反渎职侵权局制度研究
发布时间：2019-02-09 19:42
【摘要】：自有国家产生以来,腐败就注定成为人类社会除不去的一大顽疾,它的长期存在严重威胁人类政治文明和社会经济的发展,甚至关系到一个国家的生死存亡。腐败行为的持续发生,将会导致人们对政府失去信心,就会要求替换执政者,从而引起社会秩序的混乱,甚至会导致人类社会的全面倒退。腐败已然成为各国政府和人民高度重视和共同关心的社会问题,反腐败工作在各国有条不紊的展开。 一说起腐败,很多人就会想到贪污、贿赂,但是,腐败不仅仅是贪污和贿赂。有一种以公共职务为中心来界定腐败的模式,即强调腐败是公共官员滥用公共权力,违反权力行使规则的行为,这种观点认为不仅提到腐败行为的动机是利己,而且指出腐败行为的实质是违反了公职人员的行为准则。在我国,检察院内部的反腐败机构不只是反贪污贿赂局,还包括反渎职侵权局,反渎职侵权局是检察院内部的一个重要机构,他的建立意味着党和国家对渎职犯罪和国家机关工作人员利用职权实施的侵犯公民人身权利、民主权利犯罪的危害有了更深的认识,将其地位提到与反贪污贿赂腐败犯罪同等重要的地位。本文将通过对我国渎职侵权现象的社会原因、体制原因,反渎职侵权局的成立的背景和发展历程,我国现行反渎职侵权局的职能分布,执法依据,工作运行,防止渎职等方面的研究,总结和分析我国现行反渎职侵权局的现状和不足,再具体解读国外关于渎职职务犯罪的查处机构设置及其运转模式,结合我国的实际情况,从而提出一些具有实际操作性的反渎职侵权制度建设的意见和建议。
[Abstract]:Since the emergence of the country, corruption is destined to become a stubborn disease that human society cannot go away. Its long-term existence seriously threatens the development of human political civilization and social economy, and even relates to the life or death of a country. The continued occurrence of corruption will cause people to lose confidence in the government, will demand the replacement of the rulers, thus causing the chaos of social order, and even lead to the overall retrogression of human society. Corruption has become a social problem that the governments and people of all countries attach great importance to and concern together. Anti-corruption work is carried out methodically in all countries. When it comes to corruption, many people think of corruption and bribery, but corruption is not just corruption and bribery. There is a model of defining corruption by focusing on public office, that is, by emphasizing that corruption is an act of abuse of public power by public officials and violating the rules governing the exercise of power, a view that not only refers to the motive of corruption as self-serving, Moreover, it points out that the essence of corruption violates the code of conduct of public officials. In our country, the anti-corruption organs within the procuratorate are not only the anti-corruption and bribery bureau, but also the anti-malfeasance and infringement bureau. The Anti-malfeasance and infringement Bureau is an important organ within the procuratorate. His establishment means that the party and the state have a deeper understanding of the crime of dereliction of duty and the harm caused by the crime of violating citizens' personal rights and democratic rights committed by functionaries of state organs by using their functions and powers. Its status is as important as the fight against corruption and bribery. This article will pass to our country dereliction of duty infringement phenomenon social reason, the system reason, the anti-dereliction of duty infringement bureau establishment background and the development course, our country present anti-malfeasance infringement bureau function distribution, the law enforcement basis, the work operation, The research on prevention of dereliction of duty, summarizing and analyzing the current situation and deficiency of the current Bureau of Anti-malfeasance and infringement in our country, and then concretely interpreting the establishment and operation mode of the investigation and punishment institutions for dereliction of duty crime abroad, combining with the actual situation of our country, And then put forward some practical anti-dereliction of duty tort system construction advice and suggestions.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
本文编号：2419325
[Abstract]:Since the emergence of the country, corruption is destined to become a stubborn disease that human society cannot go away. Its long-term existence seriously threatens the development of human political civilization and social economy, and even relates to the life or death of a country. The continued occurrence of corruption will cause people to lose confidence in the government, will demand the replacement of the rulers, thus causing the chaos of social order, and even lead to the overall retrogression of human society. Corruption has become a social problem that the governments and people of all countries attach great importance to and concern together. Anti-corruption work is carried out methodically in all countries. When it comes to corruption, many people think of corruption and bribery, but corruption is not just corruption and bribery. There is a model of defining corruption by focusing on public office, that is, by emphasizing that corruption is an act of abuse of public power by public officials and violating the rules governing the exercise of power, a view that not only refers to the motive of corruption as self-serving, Moreover, it points out that the essence of corruption violates the code of conduct of public officials. In our country, the anti-corruption organs within the procuratorate are not only the anti-corruption and bribery bureau, but also the anti-malfeasance and infringement bureau. The Anti-malfeasance and infringement Bureau is an important organ within the procuratorate. His establishment means that the party and the state have a deeper understanding of the crime of dereliction of duty and the harm caused by the crime of violating citizens' personal rights and democratic rights committed by functionaries of state organs by using their functions and powers. Its status is as important as the fight against corruption and bribery. This article will pass to our country dereliction of duty infringement phenomenon social reason, the system reason, the anti-dereliction of duty infringement bureau establishment background and the development course, our country present anti-malfeasance infringement bureau function distribution, the law enforcement basis, the work operation, The research on prevention of dereliction of duty, summarizing and analyzing the current situation and deficiency of the current Bureau of Anti-malfeasance and infringement in our country, and then concretely interpreting the establishment and operation mode of the investigation and punishment institutions for dereliction of duty crime abroad, combining with the actual situation of our country, And then put forward some practical anti-dereliction of duty tort system construction advice and suggestions.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
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