腐败犯罪行为生成与防控
发布时间：2018-07-29 08:26
【摘要】： 犯罪既是一种社会事实，又是一种社会评价。同时，任何犯罪行为的发生，既是行为人自身反社会心理和行为倾向的外在表现，也在于特定情景的推动。在犯罪学上，可以用“犯罪行为=犯罪人人格+罪前情景+社会反应”来表达犯罪行为的生成。本文即围绕腐败犯罪人的人格特征、腐败犯罪罪前情景、腐败犯罪社会反应三方面探讨腐败犯罪行为的生成，并在此基础上探讨腐败犯罪行为的防控，全本共分为五个部分： 第一部分，前言。笔者首先对本文的研究目的进行了阐述。面对腐败犯罪的严峻现实，理论研究出现了一些偏差，偏重现象而非行为的空乏议论难以指导实践。因而，本文从腐败犯罪行为出发，研究其生成及防控。对某事物进行研究之前，有必要对其准确界定。作者在前言部分对腐败犯罪行为的内涵和本质进行了前提性的界定，并具体到我国的刑法规定，腐败犯罪行为包括贪污贿赂犯罪行为和部分渎职犯罪行为(必须是同时侵犯公职的公正性和廉洁性的渎职犯罪行为，而像国家机关工作人员签订、履行合同失职被骗罪等单纯的过失型渎职犯罪不属于腐败犯罪行为之列)。 第二部分，即第一章，腐败犯罪行为生成的三大要素系统。考察犯罪行为生成的客观过程，我们发现社会中能够生成犯罪行为必须具备犯罪人要素、社会情景要素以及社会评价(社会反应)要素，三个要素共同作用、缺一不可，具有社会评价意义的所谓的犯罪行为才能得以生成。因此，探讨腐败犯罪行为的生成，必须要分析腐败犯罪人人格、腐败犯罪罪前情景、腐败犯罪社会反应三大要素系统。我们在这一部分从腐败犯罪生成的三大要素系统入手，阐述为什么会生成腐败犯罪行为，为后面研究腐败犯罪行为生成机制(腐败犯罪行为怎样生成的)打下基础，以期最后建立科学的腐败犯罪控制系统。 犯罪人人格是犯罪生成的根本原因。具体而言，导致腐败犯罪行为生成的腐败犯罪人格核心要素主要包括腐败犯罪行为人的需要、动机、人生观、世界观等。需要是人类行为的根本原因，动机是行为最直接的动力，而人生观和世界观是需要和动机的最高调节器。腐败犯罪需要具体表现为物质欲极度扩展、权力欲极度扩展、通过权力权利化的方式来满足权力欲和物质欲。腐败犯罪人的动机主要有：图财、补偿、虚荣。由于世界观、人生观的最高调节器作用，腐败犯罪行为人错误的世界观、反社会的人生观、腐朽的权力观，导致他们没有崇高的理想、追求物质资源的最大化，极端个人主义、损公肥私，把权力私有化、商品化。以此三者为核心的腐败犯罪人格成为了腐败犯罪的内驱力，是个体走向腐败之路的最根本原因。 情景，即事物在具体场合中所呈现的样态。在社会生活中，情景因素不仅构成了个体社会活动的背景条件，而且也参与着作为个体行为内驱力的动机的形成过程。个体所面临的直接促使其形成犯罪动机和将这种动机转化为侵害行为的外在形势即罪前情景。基于罪前情景要素在促成犯罪行为的方式和作用层次上的不同，可以分为原发性情景和过渡性情景。在罪前情景的各种要素中，作为组成之一的被害人要素备受当代犯罪学的关注。本文也将着重对腐败犯罪被害人这一情景因素进行分析。在此，作者首先分析了国家是腐败犯罪的被害人，接着指出国家被害人的被害性，还论述了腐败犯罪的犯罪人与被害人的互动。对国家被害人的分析，使我们找到了腐败犯罪行为滋生的更为直观和形象的原因。 社会反应是国家立法机关或者司法机关、社会群体将某些越轨行为认定(标定、命名)为犯罪行为的过程。离开了一定形式的社会反应，侵害行为就仅仅是一种事实状态，也就没有“犯罪行为”这种具有特殊社会含义的行为类型可言。因此，腐败犯罪社会反应是腐败犯罪行为的生成必不可少的要素。文中分别从腐败犯罪正式社会反应和非正式社会反应阐述了各自对腐败犯罪行为生成的作用。 第三部分，即第二章，腐败犯罪行为生成机制。在本部分，分层次、分阶段解析腐败犯罪行为的生成机制：在不良的人生观和腐朽的权力观指引下，腐败犯罪人的权力欲和物质欲无限扩展，并受到外界不良因素不断刺激，产生以权谋私、滥用职权的行为动机(以便满足其权力欲和物质欲)，经历内心的动机斗争，最终形成腐败犯罪决意，即完成了腐败犯罪的动力系统的构建，使腐败犯罪行为进入怎样行动的阶段。腐败犯罪人能否即刻采取行动，并不完全以腐败犯罪人的意志为转移，还要受其环境(包括被害人状态以及实施行为时的时空条件和其他相关因素)的制约。也就是说，腐败犯罪人格和罪前情景因素共同作用，引发腐败犯罪动机的生成，罪前情景因素继续发挥作用，促使动机转化为行为。同时，，腐败犯罪社会反应因素可以强化或弱化腐败犯罪需要、动机及其犯罪人格。 在本章中，从腐败犯罪人格、腐败罪前情景的形成入手，再分析两者的共同作用导致腐败犯罪动机的生成；动机形成后，罪前情景继续发挥作用，使腐败犯罪动机向腐败犯罪行为转化；腐败犯罪行为现实的得以实施，面对不同的社会反应，对腐败犯罪人的需要、动机、人格将产生不同的影响，面对消极的社会反应，腐败犯罪人的需要、动机、犯罪人格将得到强化和升级。 第四部分，即第三章，腐败犯罪控制系统。着眼于前两个部分腐败犯罪行为生成的分析，与之相对应，腐败犯罪的控制措施也应整合成为一个系统。简而言之，腐败犯罪控制系统应当分为三个子系统。第一子系统动力控制系统，主要针对腐败犯罪人格形成因素进行控制；第二子系统情景控制系统，主要是针对腐败犯罪产生的罪前情景要素进行控制；第三子系统社会反应控制系统，主要是针对腐败犯罪的社会反应。三个子系统相互影响、相互作用，统一构成腐败控制系统。以腐败犯罪行为生成系统为内核，腐败犯罪控制系统围绕、覆盖在腐败犯罪行为生成系统表面，两系统不断进行能量的传递和转化，当两系统之间达到动态平衡时，腐败犯罪行为被控制在社会发展许可的合理范围内。 动力控制系统，主要针对腐败犯罪人格因素进行控制。腐败动机来源于腐败犯罪人的需要，而个体的世界观、价值观决定着一个人总的思想倾向，决定着一个人的需要、动机、兴趣、理想、信念等。