A Survey On The Prevention Practice Of Duty Crime

The meaning of the criminal law is “not just because of the punishment toward crimes but also the prevention of the crimes”, just like the flood control, which should be evacuated and not be intercepted, the emphasis should be put on the crimes prevention and control. In terms of the duty crimes, the duty crimes prevention departments of the procuratorial organs are the dams which bring “flood” of the duty crimes under control. The prevention theory cannot go on their own, this paper takes the crime prevention department of eight people's procuratorates at the grass-roots level of autonomous prefecture Q in province G which Located in the southwest of China as the research object, from the regular measures of their daily business, to explore how can we convert the static prevention theory to the prevention practices in the form of the research report. Through the research, we sum up the practical experiences and find out the problems,put forward the following suggestions :expand the warning education field, where both of the content of the criminal law and administrative law should be emphasized; expand the procuratorial suggestions application situations, and guarantee their operability and strengthen implementation review; expand the query domain of the bribery crime files; improve the related prevention system, and establish the prevention information database; strengthen the prevention team construction and strengthen the prevention power; actively learn from the other regions' practical experiences which help us convert the prevention theory to practice essentially.This paper is divided into three parts: introduction, text and conclusion, totally about 20000 words.The body of the text is divided into four parts:The first part is about the historical changes of the duty crime prevention in autonomous prefecture Q. Through the survey,the author found the duty crimes prevention work in autonomous prefecture Q has gone through the following history changes: the status of the prevention department changes from subordination to independence,the means changes from just focusing on punishment and deterrence afterwards to paying equal attention to advance education supervision and punishment afterwards, the institution changes from a single department to multi-sectoral and three-dimensional prevention. At the same time, in spite of the rapid economic development in autonomous prefecture Q in recent years, the number of duty crimes is relatively stable,it has no significant rise, which is about 50 cases each year. Because of the fact that the rapid economic development in autonomous prefecture Q has not made the duty crime soared, so we come to the conclusion that the prevention work has played an inhibitory role in duty crime.The second part is about current situations of the prevention practice of the grass-roots procuratorates in autonomous prefecture Q. Through the survey, the author put together the substantive work carried out by the crime prevention department of the eight people's procuratorates at the grass-roots level in autonomous prefecture Q in the recent three years(2012-2014),and conducted comparative analysis through the form and graphics, which including the number of warning education,related areas and contents;the issued procuratorial suggestions,the application field of Bribery crime file query,intervention of key projects,Survey of prevention,case analysis; prevention team building, prevention platform building and related system construction, totally six sub-content.The third part is about the problems of the duty crime prevention work of the grass-roots procuratorates of autonomous prefecture Q. The duty crime prevention department of autonomous prefecture Q has achieved remarkable achievements in the three years after its establishment, but it also has many shortcomings and aspects that need to be perfected, through the relevant survey data of the duty crime prevention work operating conditions of the autonomous prefecture Q, there are five main problems exist: warning education fields towards outside is narrow, which is confined to the criminal field; the procuratorial suggestions are issued in a single case, and also lack of operability and implementation review; the using field of the bribery crime files query is narrow; neither prevention of information database nor the prevention system is perfect; the staffs in the prevention team cannot meet the need, and their professional quality are also need to be improved.The fourth part is about consummate suggestions for the duty crime prevention work. The problems exist in the duty crime prevention department of autonomous prefecture Q is not a single phenomenon that just happened in autonomous prefecture Q, which Has the universality and its typicality, based on finding the problems and reflecting the problems, the paper combines the prevention theory with the practices of national prevention, and further put forward the following six Suggestions which aim to enhance and refine the construction of the prevention department: expand the warning education field, where both of the content of the criminal law and administrative law should be emphasized; expand the procuratorial suggestions application situations, and guarantee the operability and strengthen the implementation of review; expand the query domain of the bribery crime files; improve the related prevention system, and establish the prevention information database system; strengthen the prevention team construction and the prevention power; actively learn from the other regions' practical experiences which help us convert the prevention theory to practice essentially,hoping to strengthen and consolidate the dike dam of the procuratorial organs duty crime prevention and keep the great scourge of the duty crimes outside the levee to the maximum extent.