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作业代写:Duty crime

2018-09-10 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Duty crime,供大家参考学习,这篇论文讨论了职务犯罪。职务犯罪,就是职务上的犯罪,指的是具备一定职务身份的人故意或过失地实施与其职务之间具有必然联系的、触犯刑律应受刑罚惩罚的各种行为。职务犯罪的影响非常大,会直接危及国家政权的稳定以及法治建设。另外还降低了公众的道德标准和社会凝聚力,加剧了社会的失范状态。

Duty crime,职务犯罪,essay代写,paper代写,作业代写

Prevention of duty crime is a hot issue concerned by modern countries and one of the strategies to solve the corruption problem in China. It requires the state not only to have special laws and regulations on the prevention of duty crimes, but also to have practical and effective preventive measures in line with the national conditions. But from practice, our country is in the transition period of planned economy to market economy, preventing duty crime is facing a severe test. In order to achieve the goal of effective prevention of official crime, it is necessary to improve the legal system and political and economic system. The prevention of duty crime is a subject of theoretical and practical value. This paper tries to discuss the countermeasures of the prevention of official crime from the meaning of official crime, so as to be helpful to the prevention of official crime and the fight against corruption.

The scientific definition of duty crime is the premise and foundation of combating and preventing duty crime. At present, there are several views on the concept of duty crime in China's legal circle:

According to the first view, "the so-called duty crime, also known as the duty crime, refers to the general term for the intentional or negligent execution of all kinds of behaviors that are necessarily related to the duty and should be punished according to the criminal law." The second view holds that "the so-called duty crime in China is the general term for the crime of a kind of duty specified in the criminal law of China and the decision of the NPC standing committee. It refers to the act of a national public servant or a public servant who takes advantage of his position, or abuses his power and does not discharge his duties to undermine the state's management of official activities and should be punished according to the criminal law." The third kind of view is that "the duty crime, is refers to the staff, the state-owned enterprises staff or other staff by taking advantage of his illegal activities, or to work seriously irresponsible, fails to perform or not perform their duties correctly, undermine the management function of duty behavior, behavior in accordance with the criminal law shall be punished with criminal penalty." A fourth view, "the duty crime, is refers to the state personnel and personnel engaged in official duties according to law by taking advantage of his office, or to work seriously irresponsible, fails to perform or not perform their duties correctly, undermine the management function of official activities, causing serious losses to the state and the people's interests, in accordance with the behavior of the criminal law shall be punished with criminal penalty." The fifth view holds that "duty crime is the general term for the criminal ACTS committed by a national public servant by taking advantage of his position to carry out illegal activities, or by abusing his power, neglecting his duty, detaining his personal conduct and committing malpractices to undermine the state's administration of duty behavior, which shall be subject to criminal penalties according to the criminal law."

From what has been discussed above, the author thinks that, to make the following statement: the concept of duty crime should be duty crime refers to the state public servants by taking advantage of his office, abuse of power, dereliction of duty, malpractice detained private, the destruction of the intent or negligence to the implementation of the national management function of official activities, all kinds of crimes in accordance with the criminal law should be punished with criminal penalty.

First, it directly endangers the stability of state power. The ruling status of the communist party of China is based on close ties with the people and serves the people wholeheartedly. The party and government enjoy high prestige among the people and the political power is very stable. But with the reform and opening up and the development of economy, the problem of corruption is becoming more and more serious in China during the transition period. State functionaries used their position to dissimilate the increasing number and amount of public power for personal gain, which seriously damaged the relationship between the party and the people. Official crime is the most serious form of corruption, its breeding and spread directly related to the survival of the party and the country. It can be seen that official crime has become a major political issue that endangers the stability of state power. Second, it undermines the building of socialist democracy and the rule of law. The fundamental duty of state functionaries is to uphold the socialist rule of law and strictly enforce the law. If a state functionary violates the law by enforcing the law and USES his power to trample on the law, he will inevitably violate the dignity of the socialist legal system and undermine the lofty status of the socialist legal system in the hearts of the people. In particular, duty crimes of judicial personnel seriously damage the impartiality of the judiciary, make the restriction of power virtually empty, and then breed and promote more serious corruption, seriously hinder the implementation of the basic strategy of the rule of law, and delay or even kill the process of national rule of law. Third, it hinders the modernization of administration. State administrative power is specifically exercised by state personnel. Crimes committed by state functionaries inevitably lead to the failure of the implementation of national laws and decrees, the failure to achieve fairness and justice, the failure to guarantee public interests, the weakness of state administration, the low efficiency of government operation and the increasing difficulty of administrative reform, which hinder the modernization of administrative management.

First, it is not conducive to the implementation of the government's development plans and policies. As a result of official crime, state workers have lost their public goals and sense of public responsibility. They are eager to use their power to enrich their personal pockets, which will inevitably lead to low work efficiency and hinder the fair and efficient implementation of government policies, regulations and development plans. The crime of appointing nepotism and buying official positions has led to the rejection of those with real talents by the government, the low quality of the state staff and the distortion and even failure of the government's development plans and policies. Second, it is not conducive to the country's capital accumulation and expansion of investment. Official criminal ACTS often cause great losses to the economic interests of the state and the collective, lose valuable funds that should be used for investment and expansion of reproduction, and undermine the country's capital accumulation and expansion of investment. Third, it is not conducive to the rational allocation of resources. A small number of state workers take advantage of their functions and powers to control the materials in short supply, which are exclusively controlled by the state. In allocating resources, they decide not on the actual ability of the enterprise, but on the amount of bribes paid by the other party, which leads to huge losses and waste in the allocation of national resources. Fourth, it is not conducive to attracting foreign investment. Attracting foreign investment and loans is an important policy of our government to realize economic growth. But the severity of job-related crimes by state workers is often a big factor in the decision of foreign investors to invest in loans, unwilling to use "the money of the rich and poor to feed the rich in poor countries. Some state workers also target foreign investors for extortion, deliberately making them reluctant.

