渎职犯罪的现状、原因及预防
发布时间：2019-04-01 16:44
【摘要】： 1997年修订刑法实施以来,渎职犯罪越来越成为我国法律理论界和实务界关注的热点问题,但对渎职犯罪的专业研究仍然不够。渎职犯罪的立法缺陷、理论研究的相对匮乏与现实中存在的各种不利因素,直接影响了司法实践中对渎职犯罪的有效打击,这成为困扰实务界尤其是检察机关的难题之一。因此,从实务角度出发,加强对渎职犯罪的研究,有助于推动我国渎职犯罪理论的深化和升华,有助于渎职犯罪的立法完善,对解决司法实践中的具体问题更具有较大的参考价值和现实意义。 本文立足检察机关工作实际,坚持思辨与实证相结合、理论与实践相结合,对渎职侵权犯罪进行了一些较为深入的探讨,并对打击和预防渎职犯罪提出了一套解决措施。 本文除引言外,共分三章: 引言部分对我国渎职犯罪的刑事立法、社会危害、性质认识及司法实践进行了简要分析,发出进一步关注渎职犯罪的呼吁,并揭示研究的理论意义和实践价值。 第一章介绍了渎职罪的含义、范围、罪名及管辖机关,实证分析、阐述了渎职犯罪的特点和常见表现形式,对其发展趋势进行了深入探讨。 第二章研究渎职犯罪的原因。认为渎职犯罪产生的原因是多方面的,主要是思想教育的失位、权力制约的失衡、法律认识的错位、腐朽文化的渗透、经济利益的驱动、刑事制裁的不力,这些原因相互渗透,相互作用。 第三章探讨渎职犯罪的预防问题。在思想教育方面,建议加强“三观”、“三德”、“三法”与警示教育。对完善监督机制,提出完善规章制度,改革用人制度,强化权力约束,形成监督合力。建议通过强化机构建设、完善工作机制、加强举报宣传来加大打击力度,提出“大纪检”、司法机关垂直管理、案件异地审判等观点。在完善立法方面,建议适度修改相关法条,提高法定刑,增加财产刑、资格刑等。在此基础上,注意发挥专门机关预防渎职犯罪的职能作用。
[Abstract]:Since the revision of criminal law in 1997, the crime of dereliction of duty has become a hot issue of concern in the field of law theory and practice in our country, but the professional research on the crime of dereliction of duty is still insufficient. The legislative defect of crime of dereliction of duty, the relative lack of theoretical research and various unfavorable factors in reality directly affect the effective attack on crime of dereliction of duty in judicial practice, which has become one of the difficult problems puzzling the practical circles, especially the procuratorial organs. Therefore, from the practical point of view, strengthening the research on the crime of malfeasance is helpful to promote the deepening and sublimation of the theory of dereliction of duty in our country, and to perfect the legislation of the crime of dereliction of duty. It has great reference value and practical significance to solve the concrete problems in judicial practice. Based on the practical work of procuratorial organs, this paper puts forward a set of measures to combat and prevent the crime of malfeasance and puts forward a set of measures to solve the crime of malfeasance based on the combination of thinking and demonstration, the combination of theory and practice, and the discussion on the crime of malfeasance and tort. In addition to the introduction, this paper is divided into three chapters: the preface briefly analyzes the criminal legislation, social harm, nature understanding and judicial practice of the crime of malfeasance in our country, and issues an appeal to pay more attention to the crime of malfeasance. And reveal the theoretical significance and practical value of the study. The first chapter introduces the meaning, scope, charges and jurisdiction of the crime of dereliction of duty, empirical analysis, expounds the characteristics and common manifestations of the crime of dereliction of duty, and makes a deep discussion on its development trend. The second chapter studies the causes of malfeasance. The author thinks that the causes of the crime of malfeasance are various, mainly the loss of ideological education, the imbalance of power restriction, the misplacement of legal knowledge, the infiltration of decadent culture, the drive of economic interests, the ineffectiveness of criminal sanctions, and the mutual penetration of these reasons. Interaction. The third chapter discusses the prevention of malfeasance. In the aspect of ideological education, it is suggested to strengthen "three values", "three virtues", "three laws" and warning education. To perfect the supervision mechanism, put forward to perfect the rules and regulations, reform the employment system, strengthen the power restriction, form the supervision joint force. It is suggested to strengthen the institution construction, perfect the working mechanism, strengthen the report propaganda to strengthen the crackdown, and put forward the viewpoints of "discipline inspection", vertical management of judicial organs, trial in different places of the case, and so on. In the aspect of perfecting legislation, it is suggested that appropriate amendments should be made to improve the legal penalty, property penalty, qualification penalty and so on. On this basis, attention should be paid to the role of specialized agencies in preventing malfeasance.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
本文编号：2451708
[Abstract]:Since the revision of criminal law in 1997, the crime of dereliction of duty has become a hot issue of concern in the field of law theory and practice in our country, but the professional research on the crime of dereliction of duty is still insufficient. The legislative defect of crime of dereliction of duty, the relative lack of theoretical research and various unfavorable factors in reality directly affect the effective attack on crime of dereliction of duty in judicial practice, which has become one of the difficult problems puzzling the practical circles, especially the procuratorial organs. Therefore, from the practical point of view, strengthening the research on the crime of malfeasance is helpful to promote the deepening and sublimation of the theory of dereliction of duty in our country, and to perfect the legislation of the crime of dereliction of duty. It has great reference value and practical significance to solve the concrete problems in judicial practice. Based on the practical work of procuratorial organs, this paper puts forward a set of measures to combat and prevent the crime of malfeasance and puts forward a set of measures to solve the crime of malfeasance based on the combination of thinking and demonstration, the combination of theory and practice, and the discussion on the crime of malfeasance and tort. In addition to the introduction, this paper is divided into three chapters: the preface briefly analyzes the criminal legislation, social harm, nature understanding and judicial practice of the crime of malfeasance in our country, and issues an appeal to pay more attention to the crime of malfeasance. And reveal the theoretical significance and practical value of the study. The first chapter introduces the meaning, scope, charges and jurisdiction of the crime of dereliction of duty, empirical analysis, expounds the characteristics and common manifestations of the crime of dereliction of duty, and makes a deep discussion on its development trend. The second chapter studies the causes of malfeasance. The author thinks that the causes of the crime of malfeasance are various, mainly the loss of ideological education, the imbalance of power restriction, the misplacement of legal knowledge, the infiltration of decadent culture, the drive of economic interests, the ineffectiveness of criminal sanctions, and the mutual penetration of these reasons. Interaction. The third chapter discusses the prevention of malfeasance. In the aspect of ideological education, it is suggested to strengthen "three values", "three virtues", "three laws" and warning education. To perfect the supervision mechanism, put forward to perfect the rules and regulations, reform the employment system, strengthen the power restriction, form the supervision joint force. It is suggested to strengthen the institution construction, perfect the working mechanism, strengthen the report propaganda to strengthen the crackdown, and put forward the viewpoints of "discipline inspection", vertical management of judicial organs, trial in different places of the case, and so on. In the aspect of perfecting legislation, it is suggested that appropriate amendments should be made to improve the legal penalty, property penalty, qualification penalty and so on. On this basis, attention should be paid to the role of specialized agencies in preventing malfeasance.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917
【引证文献】
相关硕士学位论文 前1条
1 舒易国;论渎职犯罪的原因及对策[D];湖南师范大学;2012年
，本文编号：2451708
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