| In recent years, the crimes of watchman taking advantage of their duties have been increasing. The countermeasure for preventing and controlling duty crimes is a subject with rich content, it involves in politics, economy, law, moral and culture. We need to utilize various kinds of measures, mobilize powers of the whole society, to create a favorable social environment for striking and preventing crimes of watchman by taking advantage of their duties. Besides, we should take all-round education to them, to strengthen their individual qualities and keep them far away from duty crime. This text, from detention house, researches and discusses on preventing duty crime, and aims to strike, reduce, supervise and prevent watchman from committing crimes by taking advantage of their duties, and push the society go on the track of sound progress.The text has five parts. It in orders briefly introduces duty crimes in detention house, necessity in preventing duty crimes in detention house, reasons for duty crimes, draw lessons from foreign countries and countermeasures we should take.In the first part, it introduces the definition of duty crime and its features and types.Firstly, meaning of duty crime. There are three views concerning definition of duty crime. This text defines the duty crime as: deeds, which would be punished according to criminal laws, of state workers or other official personnel who take advantage of their duties in illegal activities, or misuse their powers, or irresponsible for their duties, destroy the administration of state in duty, and cause the state and the people suffer a heavy loss. It possesses four characteristics: the particularity of the subject of crime, the universality of direct object and consistency of the same objects, large harmfulness and hard to be solved. So, in nature, duty crime is the extreme appearance of abuse of powers and one of the most serious corruptions.Duty crime in detention house refers to watchmen commit crimes by taking advantage of their powers and abuse their powers out of state jurisdictions and public security executive power. Its characteristics are: specificity of the subject of crime, hidden in styles, seriously harmful to society and bribery and corruption characterized in power-money deal head the list.The second part, it discusses the necessity to prevent duty crimes in detention house of our country.From those revealed cases of police crimes, we learn that it is becoming worse and worse: 1. The crime rate of watch policemen increases. 2. The corruption of watch policemen in basic level is serious. 3. The situation of duty crimes in detention house is related to that of criminal crimes. So it faces a quite severe situation and it is high time to carry out prevention and control works. There are favorable basis for preventing duty crimes in our country at present: 1. From the nature of state, socialism has political advantages in controlling duty crimes. 2. From leading party, CCP is the solid core in struggle against corruption. 3. From social foundation, it wins strong support from the people. 4. From practical field, we have accumulated a lot of successful experiences in controlling duty crimes. 5. From social conditions, the favorable environment for controlling duty crimes is taking its shape. All the above supports guarantee the preventative works for preventing duty crimes is undertaken smoothly. It has important meanings to prevent duty crimes in our country: 1. It is favorable to control corruption and crimes. 2. It is helpful to punish those watchmen who commit crimes by taking advantage of their duties. 3. It is favorable to construct organs for supervision and administration. 4. It is favorable to push the development of anti-corruption struggle. 5. It is favorable to stabilize the reforming order of supervision and administration. 6. It is favorable to understand and correctly implement the new criminal law.The third part analyzes the reason for duty crime in detention house. The reason consists of five aspects: economic factor, team problem, abuse of system, individual mind factor and the macroscopical system problem. The economic factor refers to the negative impact of planning and marketing economics and the impact of the disparity between the rich and the poor; team problem refers that the age structure of the staff of detention house is not reasonable and the entire educated degree of the staff is lower, and the political quality of staff is relatively lower and they regard the legal consciousness and program consciousness are indifferent; abuse of system lies in the entry to public security department is so easy and the loose control, unperfected legal system, powerless legal supervision and bad managing and instructing work are also the reasons. The consciousness of protecting and maintain the legal rights and interests of the watched people is not enough so that the enthusiasm of work can not be effectively brought into play and most of the staff can not fulfill their own duties; the influence of individual mind factor refers the abnormal and malformed psychology, which is the"roll booster"of the corruption of the watchmen. The abnormal psychology consists of: being avaricious, lucky, compensation for the loses, investing for return as a trade and depending on the strong backing; the macroscopical system problems mainly consist of the three aspects: 1. the imbalance of the economic development in different areas restrains the longtime development of detention house. 2. The conflict of power structure leads to the imbalanced abuse when executing rights. 3. The holes of the watching system of public security as be bailed out with pending trial and be guaranteed out for being hospitalized are used by the illegal person in a special way, which cause corruption.The fourth part discusses the experiences of preventing duty crime in watching organization of foreign countries.In order to make sure the effect of the anti-corruption measures and the measures can give the badger hats powerful beat the foreign countries carry out many countermeasures for preventing duty crime in succession: 1. legislation is the preventive measure for anti-corruption. 2. Pay much attention to honest and clean education. 3. Establish the control organization for duty crime with high authority. In addition, the experiences of foreign detaining and watching system are good references for us: 1. The difference between spying policeman and detaining policeman. 2. Confirm the reasonable the workout of policemen to optimize the distribution system of policemen. 3. Enhance the interior prevention. 4. Pay much attention to the prevention of the key parts. 5. Pay attention to the exterior prevention of the system The fifth part expatiates the countermeasures, which shall be took for preventing duty crime in detention house.It is ought to be that the complexity of the reasons for the duty crime in detention house and particularity of the special situation of our country decide that the countermeasures for preventing the duty crime in detention house of China must be a updated and comprehensive complex system consisting of multi-means. Therefore, the corresponding countermeasures shall be set down and carried out in allusion to different reasons. In fact, one or several measures can not be enough to control the duty crime in detention house. In this article the following five aspects are considered as the keys, which shall be down for prevention: 1. Improve the cultural quality and sparkplug moral civilization; 2. Perfect the political system and eliminate the political factors for duty crime of policemen; 3. Deepen the grading management in detention house; 4. Actively search after and carry out new personnel management system in detention house; 5. Further establish and perfect the system and intensify supervising and restricting system to enhance the legislation of preventing the duty crime of watchmen in detention house.According to the above integrated analysis, I conclude the theory frame of the countermeasures for preventing duty crime in detention house. In special, it is the measure system with the combined effects from the four aspects. At first there are the social preventing measures killing the crime in cradle. At last there are judicatory measures punishing the crime. There is interior self-discipline mechanism inspiring the moral of public service. There is exterior restraining system guaranteeing execution of rights.
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