腐败犯罪人与社会对立的需要来源于错误的世界观，因而，正确的世界观是个体防腐拒变的坚实闸门。同时我们也应看到，人的需求永无知止境，这是人性所在，也是社会不断进步的源泉，因而，我们在矫正人们不现实的、与社会对立的需求时，也应满足其合理的、正当的需求，否则，就是违背人性而非理性的控制了。着眼于这两方面，我们在构建腐败犯罪动力控制系统时，首先要预设好适应市场经济的新公职人员的价值观，完善公职人员选拔任用、考核和罢免制度，完善对公职人员的教育工作，还要有满足其合法需求的制度建设等。 罪前情景因素不但在动力构建过程中发挥作用，而且在动机形成后继续推动，直接导致了犯罪行为的生成，因而，控制腐败犯罪必须进行腐败犯罪情景控制。而腐败犯罪罪前情景中最为直接、最关键的是被害人因素，核心便是国家的被害性：权力缺乏制衡和监督、权责不明确，诱发公职人员腐败犯罪动机并促成腐败动机向行为转化。鉴于此腐败犯罪情景控制主要应围绕明确权责、权力监督采取措施。 某一具有潜在刑法意义的腐败行为能否生成具有强烈社会否定意义的腐败犯罪行为，行为人能否获得具有强烈谴责意义的犯罪人身份而受到惩罚，取决于社会反应系统作用的发挥，且社会反应因素对腐败犯罪行为的生成还具有实质上的促动或抑制作用。正因为此，在寻求腐败犯罪对策时，仅从犯罪人和罪前情景角度展开还不够，还必须从社会反应角度出发，构建腐败犯罪评价控制系统。对应立法反应、司法反应以及非正式反应，我们在进行腐败犯罪评价控制时，须从完善腐败犯罪立法、健全检察制度、发挥社会舆论功能这几方面入手采取一系列措施，控制腐败犯罪行为的生成。 第五部分，结语。本文最后的结论是，腐败犯罪行为生成是主体人格、外在情景以及社会反应的共同作用，因而，对腐败犯罪行为的控制必然包括通过塑造行为人良好的人格促使其内在的自我控制，减少罪前情景因素以及发挥社会反应机制的外在社会控制。
[Abstract]:Crime is not only a social fact, but also a kind of social evaluation. At the same time, the occurrence of any criminal act is both the external manifestation of the anti social psychology and behavior tendency of the perpetrator itself, and the promotion of the specific situation. In criminology, the crime can be expressed by "criminal behavior = the personality of the criminal + the scene of the crime before the crime" and the social reaction. On the basis of the three aspects of the personality characteristics of the corrupt criminal, the scene of the crime of corruption and the social reaction of corruption and the social reaction of corruption, this paper discusses the prevention and control of the criminal behavior of corruption, which is divided into five parts.
The first part, preface. First, the author expounds the purpose of this study. Facing the serious reality of corruption crime, there are some deviations in the theoretical research, and it is difficult to guide the practice. Therefore, this paper studies its generation and prevention and control from the criminal act of corruption. It is necessary to define it accurately. In the preface, the author defines the connotation and nature of the criminal act of corruption, and specifically to the criminal law of our country, the criminal acts of corruption include corruption and bribery crimes and some acts of dereliction of duty (it must be a crime of malfeasance that violates the fairness and integrity of the public office at the same time, " A simple negligent malfeasance crime, such as signing a contract with a state organ, performing a contract dereliction of duty, or a fraud, is not a crime of corruption.
