad qualities and personality in children. Therefore, parents are too indulgent, easy to meet the requirements of their children, inevitably forming a bad personality as a habit of enjoying material, wasting money and not caring for others, even lack of patience and hardship. Excessive pampering will cause children to depend on others, not know the value of labor and how to be independent in the future. Or it derives from parents’ different viewpoint in raising children. While father teaches children, mother pampers and protects them. When parents teach children, she intervenes. Since then, children will not have the right conception and will always hide in the "protection umbrella". When children violate the law, it is a violation of administrative, civil regulations as a heavy case or criminal as a serious case, parents find ways to bribe so that they are not handled by the law. Some families are not exemplary and violates the law (gambling, alcohol, theft, criminal records ...), so they are not sufficiently knowledgeable and are not qualified to fully guide social norms for children, there is no reasonable teaching method. Consequently, children will underestimate themselves and their family Nghiên cứu trao đổi ● Research-Exchange of opinion 27 members, leading to low self-esteem, depression and negative susceptibility. Brutal treatment of parents with children such as beating or cursing when they make mistakes will form negative personalities such as stubbornness, revenge intention and it is very easy for them to participate in groups with the same personality, like to fight, find ways to relieve the inhibitions they have to endure. They turn frustrations from their parents’ punishment to others by destructive, aggressive, fighting acts. For example: On the morning of July 27th, 2017, while Thach H and Thach ST were talking and drinking, they had a quarrel. Thach ST used his hand to hit Thach H's head but H dodged it and Thach H used his right hand to hit Thach ST twice. Then Thach H went downstairs to get a knife about 25cm long (a spear) to the front. At this time, Thach H saw Thach ST leaving, so he chased him and used his right hand to hold a knife and cut one piece from his back from the top down and it hat the head and temple. Then, Thach H removed the knife at the scene and went into the house, while Thach ST was taken to the emergency room by the relatives at CN District General Hospital. On August 7th, 2017, he was discharged from hospital. Through assessment, the disability rate of T was 33%.51The case file showed that Thach H lived in the family with many relatives violating the law such as H's father who had 2 criminal convictions for intentionally causing injury, 01 criminal record, H himself also had a low level of education. Therefore, in the locality, H was a stubborn man, learning by his father's nature, ready to use force to resolve conflicts, even if it was the smallest contradiction. 5 Judgement no 05/2018/HSST dated 27, April, 2018 of the People’s Court of province Tra Vinh All the causes from that family can lead to the formation of a class of young people in society willing to use violence to resolve conflicts, using violence to resolve conflicts. That is the root cause of the violation of the offenses of HHI in the Southwest provinces. All the family causes can lead to the formation of a class of young people in society willing to use violence to resolve conflicts. That is the root cause of violation of HHI offenses in the Southwestern provinces. 3. Negative factors in the educational environment Characteristics of the Southwestern provinces are flood season every year. In the flood season, the flooded water makes many people living in the watershed such as An Phu (An Giang province), Tan Chau (Dong Thap province) and Dong Thap Muoi (Long An province) even more difficult. Students in flooded areas are very arduous due to ferry, muddy roads, flood. In order to reach the school, not only do they have to cross dozens of kilometers of land but they are also unsteady on boats and “slings” in the fast flowing water. It is from this difficulty that many students in flood areas have not been to school or go to school in very difficult conditions. Therefore, studying in these areas is still limited, not being properly concerned. Besides, like many other localities, currently most schools in the Southwestern provinces mainly carry out the teaching of knowledge to students, not focusing on teaching living skills. The educational program also underestimates the practice and application of knowledge. The education 28 Nghiên cứu trao đổi ● Research-Exchange of opinion methods are largely passive and imposing and do not apply active teaching methods, so it does not promote the creativity and activeness of students. The tests, examinations and evaluations are backward and unreal. In some places, students are overcrowded due to too much private lessons. Many students from poor families have no conditions to take private lessons, so they cannot keep up with the program, so they are tired of learning because of the lack of fairness in education and loss of trust in teachers. The results of social surveys for 120 form teachers and teachers of civic education at upper and lower secondary schools show that only 11% of respondents answered that the school held quarterly meetings on the content of law and living skills for students; 31% answered that it was infrequent; The remaining 58% answered that there was little or no.61 4. Negative impacts of socio- economic environment In the market economy, despite being incomplete, the market economy has made a difference, increasing social stratification among the population classes. Currently, inequality mainly occurs between urban and rural areas and is increasing; The level of internal inequality is also increasing. The disparity in living standards is increasing, creating a social stratification in most social groups.72Income disparity between population groups tends to increase and the gap between urban and rural areas, between regions and between ethnic groups in the 6 Summary of the author's survey results on education of living skills for students. 