Research On Prevention And Control Principle Of Corruption And Bribery Crime

Corruption and bribery crime is a kind of common but serious crime with a long history in China society. These crimes are the concentrated reflection of social contradictions and are enemies of the governing party. Corruption and bribery crime is a kind of profit crime which is acted by national staffs with their conveniences of position, and has close relationship with national power.These crimes will seriously violate the public power, lead to social conflicts, induce social risks, poison the social atmosphere, worse the relationship between government and the people, and ultimately threat the security status of the ruling party and the regime.According to current Chinese criminal law, corruption and bribery crime includes thirteen sorts of crime such as corruption, embezzlement, bribery, unit bribery, bribery in influence, offering bribes, offering bribes to unit, introducing bribes, huge amount of property with unidentified sources, concealing deposits abroad, dividing the state-owned assets and so on.Corruption and bribery crime are huge problems both in China and international community. From domestic practical, Chinese Communist Party and governments at all levels have engaged in economic construction, and also fought against corruption and criminal activities since new China was founded 60 years before and particularly since the reform and opening up 30 years before. Generally speaking, our national staffs are honest, fair and imperial, and have made positive and huge contributions to the developments of our nation. However, with the new developments and changes of social conditions, especially during the period of social transformation, the corruption and bribery crime are becoming more elusive and diversified. The scopes of the subjects of these crimes are expanding, the fields of these crimes are expanding and the chains of these crimes are lengthening. There are more and more regional-corruption, systemic-corruption,clan-corruption and collapse-corruption.So we still face serious and complicated situation of anti-corruption. And some national staffs, including a handful of senior cadres can't withstand the temptations of various desires for gain and misuse their conveniences of position to implementation the crime of corruption and bribery, causing very bad effects to society. Practice shows that the crime of corruption and bribery is increasingly becoming important impediments affecting social and political stability and modernization nowadays. If we shouldn't severely strike corruption and bribery crime, but sit by and watch these crimes breeding and spreading, our Part and Nation would in great danger.From the perspective of the international, corruption and bribery also exist in some western developed countries. For example, although United States is a democracy nation which has relatively perfect legal systems and abundant material life, corruption is still rife and serious in U.S.A. The Liberal Democratic Party of Japan even went down the political power stage because of their corruption. In a manner of speaking, almost every country has declared that they will definitely fight against corruption, but none of them achieved satisfactory results. So how to prevent and control corruption is a worldwide problem. No country has found effective countermeasures.The scientific and effective prevention and control of corruption and bribery crime is an important part of anti-corruption measures. Practice shows that the corruption and anti-corruption is a kind of political game. Corruption crime will lead lots of state-owned assets, money and resources running to the person in power. And bribery crime will seriously damage the economic basis and political order, and induce the chaos to national and social control. In a word, how to effectively prevent and control corruption and bribery crime is a major subject and common difficult problem in the whole world. But this problem must be solved. For resolving this problem, this dissertation bases on current situation of anti-corruption home and abroad, analyzes related legislation and theories of corruption, the essential conditions of these crimes, the policy of anti-corruption, the legislation of corruption, the rule of investigation corruption crime, the method to anti-corruption and the international cooperation of the prevention and control of corruption and bribery crime to have a more comprehensive and systematic elaboration and clarification on the knotty problems. This paper is divided into six parts, with approximately 140,000 words.Chapter ? is an introduction of this dissertation, which mainly focuses on the origin, definition an methods of prevention and control principle of corruption and bribery crime, the kind and legal feature of corruption and bribery crime, the purpose, meaning, the subject, the basic framework, thoughts and methods of this research. This chapter is providing premises to research and is the foundation of this dissertation.Chapter II discusses the phenomenon of corruption and bribery crime. In this chapter, the author researches on the current situation, the main feature, the serious social harm, the cause, the disciplinarian and the trend of corruption and bribery crime, especially focuses on conditions of corruption and bribery crime since the reform and opening up 30 years before. And the author points that the scopes of the subject of these crimes are expanding, the fields of these crimes are expanding, the social harm is increasing, the means of these crime are various,more complex and intelligent, the organization structures of these crime are systematic and these crimes will exist in a long time.So we face an urgent situation to prevent and control corruption. Also this chapter discusses the cause and the conditions of corruption and bribery crime. There are four elements which play great role in the formation of corruption. They are the element of power, the element of person, the element of system and the element of environment.Chapter III is mainly on the comparison and reference of dealing with the case of corruption and bribery crime and the policy anti-corruption at all times and in all countries. The author discusses the wisdom and measures of anti-corruption in ancient China firstly, then investigate the prevention and control measures and strategies of foreign countries, and finally researches on the seizing mechanism and handling mechanism of these cases to enhance the pertinence and operability of his theories in the circumstance of contemporary China.Chapter IV is the research on the legislation of corruption and bribery crime. Firstly, the author discusses the main problem of corruption and bribery crime from the aspect of Chinese current legislation. Secondly, the author studies on the evolution and trend of the legislation of corruption and bribery crime. Finally, the author expiores the method to improve and perfect the legislation of these crimes to enhance the capacity and effect of crime prevention and control. The author claims that we should increase the legislative level of corruption and bribery crime, punish the corruption more effectively and enhance the abilities and effects of preventing and controlling crimes.Chapter V focuses on the investigation of corruption and bribery crime and divided into three sections. Section one is a brief introduction of the investigation of corruption and bribery crime. Section two is about the basic goal and tactics of the investigation of corruption and bribery crime. Section three researches on the establishments and further developments of the investigation organs of corruption and bribery crime such as the Anti-Corruption and Bribery Bureau. Also, the author focuses on the specific measures of the prevention and control of corruption and bribery crime. After the comparison and reference of the anti-corruption measures of ancient China and foreign countries, we can improve and perfect the anti-corruption measures in current China.Chapter ? is the research on the prevention of corruption and bribery crime. The main content of this chapter are the basic definition, elements, attributes, target system and policy measures of the prevention of corruption and bribery crime. We should set up scientific objectives and establish a rational prevention system to minimum the social harm of corruption and bribery crime and to safeguard our people's rights and interests.In a word, the research on prevention and control principle of corruption and bribery crime is a inaugurated study with no precedents. Due to the limited space, this dissertation only intensively studies the social form, the cause, the comparison of anti-corruption policy, the legislation, the investigation, the prevention of corruption and bribery crime, initially builds up the principle of prevention and control of corruption and bribery crime. In the author's opinion, this dissertation will make contributes to enhance the capacity and level of the control of corruption and bribery, bring positive effects to combat, punish and prevent corruption and bribery and other corruption issues. Because of the author's field of vision and busy working, there must be many errors and mistakes in this paper. And I sincerely hope to get advises and suggestions from every professors and experts.