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A Study On The System Of Prevention And Control Of Crime By Taking Advantage Of Duty Of China

Posted on:2006-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360155975184Subject:Law
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After World War II, most countries have begun the modernized process in succession in the world. During this developing course, no matter it is a developed country or developing country,officers' corrupt problems are some big problems that have been perplexing these countries all the time. They cause social contradiction, cause the social conflict, play a destroying role to economic construction and political situation stability in corrupt activity, lead to a lot of countries being suffered. As China enters today's modernization drive and key stage for economic construction of market in an all-round way, oncoming force of the corrupt problem is violent, the range is wide, the endanger is strong to go beyond our psychological preparation. The corruption does not correspond to nature, aim of our party, the anti-corruption struggle concerning the success or failure of reform and opening-up of our country, concerning the rise and decline destiny of the party and country, is "severe struggle of the relation party and national final and decisive juncture". Under this kind of situation, I think, the crime by taking advantage of duty which is prevented and controlled, is of our country's society that develops into certain historical stage, as maintain social stability, economic development, social progress and one long-term strategic task that implement, is a judicial system of our country from attacking and moving towards attacking and preventing simultaneously, treats both principal and secondary aspects of disease , the behavior with progressively ripe administration of justice simply. This text uses the comparative research approach and research approach that the theory combines closely with practice because of this kind of current situation , carrying on deepen effective discussion by prevention and controlling system to crime by taking advantage of duty, and on how at present perfect of our country crime by taking advantage of duty prevention and control system putting forward several suggestions, regard one as the strength of making meager strength of construction of a clean government of our country. This text is divided into four parts: Part one recommended the current situation of the system of prevention and control of crime by taking advantage of duty and the defect of the system of prevention and control of crime by taking advantage of duty.The text considers ,the crime by taking advantage of duty in China is in a high causing period,the rate of occurrence of cases is very high for a long period,the money involved in the cases is more and more,the social rank of the criminal is higher and higher,the current situation of crime by taking advantage of duty is serious.The reason is that we don't have a perfect system of prevention and control of crime by taking advantage of duty.The defect of the system of prevention and control of crime by taking advantage of duty in China mainly exists in seven aspects. Part two introduced the current situation of the foreign system of prevention and control of crime by taking advantage of duty. The crime by taking advantage of duty has already become a problem of perplexing the international community for a long time. A lot of countries in the world are exploring actively, attempt to find an effectual method and means of managing crime by taking advantage of duty. Various countries have formed the value orientations of two kinds of following crimes by taking advantage of duty of administration progressively in the course of choosing: It is a system of prevention and control of crime by taking advantage of duty taking legal system as the core at first; Secondly, to contain the prevention and control system in the right state of the crime by taking advantage of duty for the main means through preventing. Finally, the legal system combines together with preventing the mode of prevention and control of crime by takingadvantage of duty. Part three recommended that system of prevention and control of crime by taking advantage of duty enter the way in history of our country, investigate the legal system of prevent crime by taking advantage of duty in ancient China;the legal punishment to crime by taking advantage of duty in ancient China;the moral control of crime by taking advantage of duty in ancient China;and the experience and defect of the system of prevention and control of crime by taking advantage of duty in ancient China. Part four carried on the concrete theory to structure in perfecting the system of prevention and control of crime by taking advantage of duty of our country. Based on absorbing the relevant experience and surveying ancient's experience and lesson of the system of prevention and control of crime by taking advantage of duty ,this part takes advise to construct the system of prevention and control of crime by taking advantage of duty in our new country's new period . The basic principle of structuring the system of prevention and control of crime by taking advantage of duty is mainly: Principle of leading which insists on the party, relies on the masses to support and participates in the principle, based on procuratorial work function principle, defended principle of combining, served overall situation principle, insisted on principle of seeking truth from facts to insist on to play to insist on. Because of this, to prevent and control to perfect and structure crime by taking advantage of duty prevention and control system is not to think from thought morals education system , society with law to prevent and control.
Keywords/Search Tags:crime by taking advantage of duty, the system of prevention and control of crime by taking advantage of duty, morals education system, law control
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