Causes And Solutions Of Crimes By Taking Advantage Of Judicial Duty

At present, the trend of judicial officers's duty crime has intensified, as a major research project, which has received wide public attention. Judicial officer who, as the implementation of judicial power, on behalf of the social fairness and justice. Therefore, once law enforcement officers break the law, its impact must be very bad. This not only damages the credibility of Justice, challenging the authority of the judiciary, but also seriously affects the establishment of a harmonious society. On this basis, this article focuses on the analysis of the background of crimes committed by judicial officers to reveal the problems of punishment and preventive measures, and combining with experience abroad, proposed measures for China's national conditions.The first section describes how to define crimes committed by judicial officers.Then look at the modern crime, analyze the characteristics, including specialized subjects, variety of crimes, and a wide range of other types of crimes. On the basis of the first part ,the second one summarizes the background of job-related crimes. including subjective reasons and objective reasons: the lack of monitoring system, inadequate laws and regulations, the imperfect of judicial protection system.The third part studys countermeasure of abroad and relevant regions, including the United States, Japan, Korea, Singapore and Hong Kong and other regions. Most have enacted special laws and regulations to provide for job-related crimes, implement the property declaration system to open and transparent officer`s property, besides they also set up a special independent oversight body, and give full play to the supervisory role of the public. Abroad focus on the combination of prevention and punishment, especially pay more attention to the role of prevention.The fourth part is the basis of these studies. According to the situation in our country, learning from foreign experience, proposed a series of recommendations: combining education and punishment, focus on education, strengthening of judicial ethics training , establish the correct values and concept of power; strengthening public participation, improving the state supervision and control mechanisms; implementing financial disclosure system so that the property of the civil service transparency and openness; perfecting related laws and regulations, and judicial protection measures to effectively prevent crimes committed by judicial officers. This article is collected in the synthesis of the literature based on the analysis to put forward personal views. The main research technique is literature research, comparative research and deductive reasoning. Collecting all the judicial staff crimes laws, regulations, departmental rules and regulations, which have been promulgated since the founding of our country. and learning of different scholars, analyzing from different angles, comparing with other countries` legal system to find our shortcomings and learn their experiences. the use of deductive reasoning method proposed duties of judicial officers to prevent crime and improve the proposed future direction. The method is the use of deductive reasoning to propose future direction of preventing judicial officers'duty crime and improving the solutions.