The Mechanism Study About Duty-crime On Integrating Punishment And Prevention Work

The duty crime as a kind of crime, the serious social harmfulness about duty crime has been widely recognized, then how to carry on the effective prevention and controlness, is always the focus of public attention. The procuratorial organs is the legal authority about duty crime,which is prosecuted with punishing crimes, however the statutory functions and duties as a punishment of crime prevention work outspread, are procuratorial organs and inevitably the important content of the legal supervision function.The prevention of duty crime can fundamentally reduce and eliminate the duty crime. Because the duty crime prevention work carried out late by the procuratorial organs, and in the development process, there have been some problems and the insufficiency, especially disjointing and the imbalance about the duty crime punishment and prevention,which is a serious impact on the actual effect of duty crime prevention and control.Through the analysis, we believe that the procuratorial organs deals with the crime by taking advantage of duty prevention and control system's movement to carry on "integration" working mechanism. Implements the crime by taking advantage of duty punishment and the prevention"the integration"working echanism,clarifying the investigation and prevention department, eliminating the overlapping functions and responsibilities, and then realizing the duty crime conflict prevention and punishment function optimization and effect, lastly containing the crime by taking advantage of duty effectively the occurrence.In reference to the foreign and Chinese Hong Kong about punishing and preventing position crime based on the experience of the effective combination, and in some parts of China's procurator organs, and puts forward effective exploration in the procurator organs of post criminal punishment and prevention "integration" work, such as mechanism of institutional construction and operation mechanism of the establishment and practice of ideas. The hope can produce some enlightenment to the judicial practice.