| As corruption and crime by taking advantage of duty is becoming more serious, counter corruption and detection of crime by taking advantage of duty has become a popular glossary by now. Theorists and office of the public prosecutor have been doing a lot of research on them. All these research are profound and broad, but there is still regret about these results after being inspected carefully. The problem is the method of research. The research of corruption and crime by taking advantage of duty are usually parallel. They had once been thought as two completely different things. The research of them is limited in their own domain. The research of counter corruption is concentrating in the reason of corruption, such as power, economy or mentality, the harm of corruption and system of counter corruption, such as using power to restrict power, using right to restrict power, through education to guide or media supervises and so on. After all, they are all trying to figure out the corruption from very beginning. The research of detection of crime by taking advantage of duty, however, is concentrating in how to consummate the detection in legal procedure or the idiographic measure of detection through detecting strategy. Even simply put them to be equal. Neither parallel research nor mixed research can open out clear relationship between counter corruption and detection of crime by taking advantage of duty, and so be helpful to theory or practice.What counter corruption and detection of crime by taking advantage of duty really needs is a crossed research based on parallel research. This is decided by the relationship between them. On one side, counter corruption are different from detection of crime by taking advantage of duty, their intension and extension are not the same, on the other side, they are not completely distinct. There is consanguineous relation between them, and this relation is complicated, delicate and important, even they may be object of study of each other.Theory is the guide of practice. The author tries to clear out their relation correctly and roundly through crossed research, relate them together, and study detection of crime by taking advantage of duty through the angle of view of counter corruption in order to guide the practice of detection of crime by taking advantage of duty and counter corruption more perfectly. The thesis is divided into three parts and contains about 35000 words.The first part, the research on the relation of counter corruption and detection of crime by taking advantage of duty. In this part, the author uses the crossed research to review roundly the relation of counter corruption and detection of crime by taking advantage of duty and this is a bright spot of the thesis. It contains crime by taking advantage of duty and the detection of it, corruption and counter corruption, and relation of detection of crime by taking advantage of duty and counter corruption.It deduces two characters through the concept of crime by taking advantage of duty. That is the subject of crime is specifically and the criminality is related to duty. It induces the particularity of detection of crime by taking advantage of duty, and compare it with the detection of other criminal case in main body, clue, pattern, evidence and difficulty of detection.It concludes that the corruption the thesis tries to study is the politics corruption or power corruption through the definition and classification of corruption all over the world and analyze the root of power corruption from external and subjective feasibility of it. It discusses necessity, difficulty and complexity of counter corruption and the attitude, course and strategy to corruption of our country.The relation of the two begins with analyzing of difference of character, aim, content and agency-in-charge and at the same time takes notice of their relation, such as detection of crime by taking advantage of duty in fact has effect on counter corruption and counter corruption will have influence on detection of crime by taking advantage of duty. So there comes a conclusion that, first counter corruption and detection of crime by taking advantage of duty are quite different, second, we have to depend on detection of crime by taking advantage of duty while we can not perish corruption.The second part, research of actuality of detection of crime by taking advantage of duty. In this part, the author uses empirical study to analyze actuality of detection from two aspects, actuality of detection and its results.Through analyzing bulletin of office of the public prosecutor from 2003 to 2006, the thesis studies all kinds of problems in detecting and comes out the conclusion that the detection of crime by taking advantage of duty has counter a bottleneck, the incorporate is the difficulty in covering the case and detecting.Aiming at this actuality, the thesis reviews existing and possible sequent through two aspects, law and society. Weaken detection of crime by taking advantage of duty may not only make criminal prosecution even penalty power of the country realizes with difficulty, but also cause the weakness of prevention and counter of corruption, even the guide line of counter corruption may go by the board. As time flies and a vicious circle forms, the homeostasis of corruption may be wrecked and this may be a disaster to the society.The third part, research of improving detection of crime by taking advantage of duty. In this part, the author studies how to improve detection of crime by taking advantage of duty on the base of former study including the reason of weaken detection and improvement.First, the thesis reviews the reason of weaken detection. There are three external reasons: crime by taking advantage of duty itself, system and law, and two internal reasons: lack of recognition of importance of detection and confusion of character of detection.The author figures out that improvement of detection must come first the clearness of conception. It must be clear that detection of misconduct infringement is of equal importance to detection of crime by taking advantage of duty and what is more important is that detection of crime by taking advantage of duty is a complete detection power. Second, on the improvement of framework, the author forms a plan trying to constitute a consolidate, authority, independence, professional department of detecting. The last, on the improvement of measures, the thesis considers improvement on routine measures, compulsive measures and special measures. Only through improvement of concept, framework and measure can detection break into bottleneck and improve the validity of detection of crime by taking advantage of duty. |
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