Research On The Judicial Staff Positions Related Crime

Judicial staff duty crime as a social phenomenon, are prevalent at all times in the East and the western countries. Since reform and opening, China enter into social transition, changes in economic structure, Social structure and ideology are also have a distinct change, social phenomenon is Increasingly complex, Judicial staff duty crime also growing, public discontent with the judiciary continue to rise, pubic doubt about the judicial impartiality and authority. Therefore, the research on the judicial staff duty crime have a great importance.Judicial staff duty crime meaning is judicial staff use judicial authority or improper perform their duties to damage the state, collective and the people's legitimate interests when they perform the investigation, prosecution, adjudication, regulatory duties. The judicial staff identity standards are official business, as who have the legitimate duty to investigation, prosecution, adjudication, regulatory no matter he is or not a national staff. The Judicial staff duty crime have some characteristics, such as, the criminals is in a high ranking, group of common crime is prominent, Job-related crimes and economic crimes are intertwined malfeasance, the criminal means are more Professional and covert. In addition, judicial staff has serious damage to social justice, trampling on the national legal system; hinder the pace of the rule of law and corrupt social values. It has extremely serious social harm. Our country to against the judicial staff duty crime use increasing punishment But I think the prevention is the fundamental approach, instead of punishment.Development of crime prevention measures must be based on the study the reason of judicial duty crime. Starting from the objective level, social tensions caused by imbalance of institutional structure, the unique nature of judicial power, the shortcomings of the judicial system, big number of dark figure of crime, unreasonable access to the system of justice career, those reasons cause the judicial duty crime frequent. From the subjective perspective, criminals privilege, the imbalance of the mind, decay of moral standards and instinct to learn judicial duty crime, are the important reason.According to the causes of crime to establish appropriate crime prevention measures, can prescribe the right medicine. From the overall perspective, mitigate the tension of the social and judicial staff, promote the open system of justice, regulating judicial discretion of the staff, further reform of the judicial system, reduce dark figure of crime, increase the cost of crime, in these ways, we can macroscopic prevention. Additionally, we should develop specific measures to limit Investigators abuse of the right; Crimes of the prosecutors, the investigating authorities should be restricted to the expansion of supervision and scope of the prosecution on false criminal trial supervision; Duties of judges, it should be changes in the administrative style of management system to achieve the independence of judges and improve the disciplinary system for judges; Crimes of the regulators, the regulatory authority should be diverted to protect the rights of detainees to relief, the establishment of the system visit the detained person to obtain a positive preventive effect.