One is to reduce public moral standards and social cohesion. A few state personnel duty crime not to be punished and control on time, will be moved to a person of integrity of moral norms of the state functionaries determination, prompting change their concept of value, to follow suit, results in the decrease of social moral standards, the government authority to drop, lost in the public sense of justice and authority, can't again to the affections of the coagulation function. Second, it intensifies the social anomie. Moral and legal norms are important means to restrain people's behavior and ensure public interests and public order are not violated. If the state staff does not comply with these norms, it will lower the status of ethics and legal norms in people's mind, and lead to a sharp increase in unethical and illegal behaviors, a rising crime rate, and a chaotic and irregular situation in the whole society.

At present, duty crime has no fear of bullying, wreaks havoc and punishes the duty crime to produce the psychological deterrence to prevent duty crime has played a greater role. Both theory and practice have proved that the deterrent power of law, including criminal law, is derived from the rigor of law, the timeliness and inevitability of punishment. Can, therefore, how to make the threat of legal action from the overall enhancement and be able to give full play to, can more effectively prevent position crime, the author thinks that our country is in the primary stage of socialism and the early stage of socialist market economy, from the actual situation, prevent position crime is a system that is not a simple job, rather than rely on some kind of means can be achieved, but starting from the actual situation, according to different reasons, adopt corresponding countermeasures. Here's a rough thought:

Restrict power with system, make market economy develops toward benign direction. A system is a code of conduct or a code of conduct that organizations and individuals in a society must jointly observe. The stability, compulsion, and clarity of consequences of a system can regulate, govern and regulate the organizations and individuals in society. It does not change with the change of leaders or their subjective likes and dislikes. To reasonable configuration power system, to research power in the decomposition and the concentration of each link should be constrained, at the same time must consider the nature of power, such factors as the position of high and low, to integrity efficiency, clear responsibility, restricting the transparent for the principle, in the rule, the respect such as operation realize restricting power, the purpose of prevention of duty crime. We will establish and improve relevant systems to ensure the proper exercise of power, including reforming the administrative examination and approval system for investment, credit land lease, import and export licenses, stock issuance and listing, implement the government's public procurement system, gradually implement the policy of salary maintenance, constantly improve the retirement security system, and use new and high-tech means to guarantee the system. Meanwhile, for the purpose of controlling the absoluteness of power, various measures are taken to strengthen the supervision of the process of power operation, so that the capitalization of power can be effectively controlled to a certain extent.

Economics and politics go hand in hand, influencing and penetrating each other. Therefore, in the transition period of our country, economic factors are the causes of duty crime. To eliminate corruption, we need to work on market reform. Including accelerating "denationalization" transparent, break the monopoly, economic liberalization gradually, simplifying the tax laws and regulations, completely eliminate arbitrary decisions, exemption and administrative control of the economy, moderate and the unified tax rate, enhance transparency of financial revenue, accelerate the realization of the marketization of the financial sector, government procurement to realize marketization and enhance transparency, etc.

The effective prevention of official crime depends on the severity of measures on one hand and the rigor of laws on the other. Legislation as one of the measures to prevent official crime is based on a highly mature system. At present, there are laws to prevent official crime, according to the actual situation of our country, we should perfect the current law, and establish strict civil servant management, property declaration and other legal systems related to the prevention of official crime.

Criminal law is the basic legal basis to punish duty crime. Although the revised criminal law in 1997 absorbed and inherited the original scientific and reasonable elements of the criminal law in 1979, two chapters, namely the crime of embezzlement and bribery and the crime of reading duty, were set up specifically to provide a relatively comprehensive legal basis for combating official crime.

The auxiliary law is a supplement to the existing law and a necessary component of the prevention of duty crime. For example, the establishment of basic norms, constraints on national staff behavior; To enact laws and regulations on property declaration to enhance the transparency of individual income of state workers; To formulate laws and regulations for the prevention of official criminal entities and the office of internal affairs to enhance judicial effectiveness; We will also formulate and implement individual income tax system, estate tax system, safeguard system for the identity of the law enforcer and the economy, and safeguard system for judicial organs.

To truly bring the prevention of official crime into the orbit of the legal system, in addition to the need for legal basis, there should also be specialized agencies to carry out the function of preventing official crime to ensure the realization of the law. At present, the departments of discipline inspection, supervisory organs and people's procuratorates are responsible for punishing official crimes. According to the party's 15 big established anti-corruption pattern and the relevant provisions of the current criminal procedure law, under the unified leadership of the party, the discipline inspection organs shall be responsible for the organization and coordination of the punishment of corruption, and is responsible for violations of CPC party disciplines, the procuratorial organs shall be responsible for duty crimes conducting investigation and initiating public prosecution case, this is anti-corruption pattern with Chinese characteristics. From the actual situation of our country, it is necessary to set up a special and independent office crime prevention institution with higher status and authority.

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