对我国“裸官”贪贿现象的探析

发布时间：2018-05-17 15:02

本文选题：裸官 + 贪贿　；参考：《南京师范大学》2014年硕士论文

【摘要】：伴随着改革开放的进程,我国干部队伍中出现了一种特殊的群体-“裸官”。“裸官”一词始创于2008年庞家钰案以后,但是“裸官”贪贿现象早在上世纪八九十年代已经出现。“裸官”指的是将妻儿皆送往国外,其本人独自在国内为官的官员。近年来,我国“裸官”贪贿大案要案频发,“裸官”群体正成为我国贪贿犯罪的高发群体,贪贿的“裸官”多是“贪了就跑,跑了就了”,不仅其本人逃往国外,躲避法律制裁,而且贪贿“裸官”还将大量犯罪所得的不法资产转移到国外,给我国造成巨大的经济损失,造成了恶劣的社会影响。如今“裸官”贪贿在我国广为公众诟病。如何改变当前严重的“裸官”贪贿现象是我们当前迫切需要解决的问题。这就是笔者研究这一问题的原因。文中主要采用了文献研究法、比较研究法以及案例分析法来研究这一问题,笔者在写作过程中将本文分为三个部分：一,“裸官”贪贿之现象。通过将近年来出现的典型贪贿“裸官”统计在一张图表之中,并辅之以“裸官”贪贿的特点、危害分析,让读者对当前的“裸官”贪贿概况有个直观的了解。二,“裸官”贪贿之成因。从“裸官”贪贿的现象中挖掘其贪贿的深层次原因,笔者主要从两方面去寻找原因-“裸官”为什么要贪贿?“裸官”为什么能贪贿?“裸官”要贪贿之原因有三,首先,其家人在国外,经济压力确实比较大。而且,家人在国外,资产向外转移相对比较方便,“裸官”会产生“不贪白不贪”的心理。其次,如果贪贿“裸官”将贪贿所得的资产转移出境,我国目前尚无有效制度予以追回,这些资产便可实际由其家人享有,亦可保证其将来出逃以后的富足生活,如此,巨额的利益也会诱使“裸官”去贪贿。再者,我国的引渡制度还不够健全,贪贿“裸官”出逃以后完全有可能利用我国引渡制度的缺陷规避被引渡回国的后果,只要存在这种躲避惩罚的可能性,便会有“裸官”带着侥幸心理放手一搏。笔者认为这些都是“裸官”要贪贿的原因。而“裸官”能够贪贿,笔者认为很大一部分原因就在于我们的制度存在诸多漏洞,最主要的就是我们对“裸官”监管不力以及民众举报途径不畅。三,对“裸官”贪贿犯罪的控制与预防。这部分主要针对第二部分总结的“裸官”贪贿的成因,对应性的提出解决的策略。主要包括加强对“裸官”的监管、完善举报人保护制度、增强反贪机关独立性、建立防止贪贿“裸官”外逃的制度以及完善引渡制度和资产追回制度。
[Abstract]:Along with the process of reform and opening up, there is a special group of cadres in our country. The term "naked official" originated after the Pang Jiayu case in 2008, but the phenomenon of "naked official" bribery appeared in the 1980s and 1990s. A "naked officer" is an official who sends his wife and children abroad and acts alone in the country. In recent years, there have been frequent cases of "naked officials" taking bribes in our country. The group of "naked officials" is becoming a high incidence group of bribery crimes in our country. The "naked officials" who take bribes are mostly "running away and running away", not only by themselves, but also by themselves. Avoiding legal sanction, and taking bribes as "naked officials", they also transfer a large number of illegal assets derived from crime to foreign countries, causing huge economic losses and bad social effects to our country. Today, the "naked officials" bribery in our country widely criticized by the public. How to change the current serious "naked official" bribery is an urgent problem we need to solve. This is why I study this problem. This paper mainly uses the literature research method, the comparative research method and the case analysis method to study this problem. The author divides this article into three parts in the process of writing: first, the phenomenon of "naked officials" taking bribes. Through the statistics of the typical "naked officials" in recent years in a chart and supplemented by the characteristics of "naked officials" taking bribes, the harm analysis is carried out to make readers have a direct understanding of the current situation of "naked officials" taking bribes. Second, the cause of "naked officials" taking bribes. From the phenomenon of "naked officials" taking bribes to dig out the deep-seated causes of bribery, the author mainly from two aspects to find out the reasons-"naked officials" why to take bribes? Why can "naked officials" take bribes? There are three reasons why naked officials want bribes. First, their families are under great financial pressure abroad. Moreover, it is relatively convenient for family members to transfer their assets abroad, and "naked officials" have the mentality of "not being greedy and not greedy." Secondly, if "naked officials" take bribes and transfer the assets of bribes out of the country, there is no effective system in our country to recover them, so that these assets can actually be enjoyed by their families, and they can also guarantee their future prosperity after they flee. Huge profits also tempt naked officials to take bribes. Moreover, the extradition system in our country is not perfect enough. It is entirely possible to take advantage of the shortcomings of the extradition system in our country to avoid the consequences of being extradited after the corrupt "naked officials" flee, as long as there is such a possibility of evading punishment. There will be a "naked official" with a fluke psychological release. The author thinks these are the reasons why "naked officials" should take bribes. The author thinks that a large part of the reason is that there are many loopholes in our system. The main reason is that we do not supervise the "naked officials" and the way of reporting is not free. Third, the control and prevention of the crime of taking bribes by naked officials. This part mainly aims at the second part summarizes the "naked official" bribe causes, the corresponding puts forward the solution strategy. It mainly includes strengthening the supervision of "naked officials", perfecting the protection system of whistleblowers, strengthening the independence of anti-corruption organs, establishing a system to prevent "naked officials" from escaping from taking bribes, and perfecting the system of extradition and asset recovery.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.392

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