职务犯罪预防的权力控制问题研究
发布时间：2018-10-05 06:34
【摘要】：在我国,职务犯罪一直处于高发状态,该现象不仅严重影响社会发展,同时也为政权稳定埋下隐患。纵观历朝历代,职务犯罪在影响国家兴衰的诸多因素中占据重要的位置,并且历朝对职务犯罪的惩治大都是采取严刑峻法,其目的在于希望通过此行为警示后为官者不可“前赴后继”。但是职务犯罪自阶级社会产生以来不可能被完全消除,因此,预防和惩治并举成为当今建立反腐败廉政制度的新模式。然而,我国对职务犯罪的定义只停留在理论上,即只是由各种学说观点阐述其含义,并没有对它作出具体的规定。实质上,职务犯罪是权力异化和权力违背秩序行使的怪胎。而且近几年职务犯罪呈群体性、形式多样化、跨国际化的趋势,这无疑对职务犯罪的打击和预防增加了难度。故对权力行使的控制已经到了非之不可的地步。权力控制作为一种机制体制,主要通过制约和监督的方式对权力进行规制。迄今为止,我国未有一部关于职务犯罪预防的专门的法律出台,我国对职务犯罪预防的权力控制规定目前大都体现在条例规定、地方法规中,这直接造成了职务犯罪预防的权力控制无法可依的状态。导致职务犯罪发生的最直接的因素就是权力异化,即权力制衡的不完善、权力监督体系的不健全、权力运行的不规范等因素使权力无限扩张,权力行使偏离了轨道,成为个人或小集体的牟利工具。为保障权力正常行使,权力主体必须具备正确的权力观,权力同时需要合理配置和科学制衡,以及社会各个团体对权力进行全方位监督。基于此,实现职务犯罪预防的权力控制的主要途径如下:优化权力制衡机制;完善权力监督机制;规范权力运行。
[Abstract]:In China, job-related crimes have been in a high incidence, which not only seriously affects the social development, but also buries hidden dangers for the stability of the regime. Throughout the dynasties, job-related crimes played an important role in influencing the rise and fall of the country, and the punishment of job-related crimes in the past dynasties was mostly the adoption of severe punishment laws. The aim is to warn officials through this behavior. But duty crime can not be completely eliminated since the emergence of class society. Therefore, prevention and punishment have become a new model to establish anti-corruption and clean government system. However, the definition of duty crime in our country only stays in theory, that is to say, it is explained by all kinds of theories, and there is no specific stipulation on it. In essence, duty crime is a freak of dissimilation of power and violation of order. And in recent years, the crime of duty is a group, diversified form, cross-international trend, which undoubtedly increases the difficulty of the attack and prevention of duty crime. Therefore, the exercise of power control has reached the point of necessity. As a kind of mechanism system, power control mainly regulates power by the way of restriction and supervision. Up to now, there is not a special law on the prevention of job-related crimes in our country. At present, most of the power control provisions on the prevention of job-related crimes are embodied in the regulations and local laws and regulations. This directly results in the state that the power control of duty crime prevention cannot be controlled. The most direct factor leading to the occurrence of job-related crimes is power alienation, that is, the imperfection of power balance, the unsound power supervision system, the non-standard operation of power, and so on, which make the power expand infinitely, and the exercise of power deviates from the track. Become an individual or a small group of profit-making tools. In order to ensure the normal exercise of power, the main body of power must have a correct view of power, the power should be rationally allocated and scientific balance, and all social organizations should supervise the power in all directions. Based on this, the main ways to realize the power control of duty crime prevention are as follows: optimizing the power balance mechanism; perfecting the power supervision mechanism; standardizing the power operation.
【学位授予单位】：安徽财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
本文编号：2252376
[Abstract]:In China, job-related crimes have been in a high incidence, which not only seriously affects the social development, but also buries hidden dangers for the stability of the regime. Throughout the dynasties, job-related crimes played an important role in influencing the rise and fall of the country, and the punishment of job-related crimes in the past dynasties was mostly the adoption of severe punishment laws. The aim is to warn officials through this behavior. But duty crime can not be completely eliminated since the emergence of class society. Therefore, prevention and punishment have become a new model to establish anti-corruption and clean government system. However, the definition of duty crime in our country only stays in theory, that is to say, it is explained by all kinds of theories, and there is no specific stipulation on it. In essence, duty crime is a freak of dissimilation of power and violation of order. And in recent years, the crime of duty is a group, diversified form, cross-international trend, which undoubtedly increases the difficulty of the attack and prevention of duty crime. Therefore, the exercise of power control has reached the point of necessity. As a kind of mechanism system, power control mainly regulates power by the way of restriction and supervision. Up to now, there is not a special law on the prevention of job-related crimes in our country. At present, most of the power control provisions on the prevention of job-related crimes are embodied in the regulations and local laws and regulations. This directly results in the state that the power control of duty crime prevention cannot be controlled. The most direct factor leading to the occurrence of job-related crimes is power alienation, that is, the imperfection of power balance, the unsound power supervision system, the non-standard operation of power, and so on, which make the power expand infinitely, and the exercise of power deviates from the track. Become an individual or a small group of profit-making tools. In order to ensure the normal exercise of power, the main body of power must have a correct view of power, the power should be rationally allocated and scientific balance, and all social organizations should supervise the power in all directions. Based on this, the main ways to realize the power control of duty crime prevention are as follows: optimizing the power balance mechanism; perfecting the power supervision mechanism; standardizing the power operation.
【学位授予单位】：安徽财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
【共引文献】
相关期刊论文 前2条
1 廖国忠;徐慧平;;农村城市化进程中职务犯罪问题的研究[J];法制与经济(中旬刊);2010年11期
2 王卉;;我国“职务犯罪”的特点和对策[J];法制与社会;2012年24期
相关博士学位论文 前1条
1 杨圣坤;预防职务犯罪制度失灵的法理思考[D];中共中央党校;2012年
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