7 Lai Hoa, Rich-poor gap between remote and distant places, Electronic Newspaper of Voice of Vietnam, course: https://vov.vn/xa-hoi/chenh-lech-giau-ngheo-giua-cac-noi-ngay-cang-xa-851430.vov, dated 13/12/2018. 8 Tran Huu Trang (2011), Victims of crime, Vietnam Education Publishing House, page 19. 9 Tran Huu Trang (2011), Victims of crime, Vietnam Education Publishing House, page 24. Southwest provinces as well as the whole country are still significant. The urban stratification is strongest, then to rural areas. Increasing social stratification makes rich - poor gap wider. Social inequalities that exceed reasonable limits can cause instability, negativity and social conflict. Social stratification creates diversity in the patterns of rich and poor lifestyles. The poor, especially ethnic minorities, are poorer and poorer compared to the living standards of the rich. Inequality has and will cause negative reactions. In addition, the implementation of democracy at the grassroots level has not been guaranteed, it has been provoked and manipulated by bad guys, so the people feel annoyed, easy to commit acts of violating the law, infringing upon life, health of others when bad situations occur. 5. Causes from victims In the crime of HHI, there is an important cause, which is the fault from victims. Victims of crimes are individuals and organizations that suffer from consequences about their lives, health, mental issue, emotion, property or other legitimate rights and interests caused by direct offenses.83Victims of HHI crimes are individuals who suffer from physical and mental damage. It is necessary to distinguish 2 cases: victims at fault are the case their behavior could be a cause of crime development or the conditions for crime to implement.94The victims at fault are the victims who have committed acts, behaved not in accordance with moral standards, laws, Nghiên cứu trao đổi ● Research-Exchange of opinion 29 facilitated or promoted criminal acts to be done. In other words, the victims’ behavior and criminal acts are closely related to each other. The victims’ behavior is one of the motivating factors, giving rise to crime, such as the case where victims lack knowledge of the law, leading to conflict with the accused in understanding the problem; or victims like to show off; it can also be a disdain, disregard for being a low or poor cultural person; It can also be victims’ betrayal in borrowing money and property. Or the victims have an unethical lifestyle, violating against the law. It is also possible that the victims have the ability to defend themselves weakly, not alert to the attack of the accused after events such as quarrels, land disputes, traffic collisions, although they have been reconciled but revenge may still happen. Especially the crime is due to being strongly agitated by the victim's fault. A typical example is Nguyen Van Thanh case in Kien Giang. On the night of December 7th, 2017, Thanh was drinking with Nguyen Minh Van, 42 years old and others at Mr. Vo Dinh Trong’s inn, in area 2, Duong Dong town, Phu Quoc district. After a while, Thanh went to sleep first. After a while, when the party ended, Van also returned to his house, but due to opening the door and causing a loud noise, Mr. Trong (the owner of the inn) stepped out to remind Van, they had a quarrel and a fight. At this time, Thanh woke up and saw the owner was beaten by Van. Although it was not related to him, instead of interfering, Thanh rushed to defend Mr. Trong and pushed Van to fall on the floor and was unconscious, the next 10 Judgement no 20/2017/HSST dated 5, August of the People’s Court of province Kien Giang morning the victim was deceased at the hospital.10 In summary, the negative factors in the living environment, including negative factors in the family environment, the educational environment, the socio-economic environment as well as inappropriate behaviors and attitudes of victims are factors of the causes and conditions in the interaction relationship the subject elements of the crime that will give rise to HHI acts. Research that clarifies the causes and objective conditions resulting in HHI offenses will be important amd indispensable bases in development of crime prevention solutions, in order to limit and eliminate the megative factors which act as the causes and conditions of the crime situation. Reference: 1. Lai Hoa, Rich-poor gap between remote and distant places, Electronic Newspaper of Voice of Vietnam, course: https://vov.vn/xa- hoi/chenh-lech-giau-ngheo-giua-cac-noi- ngay-cang-xa-851430.vov, dated 13/12/2018. 2. Survey results of 300 judgments of the People's Court of Southwestern provinces about SHHI 3. Pham Van Tinh (2008), Causes and conditions of the crime situation in our country today - Model of theory, State and Law Journal, No. 6/2008, Page 79-83; 4. Court of the Southwestern provinces, Judgement of SHHI in 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017. 5. Court of the Southwestern provinces, Report on the results of the implementation of basic operational aspects in 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017. 6. Tran Huu Trang (2011), Victims of crime, Vietnam Education Publishing House. 30 Nghiên cứu trao đổi ● Research-Exchange of opinion 7. Hanoi Law University (2006), Criminology textbook, People's Public Security Publishing House, Hanoi 8. Vo Khanh Vinh (2008), Criminology textbook, People's Public Security Publishing House, Hanoi. Author Address: PhD student – Course 7