论政府采购中的职务犯罪及其预防
发布时间：2018-07-23 12:37
【摘要】：从最初试点到全面推行的十多年间,我国政府采购制度经历了从无到有、从小到大的发展历程,政府采购的规模日益庞大,采购程序也日益规范,发展速度不断加快。但从现阶段来看,中国政府采购制度的发展并不成熟,在具体的采购过程中还存在着许多问题。由于政府采购法制的不完备,机构权力过分集中,监督机制的缺失,专家评委警惕心不强、法律意识淡薄,等等。政府采购中的职务犯罪尤为突出。政府采购中职务犯罪的特点表现为隐蔽性较强,商业性显著,专家涉案人员较多,等等。此类犯罪的产生原因也是多种多样,集中表现为采购法制不够完善,分散采购弊端重重,本文结合我国采购制度,借鉴外国之先进经验,提出相应的预防策略,包括在立法方面,完善政府采购法规体系、完善预防腐败方面的立法、完善刑法中职务犯罪的规定;在立法之外,实现政府采购与行贿档案查询系统的对接、建立健全政府采购监督机制、充盈政府采购专家资源库、加强政府采购队伍自身建设等等。
[Abstract]:From the initial trial to the overall implementation of more than ten years, our government procurement system has experienced a process of development from scratch to existence, from small to large, the scale of government procurement is increasingly large, procurement procedures are also increasingly standardized, the speed of development continues to accelerate. However, at this stage, the development of Chinese government procurement system is not mature, there are still many problems in the specific procurement process. Due to the incomplete legal system of government procurement, excessive concentration of institutional power, lack of supervision mechanism, weak vigilance on the part of expert judges, weak legal consciousness, and so on. The official crime in government procurement is particularly prominent. The characteristics of duty crime in government procurement are strong concealment, remarkable commercial nature, more experts involved, and so on. The causes of this kind of crime are also various. The concentrated manifestation is that the procurement legal system is not perfect enough and the procurement system is scattered with many disadvantages. This paper combines the procurement system of our country, draws lessons from the advanced experience of foreign countries, and puts forward the corresponding prevention strategies. Including in the legislative aspect, consummates the government procurement legal system, consummates the prevention corruption aspect legislation, consummates the criminal law duty crime stipulation, in addition to the legislation, realizes the government procurement and the bribery file inquiry system docking, Establish and improve the supervision mechanism of government procurement, replenish the resource base of government procurement experts, and strengthen the construction of government procurement team itself.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D917
本文编号：2139437
[Abstract]:From the initial trial to the overall implementation of more than ten years, our government procurement system has experienced a process of development from scratch to existence, from small to large, the scale of government procurement is increasingly large, procurement procedures are also increasingly standardized, the speed of development continues to accelerate. However, at this stage, the development of Chinese government procurement system is not mature, there are still many problems in the specific procurement process. Due to the incomplete legal system of government procurement, excessive concentration of institutional power, lack of supervision mechanism, weak vigilance on the part of expert judges, weak legal consciousness, and so on. The official crime in government procurement is particularly prominent. The characteristics of duty crime in government procurement are strong concealment, remarkable commercial nature, more experts involved, and so on. The causes of this kind of crime are also various. The concentrated manifestation is that the procurement legal system is not perfect enough and the procurement system is scattered with many disadvantages. This paper combines the procurement system of our country, draws lessons from the advanced experience of foreign countries, and puts forward the corresponding prevention strategies. Including in the legislative aspect, consummates the government procurement legal system, consummates the prevention corruption aspect legislation, consummates the criminal law duty crime stipulation, in addition to the legislation, realizes the government procurement and the bribery file inquiry system docking, Establish and improve the supervision mechanism of government procurement, replenish the resource base of government procurement experts, and strengthen the construction of government procurement team itself.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D917
【引证文献】
相关硕士学位论文 前1条
1 马卓;完善政府采购促进民族产业发展研究[D];吉林财经大学;2013年
，本文编号：2139437
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