职务犯监管改造对策研究
发布时间：2018-11-16 12:30
【摘要】：十八大以来,面对当前的反腐工作,中央的立场极其果决——“重拳反腐零容忍”,在党纪国法的触犯者面前绝无例外,不留情面,“老虎”、“苍蝇”一起打,形成了由上至下、由里到外的层层反腐高压态势。在我国惩治职务犯罪力度日益增强的当下,职务犯罪比例逐年攀升,被判刑入狱的职务型罪犯也日渐增多。不可否认这是一个客观存在的群体,作为刑罚执行的监狱来说,面临着职务犯改造的巨大挑战。我国正处于社会改革与发展的转型期,国际环境复杂多变,如果自身不硬,转型将会面临失败的风险,因此如何更加科学的做好此类犯罪群体的监管改造工作,以提高罪犯改造质量不容忽视。当前,我国针对职务犯监管与教育的理论研究正在逐步增多,但从整体来说仍处于摸索阶段,相对于职务犯罪预防和惩治研究领域的炙手可热,职务犯改造机制研究则相对为学界所忽视。职务犯罪不但具备其本身的特点,职务犯罪罪犯更具有独特的主体特征,笔者通过深入分析职务犯在监管改造中所表现出的种种特点,联系实际的职务犯管教需求,归纳出职务犯改造的基本规律和经验,提出创新职务犯的刑罚执行对策研究,已达到职务犯教育改造的最终目的。这项工作能对预防职务犯罪起到经验借鉴和总结的作用,如何有效的利用职务犯的矫治从源头上预防职务犯罪,构建一个公正、廉洁、高效的中国政府,是当前刑罚执行工作面临的重要使命,也是构建社会主义和谐社会的重要保证。笔者根据自身实践工作经历和亲身体验,结合有关专家、学者的学术成果,从以下三章展开研究论述:第一章提出问题,以湖南省某监狱为蓝本,对在押职务犯基本情况摸底调研,进而论述了职务犯的犯罪原因和改造特点;第二章分析问题,从政策法律、监管模式、改造内容、严格执法、自我认识、民警能力六个具体方面进行了探讨,层层深入,分析了现有职务犯监管改造的得与失;第三章解决问题,就进一步怎样改进现有职务犯的管理模式,科学地实施教育改造理念,进行深入研究探讨,并提出完善对策的建议。
[Abstract]:Since the 18th National Congress, in the face of the current anti-corruption work, the Central Committee has taken a very firm stand of "heavy fist, zero tolerance against corruption," and there is absolutely no exception to those who violate the party's discipline and state law, without exception, "tigers" and "flies" fighting together. Formed from top to bottom, from inside to outside layers of anti-corruption pressure. With the increasing punishment of duty crime in our country, the proportion of duty crime is increasing year by year, and the number of job-related criminals who have been sentenced to prison is increasing day by day. There is no denying that this is an objective group, as a penalty-enforcement prison, facing a huge challenge of reform of duty criminals. China is in the transition of social reform and development, the international environment is complex and changeable, if not hard, the transition will face the risk of failure, so how to do a more scientific supervision and reform of such criminal groups, In order to improve the quality of reform of criminals can not be ignored. At present, the theoretical research on the supervision and education of job-related offenders in China is increasing gradually, but on the whole, it is still in the groping stage, which is relatively hot in the field of prevention and punishment of job-related crimes. The research on the reform mechanism of duty criminals is relatively ignored by the academic circles. Job-related crime not only has its own characteristics, but also has its own unique subjective characteristics. The author, through in-depth analysis of the characteristics of job-related offenders in the reform of supervision and control, combines the actual demand for discipline of job-related offenders. This paper sums up the basic law and experience of the reform of job-related criminals, and puts forward the research on the countermeasures of innovating the punishment execution of job-related offenders, which has achieved the ultimate goal of the educational reform of job-related offenders. This work can serve as a reference and summary for the prevention of job-related crimes. How to effectively use the correction of job-related criminals to prevent job-related crimes from the source, and to build a fair, clean and efficient Chinese government, It is not only the important mission of penalty enforcement, but also the guarantee of building a harmonious socialist society. According to my own practical work experience and personal experience, combined with the academic achievements of relevant experts and scholars, the author starts his research from the following three chapters: the first chapter puts forward questions, taking a prison in Hunan Province as a blueprint, The author investigates the basic situation of duty criminals in custody, and then discusses the crime reasons and reform characteristics of duty criminals. The second chapter analyzes the problems, from the policy and law, supervision model, reform content, strict law enforcement, self-understanding, the police ability of six specific aspects to explore, layer by layer in-depth analysis of the existing reform of the gains and losses of duty offenders; The third chapter solves the problem, how to further improve the management mode of the existing job-related offenders, scientifically implement the concept of educational reform, conduct in-depth research and discussion, and put forward suggestions to improve the countermeasures.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
本文编号：2335524
[Abstract]:Since the 18th National Congress, in the face of the current anti-corruption work, the Central Committee has taken a very firm stand of "heavy fist, zero tolerance against corruption," and there is absolutely no exception to those who violate the party's discipline and state law, without exception, "tigers" and "flies" fighting together. Formed from top to bottom, from inside to outside layers of anti-corruption pressure. With the increasing punishment of duty crime in our country, the proportion of duty crime is increasing year by year, and the number of job-related criminals who have been sentenced to prison is increasing day by day. There is no denying that this is an objective group, as a penalty-enforcement prison, facing a huge challenge of reform of duty criminals. China is in the transition of social reform and development, the international environment is complex and changeable, if not hard, the transition will face the risk of failure, so how to do a more scientific supervision and reform of such criminal groups, In order to improve the quality of reform of criminals can not be ignored. At present, the theoretical research on the supervision and education of job-related offenders in China is increasing gradually, but on the whole, it is still in the groping stage, which is relatively hot in the field of prevention and punishment of job-related crimes. The research on the reform mechanism of duty criminals is relatively ignored by the academic circles. Job-related crime not only has its own characteristics, but also has its own unique subjective characteristics. The author, through in-depth analysis of the characteristics of job-related offenders in the reform of supervision and control, combines the actual demand for discipline of job-related offenders. This paper sums up the basic law and experience of the reform of job-related criminals, and puts forward the research on the countermeasures of innovating the punishment execution of job-related offenders, which has achieved the ultimate goal of the educational reform of job-related offenders. This work can serve as a reference and summary for the prevention of job-related crimes. How to effectively use the correction of job-related criminals to prevent job-related crimes from the source, and to build a fair, clean and efficient Chinese government, It is not only the important mission of penalty enforcement, but also the guarantee of building a harmonious socialist society. According to my own practical work experience and personal experience, combined with the academic achievements of relevant experts and scholars, the author starts his research from the following three chapters: the first chapter puts forward questions, taking a prison in Hunan Province as a blueprint, The author investigates the basic situation of duty criminals in custody, and then discusses the crime reasons and reform characteristics of duty criminals. The second chapter analyzes the problems, from the policy and law, supervision model, reform content, strict law enforcement, self-understanding, the police ability of six specific aspects to explore, layer by layer in-depth analysis of the existing reform of the gains and losses of duty offenders; The third chapter solves the problem, how to further improve the management mode of the existing job-related offenders, scientifically implement the concept of educational reform, conduct in-depth research and discussion, and put forward suggestions to improve the countermeasures.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
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