The second part, the first chapter, the three main elements of the generation of corruption crime, investigates the objective process of the generation of criminal behavior, and we find that the crime must have the elements of the criminal, the elements of the social situation and the factors of social evaluation (social reaction), and the three elements have the common effect, and the social evaluation has the social evaluation. So, the meaning of the so-called crime can be generated. Therefore, to explore the generation of corruption crime, we must analyze the personality of the corrupt criminal, the scene of the crime before the corruption crime and the social reaction of the corruption crime. We start with the three main elements of the corruption crime, and explain why the corrupt criminal is generated. The crime behavior lays the foundation for the later research on the formation mechanism of the corrupt criminal behavior (how the corruption crime is generated), in order to establish the scientific corruption crime control system at the end.
The personality of the criminal is the fundamental reason for the formation of the crime. In particular, the core elements of the corruption criminal personality that lead to the formation of the corrupt criminal act mainly include the needs, motives, outlook of life and the world view of the corrupt criminal. The essential reason for human behavior is the need for human behavior, and the motive is the most direct motive, while the outlook on life and the world view are needed. And the highest regulator of motivation. Corruption crime needs to be manifested as the extreme expansion of material desire, the extreme expansion of power, and the right of power to satisfy power desire and material desire. The main motives of the corrupt criminal are: money, compensation, vanity. The corruption criminal is wrong because of the world outlook, the highest regulator function of the outlook on life. The misconception of the world, the view of the antisocial life and the decadent view of power lead to the lack of lofty ideals, the pursuit of the maximization of material resources, the extreme individualism, the gain and loss of the public, the privatization of power, and the commercialization of the power, which are the core of the corrupt criminal personality as the core of the three parties, and the most fundamental of the individual's path to corruption. Reason.
