Causes And Prevention Of Duty Crime

The duty crime refers to people who work in the state organs, state-owned enterprisesand institutions abuse one’s authority or exercise of powers improperly so according to thecriminal law they should be punished. Duty crime is always the hot issues of the society,despite repeated prohibitions. In recent years, duty crime has some obvious characteristics:cases are widely spread and have obvious industry characteristics; there are more and more socalled “Nest cases”“String cases”, people use their power to make joint crime and “Powerrent-seeking” cases increasingly rampant; the number of committing crimes and with moneyinvolved increased, many major cases emerged; methods of duty crime becomes more subtleand cunning and so on. All these characteristics put forward new requirements to analysis ofcauses and prevention of the current duty crimes, hoping to put the analysis of causes andprevention in a systematic theory of criminology, so this gives the author a chance tointroduce the new opportunity theory.New opportunity was introduced last century by criminologist Fein and Clark; theypointed “opportunity” is the fundamental factor of crime and prevent crime by changing“opportunity”. New opportunity is made up of three sub theories namely routine activitytheory, rational choice and the crime theory. The author discusses the connotation of the threetheories, and analysis causes of duty crime from the three sub theories. Among them, theauthor analysis causes of duty crime from appropriate subject matter, insufficient of the abilitymonitor and potential crime based on the routine activity theory; based on rational choicetheory, the author analysis from game of cost and benefit, desire and resource conflict,opportunities and risks; based on the crime theory, the author analysis from the relationshipnet of corruption, the imperfect of the financial system and the hypothesis of broken window.After analysis the cause of duty crime, the author proposed methods of preventingcrime by increasing difficulty of duty crime, increasing risky of duty crime and increasingcost of duty crime. All methods focus on the aspect of standard of financial management system, relationship net of corruption, reform of administrative examination and approval,inner control of civil servants, external social control of the public power, increasing cost ofcriminal punishment for duty crime, opportunity cost of time and the duty crimepsychological cost.