Research On Investigation And Prevention In The Duty Crime Of Power Trading

Li yongzhong, professor at the China academy of discipline inspection,has predicted inthe1980s that the development trend of corruption in our country can be divided into threelevels: trade between power and money, trade between power and sex and power trading.Today, the third level of corruption in the new type begins to highlight. Power trading canhappen in any area where power exists and leave great damage. The serious harm is mainlyembodied in two aspects. One is trading between administrative power. Once trading behaviorbecomes widespread, lowers level people to a great extent, reducing the chance of upwardmobility. Thus the power structure of society as a whole will harden. The other is tradingbetween executive power and judicial power. In addition to effective administrative relativeperson’s power is not guaranteed, the referee of effect can not get respected, breaking thebalance between civil and administrative power.In general, power trading is regarded as a kind of corruption, and there are a few scholarsstudied the individual types of crime constitution, but not systemically, not from a perspectiveof the overall trade and not for the further research of criminology and criminal investigation.Based on the reality needs, this article from the following several aspects tells us how to studythis kind of duty crime:The article is divided into four parts altogether. The first part is an overview of trade hasclass position crime problem. In this part, things are contained as follows: the concept ofpower trading and the duty crime of power trading, the nature of the specific characteristics induty crime of power trading, and the cognizance of it. This section plays the role of atheoretical foundation for the full, making it clear in this paper that the duty crime of powertrading is not a statutory crime but be called by a joint name.The second part of the article is about causes of crime in duty crime of power trading,mainly from three aspects as economy, system and ethics. Economic analysis of the causesinclude material factors of production materials and the asymmetric information; Ethicalanalysis of the causes include the role of common morality or moral identity as well as themain body of moral standard of rationalization process; The analysis of the institutionalfactors include the cadre and personnel system, the power supervision mechanism and theimperfect legal system of the three aspects. This part is the essential role to this paper. The third part of the article is a kind investigation in duty crime of power trading. First ofall, it is about the building the mode of "active" clues found innovative thinking mode, from"wait for the door" to "actively". Second, to strengthen the investigation of informationconstruction, formed on the premise of intelligence information system and database, onlinecase system as the basis of national network platform. The investigation evidence collectionproblems should be grasped in several key evidence forensics problems, combining with thecharacteristics of crime has trading behavior and using indirect evidence. This part is one ofthe focus of the article to solve the problem duty crime of power trading facing ininvestigation practice.The fourth part of the article is about solutions on investigation and prediction of dutycrime of power trading. We should take the rule of law as a fundamental idea. And we shouldrealize that we need to treat the reform of system as the best way to sound system andtransparent regulatory. And then information construction is the breakthrough of integrationof investigation prediction. Finally, we need to establish the institutionalization of moraleducation to make the effect of moral education long-lasting. All these solutions are what weneed to consider in this article.