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The Reason And Prevention Of Judicial Staff's Office-related Crime

Posted on:2011-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:H LuFull Text:PDF
GTID:2166360305965595Subject:Law
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Judicial office-related crimes have always been a more prominent national issue, especially in China。According to work report of Supreme People's Procuratorate and Supreme People's Court in recent years, we may know that judicial office-related crimes are not decreasing or increasing year by year, but maintaining at a high level like a wave in our country, it seems that our Judicial office-related crimes situation is more serious. This phenomenon not only tarnished the image of the judiciary, and people will lose faith in justice. Which easily lead to all kinds of contradictions, is not conducive to social stability and economic development, and has greatly hindered building a socialist harmonious society through scientific concept of development in China.To study, analyze and solve this problem, we must first figure out what is the administration of justice personnel. In my opinion, we should insist on official says. Namely:as long as the exercise of investigation, prosecution, trial, supervisory duties, no matter on which he is not a member of the judiciary staff, are known as a judicial staff. Judicial office-related crimes charges mainly related to two categories:the crime of corruption, bribery and dereliction of duty. Specific, including embezzlement, bribery, extorting confessions by torture crimes, the crime of being capricious and arbitrary, capricious and commutation of sentence, parole, probation crimes, the crime of illegal searches, illegal detention and other crimes. These reasons are complex, there are four major reasons:the material interests, ideological aspect, the judicial system and poor punishment. Material interests is the reason of judicial staff needs office-related crimes, ideological aspect is the reason of judicial staff would like to office-related crimes, the judicial system is the reason of judicial staff can commit a office-related crime, and poorly punishment is the reason of judicial staff dare office-related crimes. These four aspects are totally interlinked, from matter to consciousness and then to practice, constitute a reason of judicial office-related crimes.According to principle of causality, predictability, Controllability and effectiveness, crimes committed by judicial officers can be prevented. prevention of judicial staff office-related crimes is divided into narrow and broad, the narrow prevention is purely prevention rather than punishment, but the broad prevention is prevention including punishment, reflects the combination of sparse and block, prevention and punishment, is a more comprehensive preventive measures, will receive best results.Therefore, to solve these four aspects is necessary to prevent crimes committed by judicial officers. I proposed four specific measures:first, to raise wages and benefits, reform of the justice system to ensure funding so that judicial officers do not need to commit office-related crimes; second, to enhance education and improve the ideological level so that judicial officers do not want to commit office-related crimes; third, reform the justice system deeply, elimination of judicial functionaries of crime so that judicial officers can not commit office-related crimes; fourth, to intensify punish so that judicial officers dare not commit office-related crimes.
Keywords/Search Tags:Judicial staff, Office-related crimes, Judicial practice
PDF Full Text Request
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