Procuratorial Organs Of The Prevention Of Crimes Committed Theory And Practice

Crime by taking advantage of duty refers to the crime that is committed by statepersonnel, who take advantage of their duties, do not carry out their responsibilities orimproperly perform their authorities to achieve unlawful goals. It often impairs the stateadministration on the duty activities and results in the great loss in the public benefit, violatesthe criminal law and therefore deserves punishment. It is essentially a kind of seriousdereliction of duty and corruption. Therefore, the prevention of crimes by taking advantage ofduty is a very important issue in the areas of legislation and judicature, and attracts the greatattention from many law scholars. In china, as the special organization of legal inspection,procuratorate organs have rich practical experience on the judiciary activities of investigatingthe crime of taking advantage of duty, such as corruption and bribery, dereliction of duty andabuse of authority. Furthermore, special branch organizations aiming at prevention of crimesby taking advantage of duty have been found in procuratorate organs all over our country.Therefore, procuratorate organs fully demonstrate its intrinsic advantages on prosecution oflegal investigation on crimes by taking advantage of duty and further have accumulated moreexperiences. However, there still exist many theoretical and practical problems forprocuratorate organs to investigate the crime by taking advantage of duty.This thesis is organized as follows. Chapter 1 introduces the concept of prevention ofcrime by taking advantage of duty and the related concepts. Chapter 2 describes thesignification of prevention of crime by taking advantage of duty. Chapter 3 presents the basicprinciples for procuratorate organs to carry out the activities to prevent crimes by takingadvantages of duty. Chapter 4 discusses the directions of prevention of crimes by takingadvantages of duty carried out by procuratorate organs. The final chapter emphasizes thepractical ways that procuratorate organs can use to prevent crimes by taking advantages ofduty.All the chapters in this thesis are in light of the practical experience of the author in theprocuratorate organ. The main contributions of this thesis include as follows. Firstly, it gives adefinition of the concept of prevention of crime by taking advantages of duty. Secondly, it emphasizes the important role of procuratorate organs in preventing crime of takingadvantages of duty, and indicates the principles and directions about how to prevent crime oftaking advantages of duty. Finally, it discusses the practical ways that procuratorate organscan use to prevent crimes by taking advantages of duty. In conclusion, this thesis makessignificant contributions on both the theory and practice of prevention of the crime by takingadvantage of duty carried out by procuratorate organs.