In social life, situational factors not only constitute the background conditions for individual social activities, but also participate in the formation process of the motive of the internal drive of individual behavior. The individual faces the direct impetus to the formation of the motive of the crime and the transformation of this motive into a violation. In the situation before the crime scene. Based on the difference in the way and the level of the role of the crime before the crime, it can be divided into the original situation and the transitional situation. Among the various elements of the pre crime scene, the victim element is one of the key points of the contemporary Criminology. This article will also focus on the victims of the crime of corruption. In this case, the author first analyzes the state is the victim of the corruption crime, then points out the victimization of the national victim, and discusses the interaction between the perpetrators and the victims of the corruption crime. The analysis of the national victims makes us find the more intuitive and image reasons for the corruption crime.
The social reaction is the state legislature or the judicial organ, and the social group determines (demarcation, naming) a criminal act of some deviant behavior. The social reaction of a certain form is left, the violation is only a state of fact, and there is no "criminal act" as a kind of behavior type with special social meaning. The social reaction of corruption crime is an essential factor for the formation of corrupt criminal behavior. In this paper, the role of corruption crime is expounded from the formal social reaction and informal social reaction of corruption crime.
The third part, the second chapter, the formation mechanism of the corrupt criminal behavior. In this part, the formation mechanism of the corruption crime is divided into stages. Under the guidance of the bad outlook on life and the decadent view of power, the power desire and material desire of the corrupt perpetrators are expanded infinitely, and they are constantly stimulated by the external adverse factors, resulting in the abuse of power and the abuse of power. The action motive of the power of power (to satisfy his power desire and material desire), experience the inner motive struggle, and finally form the decision of the corruption crime, that is to complete the construction of the power system of the corruption crime, and make the corrupt criminal act in the stage of how to act. In order to transfer, it is also restricted by its environment (including the state of the victim and the time and space conditions and other related factors in the implementation of the behavior). That is to say, the joint action of the corrupt criminal personality and the pre crime scene factors leads to the formation of the motive of the crime of corruption, the situation factors before the crime continue to play a role, and the motive of the crime will be transformed into behavior. The social reaction factors of crime can strengthen or weaken the needs, motives and criminal personality of corruption.
In this chapter, we start with the formation of corruption crime personality and the formation of the situation before the crime of corruption, and then analyze the joint role of the two to lead to the formation of the motive of the corruption crime; after the formation of the motive, the situation of the crime before the crime continues to play a role in transforming the motive of the corruption crime to the corrupt criminal behavior; the reality of the corruption crime is implemented and faced with the different society. The needs, motives and personality of the corrupt criminal will have different effects, and the negative social reaction, the needs and motives of the corrupt perpetrators, and the criminal personality will be strengthened and upgraded.
The fourth part, the third chapter, the corruption crime control system. In view of the analysis of the generation of corruption in the first two parts, the control measures of the corruption crime should be integrated into a system. In short, the control system of corruption crime should be divided into three sub-systems. The first subsystem power control system, mainly aimed at corruption. The second sub-system scenario control system is mainly to control the pre crime scene elements produced by the corruption crime; the third subsystem social response control system is mainly aimed at the social reaction of the corruption crime. The three subsystems interact and interact with each other, and make up the corruption control system in a unified way. The system of corruption crime is formed as the kernel, the corruption crime control system is surrounded by the corruption crime control system, and the system is covered on the surface of the corruption crime generation system. The two systems continue to transfer and transform the energy. When the two systems reach the dynamic balance, the corruption crime is controlled in the reasonable scope of the social development license.
