A Research For The Measure And The Analysis The Patterns Of Judicial Staff Duty Crime

Judicature is the ultimate but also the most effective way for people to relieve their rights and social equality and justice.Judicial officers are the executors and defenders of legislation.Current judicial corruption once exists,judicial staffs abuse their authorities by accepting bribes or doing other relevant acts of malpractice or dereliction of duty or perverting the law rather than take responsibilities of himself.This circumstances leads people to feel as if there is nowhere they can find justice.Therefore,paying attention to the phenomena of Judicial staff duty crime is not only a realistic problem,but also has important strategic significance for the important points of concern and exploration in theory and practice fields.Taking results of the criminal cases for empirical research objective in Southwest China in the past four years as research cases,through the integrated use of research data and statistics,this article analyzes the characteristics,current judicial status,causes and counter measures of Judicial staff duty crime in order to resolve the realistic problems much better.The main content of this paper as follows:The first part of this thesis summarized the the basic theory of Judicial staff duty crime,this thesis limits its researching domain to the staff who engaged in the functions of investigating,prosecuting,adjudicating,supervising,controlling offenders and execution in the Public Security Organization,the People's Court,the People's Procuratorate and the Justice Administrative Department.Taking the conception of official crime among every southwestern provinces and city's Regulations on the Work of Preventing job-related crimes as an example,the concept of such crime should be: the staff who engaged in the functions of investigating,prosecuting,adjudicating,supervising,controlling offenders and performing their duties in the Public Security Organization,the People's Court,the People's Procuratorate and the Justice Administrative Department,take advantage of their power and position to execute illegal duty crime,like corruption,bribery,malfeasance and other criminal acts,which is directly harm to the normal operation of the judicial function of state organs,countries,societies,individuals benefit.The second part is a case study of Criminal Justice Instruments from 2013 to 2016 in the southwestern provinces.First of all,using the separate-total structure,the paper analyzes the Criminal Judicature based on work department,the crime,pay-offs,gender,age,education and the ways of crime,the circumstances of sentencing of suspects and the style of the court verdict in the Southwest during this period.It concludes that the main features of judicial staff duty crime are: more secret and complex comparing with the traditional crime;long incubation period;option characteristic is shown increasingly;and with such a degree,high intelligence quotient;have anti-reconnaissance capability,and strive to avoid being arrested.And in these cases,criminal punishment of duty crime liberally and probation remains high and involves serious social hazard.Based on above all,the thesis analyzes the causes of crime from aspects of social,economic,institutional,individual and power structure.The social factors of the crime lie in the negative social atmosphere,sub-cultures and corruption culture.In the economical stratification plane,the negative effect of the market economy keep deepening,which turns the normal gift-presenting into a tradeoff of money and power.In addition,by cost-income method,the trend of penalty mitigation movement is encouraging crime to some degree.As for the system level,giant bureaucratic organizations make administrative authority suppress the law.The legal situations were in chaos,and to a certain extent,the reform of the judicial system causing the regulations collapsed.Some judicial officers are not qualified or even guilty of malfeasance,or which shall be regarded as negative crime are obvious increasingly.On an individual level,some personal reason,such as the Differntial Association Theory and the personality theory will be the major factor to bring out crime.Because of long-time interaction with various criminals,the thinking mode and behaviour of judicial functionary are also reinforced.Meanwhile,the complex relationships,the gap between wages and burnout and pressure-cooker environment they have in daily life,may even induce them to commit crimes.Furthermore,through the study of power dissimilation.The analysis considers that The power beyond supervision and restriction will induce the occupational crimes.The third part of this paper first analyzes the status of the prevention system of state duty crime.Immediately after that,sums up the difficulty in the reality of crime prevention mainly due to: the trick,form and content of duty crime have been became more various,and its imperfect system and the weak blow to the offenders has resulted in more crimes but less real criminal sentence and less immediate,the work of the investigation become extremely difficult and the administrative power intervenes in life widely and penetrates to the judicial power and other aspects are discussed.At last,the article discusses the practice measures which is about the prevention of Judicial staff duty crimes.Mainly includes: improve the prevention and controlling measures;the effective supervision and restraint on power;provide instruction for the judicial to control and guide hot events of public opinion;increase the content of judicial relief;Implement the program on quality education;effective to enhance the credibility of the administration of justice;build a sound system of notification of registration.