Study On Duty-Related Economic Crime Of State Personnel

The duty-related economic crime committed by state personnel possesses both the characteristics of economic crime and duty-related crime, which is by nature corruption of power that contains severe harmfulness. The fundamental conception of it is that this crime is committed by state personnel who has made use of the convenience of his duty so as to occupy, misappropriate and abstain unlawful economic interests. Because of the great harm it does to economic order and right of property, this crime violates criminal law and therefore deserves punishment. According to different motives of crime, it can be classified into four types: financially-difficult type, pleasure-seeking type, greedy-for-moneytype and sensual pleasures-indulging type. Due to various modes of conduct, it can be divided into following types: occupation type, misappropriation type, profit-making type and transaction type. The features of this crime in recent years contain four aspects. Firstly, the cases on file for investigation are rising year by year and major cases grow relatively rapid. Secondly, important cases are increasing rapidly and quite a few high-ranking officials were involved in those cases. Thirdly, the crime committed by the particular " there organizations and one department" becomes more prominent. Finally, the so-called "aged fifty-nine" phenomenon becomes increasingly severe. The tendency of the crime is, first, neither the crime can be brought under control effectively, nor it will develop and spread quickly; second, new forms of crime will continuously emerge. Third, the crimes of " there organizations and one department" are still on the increase; and last, the subject and object of such crime tend to be more complicated and this crime will become more severe in a certain period after china's entry into WTO. The roots of the crime are multifarious. The economic roots lie in the long-term existence of principal social contradictions and negative influence of market economy, and also the irrational distribution system of interests. The imbalanced power-checking mechanism, imperfect legal system, unhealthy tendency of choosing personnel and severe bureaucracy are the political roots. As for the ideological and cultural roots, there are mainly manifested in the degenerate ideology of feudalism and capitalism and the influence of Confucian bureaucratic culture. The ways to prevent this crime are classified into two levels, that is, the general strategy and concrete operations. The former includes development ofproductivity; promotion of both material and spiritual progress; advance in political and economical reform; consolidation of the Party's work style; progress in the course of rule of law; implementation of the policy to grasp firmly all-round progress; adherence to the idea of "seeking both temporary and permanent solutions by combining hitting with prevention." As for the latter, we must implement the operating mechanism of related work of prevention; strengthen the institutional administration of market economy and state personnel; consolidate supervision and check of power; lanch the ideological and political education; give full play to preventing function of administration of justice.