Legislation Research Of Malpractice In Recruiting The Civil Servants And Students

With college graduates’ employment difficult "issue has become increasingly prominent, the civil service exam is also increasingly fierce competition, demand exceeds supply high status and benefits of civil servants will inevitably induce the process of recruiting civil servants conduct secret operations occur. Recruit civil servants, students favoritism behavior has serious social harm. Therefore, the "Criminal Law" in Criminal Law Chapter418malfeasance special regulations to set the system to recruit civil servants, students favoritism behavior, namely staff of state organs in recruiting civil servants, students work favoritism, serious, three years imprisonment or criminal detention. December29,2005through the "Supreme People’s Procuratorate on criminal cases of malfeasance filing provisions of the standard"(hereinafter referred to as "Regulations") in section34provides for the crime of filing standards. In recent years, Zuigao Jian Posting thorough investigation of favoritism and other eight categories of civil servants recruited criminal malfeasance. However, in the criminal law field and judicial practice, few studies on this crime, in judicial practice, a series of recruiting civil servants, students favoritism behavior similar new situation, and give justice practitioners brought in Justice confusion, therefore, in order to better punish the crime of corruption, this article will commence this situation the Crime Research.This paper is divided into three chapters, as follows:The first chapter is "at home and abroad to recruit civil servants, students favoritism status of the Crime", in this chapter, the author intended through the perspective of comparative law on the crime of domestic legislation of a study. First of all, the author of the country to recruit civil servants, students expand favoritism review legislative situation of sin, and summarize the current constituent elements of the crime of the content, as well as China’s legislation on the characteristics of this crime. Secondly, the author of the relevant foreign countries and regions of the legislative situation regarding this crime unfold Review, summed up the foreign legislation regarding this crime legislation features.This second chapter is "our country to recruit civil servants, students favoritism Legislation on Crime", in this chapter, the author through the Crime expand the detailed in-depth discussion, mainly from the following aspects:the behavior of an object of this crime, spatial and temporal scales of this crime, the crime of filing standards, the number of crimes of this crime, the punishment to the crime and the crime of convergence with relevant laws and regulations in such areas.This third chapter is "our country to recruit civil servants, students favoritism Perfection of the Crime", in this chapter, the author discussed above, expand on China to recruit civil servants, students favoritism crime Legislative Perfection and recommendations. First, the author describes the perfect crime legislation should follow the principle, and then, the author specifically addressed in many ways the perfect crime Legislation and recommendations.