Legislative Research On The Prevention Of Duty Crime In China

Occupational crimes are the most prominent form of corruption.They include forms of corruption and bribery,favoritism and malpractice,abusing power,and dereliction of duty,which have seriously affected the progress of social development in China.In order to meet the needs of anti-corruption,the anti-corruption mechanism needs to keep pace with the times.The establishment of the National Monitoring Committee has improved the monitoring mechanism,but the prevention mechanism still needs improvement.China's anti-corruption process is constantly moving forward,and policy guidelines are also constantly improving.From tackling both symptoms and root causes to comprehensive treatment,from punishment and prevention to focus on prevention,this process also highlights China ' s emphasis on anti-corruption and the results achieved.The provisions on the prevention of duty crimes in our country,apart from the "Constitution" and other regulations of principle,are also scattered in the "Civil service law","Criminal law" and other legal norms,and this article is mainly discussing a special law of preventing duty crime.To develop the work of preventing duty crimes,it is necessary to start from the three aspects of a comprehensive legal system for preventing duty crimes,a clear mechanism for preventing duty crimes,and effective measures to prevent duty crimes.The preventive work in the United States,Japan,Singapore and other countries has achieved certain results.China can learn from their successful experiences and avoid detours on the same issues.Judging from the report of the Party's Nineteenth Presentation,China will continue to give full play to the active role of legislation on the prevention of duty crimes in the anti-corruption process,and seize the overwhelming victory of anti-corruption.This article is divided into five parts:The first part: Introduction.The content of this chapter mainly elaborates: The background and significance of the topic in the study of the legislation on the preventing duty crimes in our country;and the current status of research on the preventing duty crimes at home and abroad,combing prevention theories,analyzing the importance of prevention,and finding that problems in prevention and summing up experience.The second part: The theoretical foundation of preventing duty crimes.The content of this chapter mainly elaborates: The basic theories of duty crimes,including the concept,specific characteristics and types of duty crimes;and the analysis of the causes of duty crimes from both social and personal perspectives;then discussing the practical significance of preventing duty crimes in China.The third part: The analysis of the prevention of duty crime legislation in China.The content of this chapter mainly elaborates: Combing the historical development of China's legislation on prevention of duty crimes from ancient times to the present;then discussing the legislative significance of duty crime on prevention and the legal nature of the preventing law;and then simply sorting out the laws related to duty crime on prevention in China;at the last,the current legislative system of duty crimes on prevention in our country,including the legislation at both the national and the local levels,and analyzing the level issues of these legislation.The fourth part: The problems existed in our country's legislation on preventing duty crimes.The content of this chapter mainly elaborates: From the aspects of the legislative system,preventive institutions,preventive measures,etc.,founding the problems in China's current legislation on prevention.China's legal system of prevention lacks national-level legislation,and local legislation also has issues such as legislative conditions,coordination,and implementation.The inconsistency of local legislation and the ambiguity of preventive institutions also pose a significant obstacle to preventive work.Preventive measures also have problems such as insufficient effectiveness of the supervision mechanism,heavy emphasis on prevention,serious public opinion supervision without procedural guarantee,and insufficient public participation.The fifth part: The perfection of our country's duty crime legislation on prevention.The content of this chapter mainly elaborates: First,establishing a scientific legislative guidingideology of preventing duty crimes.Second,improving the legislative system of preventing duty crimes.Third,choosing the appropriate legislative model of preventing duty crimes.Fourth,establishing the basic legislative content of preventing duty crimes,including the subject and the object of prevention,the agency of prevention,the mechanism of prevention,legal responsibilities and relief methods.Fifth,improving the preventive measures for duty crimes,including civil servants' property declaration system,reporting system,news media supervision system,social participation system,and information sharing and propaganda system.Sixth,the promulgation of the supervision law has a positive role in promoting the prevention of duty crimes legislation in China.To do the job in the convergence of the legislation on prevention and the law of supervision well is conducive to the smooth development of the work of preventing duty crimes in China.