Views On Precautions Against Duty Crime

The actions of preventing from duty crime is related to a country’s success and failure. Since ancient times, if the one who holds the public tool is under a powerful power supervision and restraint, he can be honest and upright, can restrict himself to pay more attention to the public affaires, and will do public service working. But, once the supervision and restriction power is absent in the power allocation mechanism, the "ego" in many people’s inner heart will expand without restraint, they do not hesitate to violate the laws and disciplines to seek personal gains by using the public power, which causes the loss of public interest, makes the public right and credibility completely lost, and make the social morality corrupted and decadent. To take precautions beforehand, the importance of taking precautions against duty crime is self-evident. This article aims to stand on the angle of the practitioners and analyze the present situation of duty crime prevention in our country to discuss the experiences of preventing from duty crime in the foreign region with the method of comparative study, and then provide thinking and suggestions about perfecting the duty crime prevention mechanism in our country.This article is divided into4chapters. Chapter1briefly discussed the concept of duty crime from the historical development, legal definition and classification. Chapter2, starting from the reality, analyzed the present situation and defects of preventing from duty crime, which mainly include the following points:distorted standard of evaluation on work achievement, indifferent of the concept of preventing from duty crime; effective supervision can’t be realized under power restriction and supervision system; the independence of discipline inspection and supervision departments is insufficient; procuratorial organs can’t fully play the functional role of preventing from duty crime; the tendency of paying more attention to fighting against crime and little attention to precautions against crime is obvious; the action of preventing from duty crime lacks citizen participation. Chapter3, by analyzing the experiences of preventing from duty crime in the international and in the nations and districts, like Hong Kong, Singapore, Japan, South Korea, United States, Britain, Germany and so on, got several successful experiences as following:establish independent and special duty crime prevention organs; establish properties declaration system and disclosure system; standardize professional ethics and establish clear and specific regulation for the behavior of interest conflicts; establish specialized and written legislation for preventing from duty crime; guide the civilian force to take part in the prevention; establish international legislation for taking precautions against duty crime. Chapter4returned to the reality of our country once again, and put forward several possible measures to perfect preventing from duty crime, which include enhancing the organ construction and team construction for taking precautions against duty crime; improving social management mode; attaching importance to participative social governance; perfecting extradition rule and assets recovery mechanism; establishing properties declaration system and disclosure system that is suitable for China.