Social Transition Countermeasures Against Corruption Crime

At present, with the acceleration of the process of economic globalization, rampant corruption and crime are growing, such crimes will not only cause a great loss to public property, and will do great harm to the national system for the Independent Commission Against Corruption, and even endanger the country's economic security and political stability, for the broad masses of the people hated by. Since December 1978 China held the Third Plenary Session of the Communist Party of China, the China officially entered into the society during the period of transformation, in so far in a short span of two decades, China has attracted worldwide attention for the earth-shaking tremendous changes. However, along with rapid economic growth, the deepening of reform and opening up the expansion of the various negative and corrupt phenomena in the growth and spread gradually to the serious problems of Chinese society, on the formation of a threat to social stability, as the crime of corruption, one of the important manifestations of corruption and crime in our society in transition against the backdrop of this no doubt is in a high stage. Therefore, the transition period of China's corruption problems of crime, no doubt with a criminal theory and practice of double value. In this paper, through in-depth to explore corruption and crime in the transition from hyperplasia, hyperplasia of corruption arising from criminal harm, analysis of China's anti-corruption work in the development of crime, corruption and criminal interpretation of the existing structure, which was found from the current criminal legislation of China's corruption of the defects, and to seek the path to solve the problem, hoping to improve the corruption legislation and the guidance of modest means to make judicial practice. In this paper, a total of more than 36,000 words, is divided into three chapters :Chapterâ… for China's social transition outlined in the situation of corruption and crime, mainly introduced the following areas:First, corruption and the scope of the concept of crime. Through a comparative analysis of criminal law scholars and the judiciary of corruption and crime, the definition of the concept and scope, we think that corruption in a broad sense refers to the perpetrator of corruption, embezzlement, dividing public property, available, accepting bribes to undermine the honesty of official acts sex, or national staff, state-owned units for the object of bribery, bribe official acts of the general term for a class of crime. Including : corruption, embezzlement crimes, taking bribes, bribery, unit for taking bribes, bribery of units, unit bribery on bribery, the crime of a huge amount of property of unknown origin, outside the deposits to conceal the crime, the crime of dividing the state-owned assets and private fine points were more than 10 charges of crimes. However, a large number of current judicial practices are the existence of corruption, bribery and embezzlement of public funds, these types of crimes, these types of cases accounted for by the legislation of corruption and bribery cases run more than 95% of the total. Therefore in this article the author only by judicial practice in criminal investigation and handling of corruption in the larger proportion of the analysis of several crimes.Second, corruption and crime in transition characteristics. Mainly reflected in: Crime diversification, expansion of the field of crime; diversification of criminal means, and more hidden; involving larger than the pre-transition, high-level people involved.Third, corruption in transition against the proliferation of crime. Mainly manifested in the following aspects: First, the impact of the modern market development and implementation, such as from the current situation, corruption and bribery, such as the development of the spread of corruption, has to some extent, against the China's current economic development, serious prejudice modern market economy and development, if left unchecked, has done absolutely nothing will be changed a number of reform measures deformation, economic development will be twists and turns and even a big setback for decades the fruits of reform and opening-up will be destroyed very quickly; Second, the impact of the social stability and the reform and development. At present, China still at the stage of society in transition, many measures are still inadequate to provide a small number of corrupt elements of the opportunity, taking advantage of loopholes in the beginning of reform and opening up much of the misappropriation of the state, the collective assets, or corruption, theft, fraud embezzlement, and public for private, lavish; or the use of hands in charge of financial, personnel, land, materials, such as some kind of power, bribery big, not to the advantage of not act, the benefits of chaos to the act, directly or indirectly undermine the national economic construction, so the ultimate impact of the social the reform of the stability and development; Third, the corruption of the social damage to the image of the party and government organs. Most crimes of corruption and government agencies took place in them the image of the party and the government which resulted in direct harm, there will be the cohesion of the party and government, significantly weakening the attractiveness of social organizations and the government declined to intervene or distorting forces. In this way, the lack of community on the process of rapid modernization of the need to coordinate forces will be extremely slow pace of modernization.Chapterâ…¡for China's social transition of the reasons for corruption and crime analysis hyperplasia, mainly introduced the following areas:First, the system deficiencies. Mainly as follows: over-concentration of government power, government officials greater powers; the relationship between government and enterprises will not ring true, title unknown mechanism; Independent legal system is not perfect, weak punishment of corruption crimes.The second is to monitor the loopholes. Mainly as follows: inadequate oversight mechanisms; oversight bodies are not fully effective.Third, the negative effects of the market. Mainly for: unfair allocation mechanism, and fueling the crime of corruption and acts of desire; transition changes in property rights, in order to provide a breeding ground for corruption and crime; economic activities of the "dual track", leading to the power of "rent-seeking" swamped.Chapter III for the transition of Chinese society of corruption and crime prevention measures, mainly the following aspects:First, the party's work style and clean government and improve accountability, strengthen the awareness of prevention and control. I believe that from the following two main aspects: (a) attention to ideological education, improve the moral standards of public officials. (B) firmly implement the Party style and clean government accountability.Second is to increase transparency in decision-making, strengthening social supervision. I believe that to be from the following three major aspects: (a) the achievement of administrative affairs, increase the transparency of government decision-making. (B) attention to the people, mobilization of civil anti-corruption initiative. (C) play the important role of media supervisionThird, deepen the reform, limiting government intervention in economic activities. I believe that from the following two main aspects: (a) to deepen political and economic structural reforms to achieve the transformation of government functions. (B) administrative interference in economic activities should insist on openness, equality, the principle of random. Fourth, development trend of master criminal corruption, improve the legal system of China's anti-corruption. Mainly includes three aspects: First, to develop and improve the anti-corruption legislation. At present, our efforts should be made to overcome the loopholes in supervision and to speed up the anti-corruption legal system, according to China's market economy development in the new situation and anti-corruption process of the new situation, the timely amendment and formulation of relevant laws to prevent and punish corruption and crime to adapt to the development of the situation, so that forward-looking anti-corruption legislation; to overcome blind spots legislation, so that legislation be comprehensive, covering as much as possible all aspects of economic and social life; based on the actual operation, so that legislation operational. I believe that the main from two directions to improve our anti-corruption legislation: The first is the development of relevant administrative regulations, and the other is to improve the relevant criminal legislation; Second, the establishment of an independent anti-corruption specialized agencies. Although the prosecution at all levels with corruption, bribery prosecution, but the agency also bear on the tax evasion , trademark counterfeiting and other criminal investigation work, should be divided in order to achieve the anti-corruption crime reports, investigation , prevention, integration of information. Therefore to improve the organization of specialized investigators and their rapid reaction capability and adaptability, the establishment of an independent anti-specialized agencies should be required; Third, strict law enforcement, increased penalties for crimes of corruption. Not only through effective mechanisms and institutions to ensure the administration of justice officials, according to law, and punish corruption, but also through the party and state laws and regulations and discipline of law enforcement agencies clearly defined the position, role, duties and so on, to ensure the supervision, inspection and punishment effectiveness. I believe that strict enforcement of the law needs to be done to achieve the following two points: first, increase the probability of conviction of crime of corruption. Second, increase the punishment of corruption crimes.