Investigation On The Status Quo Of The Crime By Taking Advantage Of Office And Prevention Measures

Since the 18 th of the National People's Congress of the Communist Party of China,with the increasingly rise of the top-down “shooting tiger and eliminating fly” anti-corruption wave,the number of criminal cases of crime by taking advantage of office investigated by discipline inspection and supervision departments and the Procuratorial organs has increased year by year.Then the issues concerning the present situation of the crime by taking advantage of office at the basic level,the areas and the persons committing the crime belonging to what state organs require to be understood and researched.Chongqing ShiZhu Tujia Autonomous County(hereinafter referred to as ShiZhu County)is located in the southeast of Chongqing,a special county characterized by a minority autonomous county,a submerged county in the Three Gorges reservoir,and a key county of national poverty alleviation work.Taking such a minority autonomous county as an example is able to more accurately analyze the status quo of and the reasons for the crime by taking advantage of office and to facilitate the Party and the State to “suit the remedy to the case”,so as to explore the prevention measures for the crime by taking advantage of office at the basic level and maintain the non-corrupt work style of the state organs at the basic level.This thesis is composed of five parts in addition to the introduction,about 23,000 words in total.Part One elaborates the purpose and significance of selecting Shizhu County as the sample for this research.The reasons for selecting Shizhu County as the sample for researching the status quo of the crime by taking advantage of office at the basic level are that Shizhu County is the only autonomous county of Tujia Minority with special political status,a submerged county in the Three Gorges reservoir with special geographical position as well as a key county of national poverty alleviation work with special economic position.Part Two elaborates the means for this research.This part researches the cases concerning the crime by taking advantage of office investigated from 2012 to 2016 which are enumerated by the Procuratorate case management system.In nearly four years,the Procuratorate investigated 75 cases involving 75 persons concerning the crime by taking advantage of office.This part researches the details of the cases investigated each year and makes specific analysis on the areas involved,the charges involved,the employment of the persons involved,the amounts involved and the sentences and treatment involved.Part Three researches the status quo of the crime by taking advantage of office in Shizhu County from the perspective of the areas involved,the charges involved,the employment of the persons involved,the amounts involved and the sentences and treatment involved.From 2012 to 2016,the Procuratorate in this county paid special attention to the investigation of the crime by taking advantage of office in one specific area with the high frequency of a” community of interests relying on power to gain illegal interests”,with the charges involved mostly the cases of taking bribes and malpractice and tort,the persons committing the crime mostly the persons in charge of key departments or policy practitioners,relatively large amounts involved and relatively minor sentences and treatment.Part Four analyzes the data of the cases of the crime by taking advantage of office in Shizhu County.The reasons for the above-mentioned issues are that the failure of prevention education in place results in high frequency of the crime by taking advantage of office in some areas,the typical tradeoff of money and power results in the concentrated charges involved with single methods of crime,the out-of-control power and backward supervision mechanism result in too much power by the persons in charge and policy practitioners,the trend of interest results in putting money above everything else by the persons involved,taking every opportunity to accumulate wealth by unfair means within the shortest period,and over ambiguous legislation,inconsistent understanding by the people's court and the Procuratorate,weak supervision and the interfered investigation by the society result in relatively minor sentences and treatment.Part Five elaborates the conclusion researched and proposes the prevention measures for the improvement of the crime by taking advantage of office in Shizhu County,including: firstly,weak supervision and vague system result in the out-of-control power;secondly,light punishment reduces the deterrence of punishment measures;thirdly,the low career quality and low legal consciousness of state organ personnel at the basic level result in the weak ability to resist corruption.As for the above-mentioned conclusion,this part proposes the following suggestions: the first is to reform supervision system,improve supervision means and make sure the supervision in place;the second is to strictly enforce law,strengthen the investigation and make sure the criminals punished accordingly;the third is to strengthen the prevention and warning education,improve the rule of law and make sure to eliminate potential factors of crime.