The power control system mainly controls the personality factors of the corruption crime. The motive of corruption comes from the needs of the corrupt criminal, and the individual world outlook determines a person's general ideological tendency and determines the needs, motives, interests, ideals and beliefs of a person. The need for the antagonism of the corrupt criminal and the society originates from the wrong. As a result, the correct world view is the solid gate of the individual anticorrosion and refusal. At the same time, we should also see that human needs are always ignorant, which is the place of human nature and the source of the continuous progress of society. Therefore, when we correct people's unrealistic and social needs, we should also meet their reasonable and proper needs. Otherwise, we should In view of these two aspects, we should first set up the values of the new public officials who adapt to the market economy, perfect the selection and appointment of public officials, the system of examination and removal, perfect the education work for the public servants and meet their legitimate needs. System construction and so on.
The pre crime situational factors not only play a role in the process of dynamic construction, but also continue to promote the formation of criminal behavior after the formation of the motive. Therefore, the control of corruption crime must be controlled by the situation of corruption crime. The most direct and critical is the victim factor in the former scene of the crime of corruption, and the core is the damage of the state. Sex: the lack of power and balance and supervision, the unclear power and responsibility, the motive of the corruption crime of public officials and the transformation of the corruption motive to the behavior. In view of the control of the situation of corruption crime, the power supervision should be focused on the clear power and responsibility, and the power supervision should take measures.
Whether a corrupt act with potential criminal meaning can generate a corrupt crime with strong social negative meaning and whether the person can be punished for the identity of a criminal who has a strong condemnation significance depends on the role of the social reaction system, and the social reaction is essential to the formation of the corruption crime. It is precisely because of this, that it is not enough only from the angle of the offender and the scene of the crime to seek the Countermeasures for the crime of corruption. We must also build a system for the evaluation and control of the corruption crime from the angle of social reaction. It is necessary to respond to the legislative reaction, the judicial reaction and the informal reaction. From perfecting the legislation of corruption crime, perfecting the procuratorial system and giving full play to the function of public opinion, we take a series of measures to control the generation of corruption crimes.
The fifth part, conclusion. The final conclusion of this article is that the formation of corruption crime is the common role of the subjective personality, the external situation and the social reaction. Therefore, the control of the criminal behavior of corruption inevitably includes the inner self control, the reduction of the pre crime scene factors and the social reaction machine through the shaping of the good personality of the perpetrator. The external social control of the system.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
本文编号：2152086
[Abstract]:Crime is not only a social fact, but also a kind of social evaluation. At the same time, the occurrence of any criminal act is both the external manifestation of the anti social psychology and behavior tendency of the perpetrator itself, and the promotion of the specific situation. In criminology, the crime can be expressed by "criminal behavior = the personality of the criminal + the scene of the crime before the crime" and the social reaction. On the basis of the three aspects of the personality characteristics of the corrupt criminal, the scene of the crime of corruption and the social reaction of corruption and the social reaction of corruption, this paper discusses the prevention and control of the criminal behavior of corruption, which is divided into five parts.
The first part, preface. First, the author expounds the purpose of this study. Facing the serious reality of corruption crime, there are some deviations in the theoretical research, and it is difficult to guide the practice. Therefore, this paper studies its generation and prevention and control from the criminal act of corruption. It is necessary to define it accurately. In the preface, the author defines the connotation and nature of the criminal act of corruption, and specifically to the criminal law of our country, the criminal acts of corruption include corruption and bribery crimes and some acts of dereliction of duty (it must be a crime of malfeasance that violates the fairness and integrity of the public office at the same time, " A simple negligent malfeasance crime, such as signing a contract with a state organ, performing a contract dereliction of duty, or a fraud, is not a crime of corruption.
The second part, the first chapter, the three main elements of the generation of corruption crime, investigates the objective process of the generation of criminal behavior, and we find that the crime must have the elements of the criminal, the elements of the social situation and the factors of social evaluation (social reaction), and the three elements have the common effect, and the social evaluation has the social evaluation. So, the meaning of the so-called crime can be generated. Therefore, to explore the generation of corruption crime, we must analyze the personality of the corrupt criminal, the scene of the crime before the corruption crime and the social reaction of the corruption crime. We start with the three main elements of the corruption crime, and explain why the corrupt criminal is generated. The crime behavior lays the foundation for the later research on the formation mechanism of the corrupt criminal behavior (how the corruption crime is generated), in order to establish the scientific corruption crime control system at the end.
