A Ponderation On The Legislation Of Prevention Of Duty Crime

Starting from discussing the contradiction between the realistic need of the prevention of duty crime and the lagged system of it, the author develops his paper with a unique ponderation on the issue of legislation of the prevention of duty crime. As an important aspect of establishing a system for combating and preventing corruption by equally emphasized means of education, system and supervision, prevention of duty crime has been fast developed as a newly increased procuratorial work. However, there is no direct and concrete law of prevention of duty crime, which leads to awkward situation of "no law can be employed". In such a manner, this paper argues that to make a law of prevention of duty crime is essential.According to the above mentioned, this paper has an in-depth study of the issues related to the prevention of duty crime from 6 approaches. The introduction part of the paper mainly discusses that the hamper of the pirevention of duty crime lies on the lack of law. Part one predicts the booming developing tendency of the prevention of duty crime through practical analysis and historical review. Part two analyses the necessity and base of the legislation of the prevention of duty crime. Part three provides a legislation mode of prevention of duty crime, which consists the specific law of prevention of duty crime and other laws and regulations, by analyzing the legislation modes of prevention of duty crime of foreign countries and Hong Kong. In part four, the author gives out his own preliminary design of the legislation of prevention of duty crime from the angles of the purpose of legislation, basic principles, employing scope, enforcing subject, general subject, regulative object, object and contents. Besides those, the author also discusses the legal responsibilities and remedies of the law of prevention of duty crime. Part five reaffirms that legislation of prevention of duty crime plays an important role in the process of anti-corruption in China.The unique character of the paper perhaps lies on the specific design of the legislation mode of prevention of duty crime and the creative idea of co-existence of the enforcing subject and general subject on the base of the current situation of China, thus providing fresh system views for the law makers.