Job-related Crimes Criminals Penalty Enforcement Mechanisms For Innovative Research

At present, there are many problems in the execution of the penalty on the crime by taking advantage of duty. The author is engaged in the prison management of the execution of the penalty thereon and is keenly aware of these problems. This paper, from the perspective of the execution practice by the prison, discusses the problems in the execution of the penalty thereon and proposes corresponding solution thought and improvement measures therefor, hoping to have a positive effect on the execution of the penalty thereon vice versa. Specifically, this paper is as follows:The first part is an overview on the crime by taking advantage of duty, among which the concept and characteristics of the crime thereby are analyzed. The crime by taking advantage of duty is divided into the crime thereby in general and the crime thereby in the narrow sense according to the subject of the crime. This paper adopts the latter. The crime thereby is characterized with special subjects and multi levels, severe social harms of the crime, duty relevance of the crime and the difficulty in investigation on the crime.The second part is an overview on the criminal committing the crime by taking advantage of duty, among which the concept of the criminal committing the crime thereby and the characteristics of such criminal are analyzed. The criminal committing the crime by taking advantage of duty refers to the inmate who after committing the crime thereby, was sentenced to prison by the decision of the court and executed the penalty by the execution organ. The criminal committing the crime thereby is characterized in objective and subjective aspects. The former is characterized with being older, bad health, long-sentenced prison term, small personal danger, zero possibility of recommitting the crime thereby, fixed family base, great contributions to the society prior to the crime, thorough understandings on the state policy after committing the crime and complex social background while the latter is characterized with big psychological gap, heavy psychological burden, intense inner conflict, confusion with the future, obvious imprisoned personal characteristics, fragile emotion and desire for kindness.The third part is an overview on the execution of the penalty on the criminal committing the crime by taking advantage of duty, among which the meanings and purposes of the execution of the penalty and the execution of the penalty on the criminal committing the crime thereby are analyzed. This part, in accordance with the provisions of the existing laws, especially the Prison Law, defines the purpose of the penalty is to punish and reform the criminal, in which the former is the means while the latter is the purpose and the ultimate purpose of the execution of the penalty is to convert the criminal into the law-abiding citizen. The purpose of the execution of the penalty on the criminal committing the crime thereby restricts the set of the specific systems and the specific measures to be adopted. The direct purpose of the execution of the penalty on the criminal committing the crime thereby is the general prevention and the ultimate purpose thereof is to have the criminal re-socialized.The fourth part discusses the problems in the execution of the penalty on the criminal committing the crime thereby. Specifically, the problems in the macro aspect include the lack of relevant laws and regulations on the execution of the penalty on the criminal committing the crime thereby, insufficient management on the prison in accordance with law, likely influence of the policy and current situation on the execution thereof, violation of the principle of equality, overboard or over-restrictive extremes, attaching importance to the labor punishment belittling reeducation and reform and lack of direction. The specific problems include single labor forms, insufficient mental intervention, simple and rude methods, insufficient professional competence of the police in the prison, insufficient announcement of prison affairs, lagging auxiliary infrastructure, the constant influence of the social relationship of the criminal committing the crime thereby on the law enforcement of the prison, sharp conflict between the management system and demand for kindness by such criminal and conflict between grade treatment based on the prison term and the actualities.The fourth part discusses the improvement and the specific measures. The first is to change ideas and correctly understand the purpose of the execution of the penalty and current significance of protection of human rights, the second is to define purposes and conduct directional supervision and re-education and reform according to the characteristics of such criminal, the third is to formulate specific improvement measures, including appropriately increasing the meeting, improving the use of the kindness telephone, having more mental intervention with such criminal, improving the professional competence of the police in the prison, establishing prison-college cooperation platform to strengthen their cooperation, establishing anti-corrupting education base to support warning education, improving the necessary life facilities and labor conditions, improving the announcement of prison affairs to receive the supervision from the society. Finally, this part proposes the conceptions for the legislation, in which the first is that the legislative organ or the Justice Department promulgates legal rules for the execution of the penalty on the criminal committing the crime thereby so as to have laws to abide by and the second is to enlarge the applicable scope of the community corrections and incorporate the criminal who conforms to the applicable conditions of the community into such corrections.