Psychological Prevention Of Official Duty Crime

Lately years, studies in our country on precautions against official duty crime are mainly focused upon questions such as phenomenon, characteristics, regular pattern of it, and upon measures strengthening administration, but studies on criminal psychology of it is so poor that there is no monograph on the psychological structure of official duty crime published. However, studies on the psychological structure of official duty crime can analyses essential factors of it, reveal the trace of the criminal psychology, not only have important theoretical significance in understanding its essence but also have extremely important value in raising the availability of precautions practices. This article applies new achievements in criminal psychology to studies on psychology of 0fficial duty crime, first of all advances the concept of official duty crime from the criminal psychology angles, and analyses the psychological structure of official duty crime, explained the formation process of the criminal psychology, and lastly probes into psychological precautions against official duty crime. The paper includes three parts.Part 1 Survey of psychological precautions against official duty crimeThere is no concept of official duty crime in The Penal Code. Scholars have respectively given it in criminal jurisprudence, criminology, sociology, ethics and political science angles, but up to now there is no concept of official duty crime in the criminal psychology angles. The writer holds that from the criminal psychology angle official duty crime refers to all acts that officials violate duty requisition and meet their needs in a way which our country disapproved, and give rise to harm to the functions of our country's administration, and ought to be dealt with according to laws and regulations.Official duty crime is on the premise of the formation of the corresponding criminal psychology which refers to psychological factors that effect and control officials to prepare and carry out particular actions we call them official duty crime. In static state, all criminal psychological factors link up mutually and form into the psychological structure of Official duty crime. In dynamic state, the criminal psychology has passed through a procedure of conceivement, development, formation and transformation. The criminal psychology of official duty crime is the internal reason, give backing to and drive these criminal actions. The criminal psychology of official duty crime possesses the characteristic of manipulating power for personal ends in essence, be various in forms, has an procedure of formation, and can transform. We can take psychological precautions measures against official duty crime in order to break off this procedure and finally prevent or cut down official duty crime.Part 2 Analyses the criminal psychology of official duty crimeThe psychological structure of official duty crime is a relatively stable combination of the official's psychological factors which have existed before putting it into practice and control the criminal actions when put it into practice. It is composed of cognition structure, power structure, self-adjust structure, personality characteristics structure. The formation procedure consists of period of personality defect, strong need, germinate the criminal intention, form the criminal motive and finally determine. The harmful result of negligent official duty crime is contrary to the original wishes of the official, but the harmful result is still caused jointly by him-self subjective reasons and the outside objective reasons. The act is influenced by the formation of psychology of negligent official duty crime.Part 3 Psychological precautions against official duty crimeIn the author's opinion, we should integrate those strengthening management and stop up all loopholes preventive measures against official duty crime which are taken universally with psychological precautions, in order to achieve the precautions goal effectively. In view of the above, the author suggest a new theoretical frame of psychological precautions against official duty crime: optimize the officials'psychological circumstances so as to weaken inducing force from the outside world; improve the officials'psychological structures so as to develop their immunity from official duty crime; enhance supervision and psychological corrections so as to break away with their psychological structure of official duty crime.The criminal psychology of official duty crime conceives and develops gradually in the circumstance which includes a large number of unhealthy factors. For this reason, it is a key link of the first importance to prevent the criminal psychology of official duty crime that to make great efforts to optimize the officials'psychological circumstances. The overwhelming majority of officials can observe disciplines and obey laws while only a few official duty crime simply because they have formed the criminal psychology of official duty crime. For this reason, it is an essential way to prevent the criminal psychology of official duty crime that to overall improve the officials'psychological structure and improve the officials'psychological health conditions by means of improving the officials'psychological cognition structure, optimizing their psychological motive power structure, strengthening their psychological adjusting structure. After the psychological structure of official duty crime has formed, it can still continue developing influenced by the subjective and objective factors. The developing direction depends on the comparison and change of the negative factor and the positive factor. For this reason, we should impel to disintegrate their psychological structure of official duty crime by means of strengthening supervision over duty acts, correcting the officials'psychological mistakes, punishing severely official duty crime.