Job-related Crimes And Their Prevention Theory

The research of "crime of post" is one of the most important topics in the study of Criminal Law in China. Based on the different academic viewpoints towards the crime taken advantage of position, the present thesis applies to study its major characteristics, with the aid of various research methods such as philosophy, criminal law, criminology, sociology, psychology, politics and so on. Focusing on the special features of "crime of post" as occurred in higher education, the present study points out its special features different from the common ones. After studying these features from all aspects, it puts forward how to prevent its recurrence.This study consists of four parts.The First Part gives a brief introduction of its different concepts circulating in our domestic academic field. It then discriminates the concept of "crime of post" in criminal law from that in criminology. Finally, from the perspective of criminal law it points out its definition in this article, which is the basis for the study of "crime of post" in criminology.The Second Part combines concrete facts with sufficient material and generalizes its main features at present. This part also predicts its trend in China.The Third Part, based on "Theory of Comprehensive Crime Motivations" elaborates on the complex causes of "crime of post" from four aspects. First, its root is the conflict between the limitation of humanity and the duality of power. Second, factors, such as changes of system, lack of social behavior models, inefficient supervision and oversights in laws, serve as fuel for "crime of post". Third, the major reason is the misunderstanding of outlook and values and its corresponding power view are viewed as subjective causes. Finally, the potential psychological incentives are, the side-effects of market economy and psychological imbalance caused by disparity in the distribution of social wealth and excessive consumption tendency. The study of these factors can surely supply a comprehensive proof both theoretically and practically for the establishment of preventive policies.The Fourth Part discusses its preventive policies. First of all, the establishment of new concept is a must in the prevention of "crime of post". For this, it emphasizes that the new concept should take into consideration the following aspects, such as the undergoingtransformation in China from planned economy into market one, and from centralized society into multiplex one, and it should meet the requirements that the preventive policies don't violate laws and guarantee the prosperous growth in economy as well as political stability. Accordingly, this part proposes the establishment of a new preventive system of "crime of post", which is based on the cooperation in the fields of education supervisory administration and legal institutions. It emphasizes the vital institutions circling round procuratorial organ in the development of the preventive system.I believe that the viewpoints towards its preventive system and proposal for "crime of post" will enlighten us on this field both in a theoretical and practical sense.