The personality of the criminal is the fundamental reason for the formation of the crime. In particular, the core elements of the corruption criminal personality that lead to the formation of the corrupt criminal act mainly include the needs, motives, outlook of life and the world view of the corrupt criminal. The essential reason for human behavior is the need for human behavior, and the motive is the most direct motive, while the outlook on life and the world view are needed. And the highest regulator of motivation. Corruption crime needs to be manifested as the extreme expansion of material desire, the extreme expansion of power, and the right of power to satisfy power desire and material desire. The main motives of the corrupt criminal are: money, compensation, vanity. The corruption criminal is wrong because of the world outlook, the highest regulator function of the outlook on life. The misconception of the world, the view of the antisocial life and the decadent view of power lead to the lack of lofty ideals, the pursuit of the maximization of material resources, the extreme individualism, the gain and loss of the public, the privatization of power, and the commercialization of the power, which are the core of the corrupt criminal personality as the core of the three parties, and the most fundamental of the individual's path to corruption. Reason.
In social life, situational factors not only constitute the background conditions for individual social activities, but also participate in the formation process of the motive of the internal drive of individual behavior. The individual faces the direct impetus to the formation of the motive of the crime and the transformation of this motive into a violation. In the situation before the crime scene. Based on the difference in the way and the level of the role of the crime before the crime, it can be divided into the original situation and the transitional situation. Among the various elements of the pre crime scene, the victim element is one of the key points of the contemporary Criminology. This article will also focus on the victims of the crime of corruption. In this case, the author first analyzes the state is the victim of the corruption crime, then points out the victimization of the national victim, and discusses the interaction between the perpetrators and the victims of the corruption crime. The analysis of the national victims makes us find the more intuitive and image reasons for the corruption crime.
The social reaction is the state legislature or the judicial organ, and the social group determines (demarcation, naming) a criminal act of some deviant behavior. The social reaction of a certain form is left, the violation is only a state of fact, and there is no "criminal act" as a kind of behavior type with special social meaning. The social reaction of corruption crime is an essential factor for the formation of corrupt criminal behavior. In this paper, the role of corruption crime is expounded from the formal social reaction and informal social reaction of corruption crime.
The third part, the second chapter, the formation mechanism of the corrupt criminal behavior. In this part, the formation mechanism of the corruption crime is divided into stages. Under the guidance of the bad outlook on life and the decadent view of power, the power desire and material desire of the corrupt perpetrators are expanded infinitely, and they are constantly stimulated by the external adverse factors, resulting in the abuse of power and the abuse of power. The action motive of the power of power (to satisfy his power desire and material desire), experience the inner motive struggle, and finally form the decision of the corruption crime, that is to complete the construction of the power system of the corruption crime, and make the corrupt criminal act in the stage of how to act. In order to transfer, it is also restricted by its environment (including the state of the victim and the time and space conditions and other related factors in the implementation of the behavior). That is to say, the joint action of the corrupt criminal personality and the pre crime scene factors leads to the formation of the motive of the crime of corruption, the situation factors before the crime continue to play a role, and the motive of the crime will be transformed into behavior. The social reaction factors of crime can strengthen or weaken the needs, motives and criminal personality of corruption.
In this chapter, we start with the formation of corruption crime personality and the formation of the situation before the crime of corruption, and then analyze the joint role of the two to lead to the formation of the motive of the corruption crime; after the formation of the motive, the situation of the crime before the crime continues to play a role in transforming the motive of the corruption crime to the corrupt criminal behavior; the reality of the corruption crime is implemented and faced with the different society. The needs, motives and personality of the corrupt criminal will have different effects, and the negative social reaction, the needs and motives of the corrupt perpetrators, and the criminal personality will be strengthened and upgraded.
The fourth part, the third chapter, the corruption crime control system. In view of the analysis of the generation of corruption in the first two parts, the control measures of the corruption crime should be integrated into a system. In short, the control system of corruption crime should be divided into three sub-systems. The first subsystem power control system, mainly aimed at corruption. The second sub-system scenario control system is mainly to control the pre crime scene elements produced by the corruption crime; the third subsystem social response control system is mainly aimed at the social reaction of the corruption crime. The three subsystems interact and interact with each other, and make up the corruption control system in a unified way. The system of corruption crime is formed as the kernel, the corruption crime control system is surrounded by the corruption crime control system, and the system is covered on the surface of the corruption crime generation system. The two systems continue to transfer and transform the energy. When the two systems reach the dynamic balance, the corruption crime is controlled in the reasonable scope of the social development license.
The power control system mainly controls the personality factors of the corruption crime. The motive of corruption comes from the needs of the corrupt criminal, and the individual world outlook determines a person's general ideological tendency and determines the needs, motives, interests, ideals and beliefs of a person. The need for the antagonism of the corrupt criminal and the society originates from the wrong. As a result, the correct world view is the solid gate of the individual anticorrosion and refusal. At the same time, we should also see that human needs are always ignorant, which is the place of human nature and the source of the continuous progress of society. Therefore, when we correct people's unrealistic and social needs, we should also meet their reasonable and proper needs. Otherwise, we should In view of these two aspects, we should first set up the values of the new public officials who adapt to the market economy, perfect the selection and appointment of public officials, the system of examination and removal, perfect the education work for the public servants and meet their legitimate needs. System construction and so on.
The pre crime situational factors not only play a role in the process of dynamic construction, but also continue to promote the formation of criminal behavior after the formation of the motive. Therefore, the control of corruption crime must be controlled by the situation of corruption crime. The most direct and critical is the victim factor in the former scene of the crime of corruption, and the core is the damage of the state. Sex: the lack of power and balance and supervision, the unclear power and responsibility, the motive of the corruption crime of public officials and the transformation of the corruption motive to the behavior. In view of the control of the situation of corruption crime, the power supervision should be focused on the clear power and responsibility, and the power supervision should take measures.
Whether a corrupt act with potential criminal meaning can generate a corrupt crime with strong social negative meaning and whether the person can be punished for the identity of a criminal who has a strong condemnation significance depends on the role of the social reaction system, and the social reaction is essential to the formation of the corruption crime. It is precisely because of this, that it is not enough only from the angle of the offender and the scene of the crime to seek the Countermeasures for the crime of corruption. We must also build a system for the evaluation and control of the corruption crime from the angle of social reaction. It is necessary to respond to the legislative reaction, the judicial reaction and the informal reaction. From perfecting the legislation of corruption crime, perfecting the procuratorial system and giving full play to the function of public opinion, we take a series of measures to control the generation of corruption crimes.
The fifth part, conclusion. The final conclusion of this article is that the formation of corruption crime is the common role of the subjective personality, the external situation and the social reaction. Therefore, the control of the criminal behavior of corruption inevitably includes the inner self control, the reduction of the pre crime scene factors and the social reaction machine through the shaping of the good personality of the perpetrator. The external social control of the system.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
【参考文献】
相关期刊论文 前10条
1 陈正云;罪犯的犯罪决策的经济分析[J];法律科学(西北政法学院学报);1996年06期
2 姚建龙;非人格化:犯罪实施与犯罪控制[J];江苏公安专科学校学报;2002年04期
3 程宗璋;试论国家机关工作人员[J];甘肃行政学院学报;2000年01期
4 刘启君;公务员腐败决策过程及其对反腐败制度的启示[J];华中科技大学学报(社会科学版);2005年02期
5 唐汉卫;略论道德教育中的悖论[J];教育科学;2002年06期
6 刘祖云;论控制公共权力的四条路径[J];理论探讨;2005年02期
7 魏昌东;钱小平;;当代中国“寻租型”职务犯罪衍生机理与控制对策[J];社会科学;2006年01期
8 汪明亮,顾婷;犯罪决策的经济分析[J];铁道警官高等专科学校学报;2005年02期
9 王若阳;刑事被害人制度之比较[J];外国法译评;1999年02期
10 曾凡斌;;我国新闻职业道德重构之新思考[J];新闻三昧;2005年06期
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