国家工作人员涉黑犯罪对策研究
发布时间：2018-09-09 13:28
【摘要】： 国家工作人员涉黑犯罪是在改革开放的新形势下、以黑社会性质组织及其犯罪为生长土壤和发展温床的新型犯罪。国家工作人员涉黑犯罪是与黑社会性质组织相互勾结的官员腐败，它严重地破坏了社会的安定局面和经济的健康发展，同时还损害了党和政府的廉洁形象。近年，我国的黑社会性质组织开始膨胀壮大、黑社会性质组织犯罪日益猖獗，与黑社会性质组织相互渗透、恶性循环的国家工作人员涉黑犯罪也不断地滋生蔓延。严厉打击黑社会性质组织犯罪、彻底铲除与之纠缠的国家工作人员涉黑犯罪是党、政府和全国人民最迫切的愿望。 本文针对国家工作人员涉黑犯罪这一热点问题，展开论述并试图在剖析国家工作人员涉黑犯罪成因、特点的基础上，提出有效的国家工作人员涉黑犯罪预防对策和侦查对策。全文共分为三个部分。 第一部分，国家工作人员涉黑犯罪概述。 黑社会性质组织是国家工作人员涉黑犯罪的属概念，准确把握黑社会性质组织是正确认识国家工作人员涉黑犯罪理论的起点。本文在探究黑社会性质组织的历史发展形态的基础上，首先明确黑社会性质组织的概念：黑社会性质组织即是以暴力、威胁或者其他手段有组织地破坏经济、社会生活秩序的非法组织。然后，从黑社会性质组织的组织结构、经济实力、社会背景及作案手段等四个方面揭示出黑社会性质组织的本质特征。并且从组织程度、犯罪目的、经济实力及犯罪行为方式等四个方面将黑社会性质组织与一般犯罪集团加以区别，以强调黑社会性质组织的特殊性。 在准确把握黑社会性质组织的概念及特征的前提下，提出国家工作人员涉黑犯罪的概念，即国家工作人员组织、领导、参加黑社会性质组织及其犯罪，或者包庇、纵容、保护黑社会性质组织及其犯罪，严重侵犯我国刑法所保护的社会关系，危害社会，依法应受刑罚处罚的行为。然后，将国家工作人员涉黑犯罪划分为组织领导、积极参与、包庇保护、渎职放纵等四种类型。接着，开始剖析国家工作人员涉黑犯罪的特点。研究国家工作人员涉黑犯罪的特点是侦查机关制定侦查对策的基础和前提，是侦查机关在开展国家工作人员涉黑犯罪的侦查工作中取得主动权的保证。因此，本文从犯罪主体、犯罪时间、犯罪行为等三个方面对国家工作人员涉黑犯罪的特点进行详细阐 述。 第二部分，国家工作人员涉黑犯罪的预防对策。 我国解决国家工作人员腐败问题的总方针是综合治理。本文论述的预防 对策亦以综合治理为丰眯指导方针，综合使用政治、经济、行政、文化、思 想教育等各种方法和措施。 本部分主要从以下八个方面进行阐述:强化权力制约，其实质就是保证 国家工作人员既能有效地行使权力，又能制止超越、滥用职权等对权力的非 规范运用;加强检察监督，检察机关基于法律监督职能而进行的预防国家工 作人员涉黑犯罪工作具有法定性、强制性、专业性和权威性的优点加强思 想道德教育，以德治国对于预防国家工作人员涉黑犯罪指出了一条新路;完 善法制环境，主要从制定和完善国家工作人员行为的准则、实现检察机关对 预防国家工作人员涉黑犯罪的法制化以及完善规定国家工作人员涉黑犯罪 的相关法律三个方面加以阐述;加强和发挥人大代表的监督职能作用，组成 国家的各级权力机关并对国家工作人员的工作实施监督，是防止国家工作人 员涉黑犯罪的一个重要环节;建立国家工作人员的财产申报帘峻，可以促使 国家工作人员廉洁自律;重视国家工作人员的养廉，合理改善国家工作人员 的经济待遇，是加强廉正建设的一个重要措施;健全和完善举报制度，是依 靠关大群众揭露和惩治国家工作人员涉黑犯罪的有效形式。 第三部分，国家工作人员涉黑犯罪的侦查对策。这是本文研究的重点。 首先剖析国家工作人员涉黑犯罪侦查的特点。研究国家工作人员涉黑犯 罪侦查的特点旨在把握国家工作人员涉黑犯罪侦查的规律，为制定行之有效 的侦查对策提供认识方法上的前提。国家工作人员涉黑犯罪侦查主要有四个 方面的特点:从事到人、从人再到事的侦查过程;侦查过程中矛盾双方的对 抗性;案件线索少以及取证难。 然后分析有效性侦查对策的基本条件。要最大限度地实现国家工作人员 涉黑犯罪侦查对策的有效性，，有必要解决三个方面的问题:重视国家工作人 员涉黑犯罪的侦查工作，加强国家工作人员涉黑犯罪侦查的研究工作，重视 国家工作人员涉黑犯罪侦查的情报工作。 接着，重点分析国家工作人员涉黑犯罪的侦查对策。依据侦查对策的功 能范围，侦查对策可以分为基本侦查对策和具体侦查对策。基本侦查对策为 侦查的.线略目标服务;具体侦查对策为侦查的战术目标服务。本文亦将国家 工作人员涉黑犯罪侦查对策分为基本侦查对策和具体侦查对策。 国家工作人员涉黑犯罪侦查的基本对策贯穿于国家工作人员涉黑犯罪 侦查工作的始终，是具体侦查对策得以实现的保证。制定国家工作人员涉黑 犯罪侦查基本对策的基本出发点，就是在政策精神和法律规定的范围内，根 据斗争形式的需要，以最优的谋略、最少的侦查力量，准确、即时地揭露和 证实侦查对象的犯罪事实。
[Abstract]:Under the new situation of reform and opening up, the crime of state functionaries involved in underworld is a new type of crime which takes the underworld-like organizations and their crimes as the growing soil and the hotbed of development. In recent years, China's gangland-like organizations have begun to expand, gangland-like organizations have become increasingly rampant, infiltrated into each other with gangland-like organizations, and the vicious circle of state workers'Gangland-related crimes have been growing and spreading. In addition to entanglement with state workers, the most urgent desire of the party, the government and the whole nation lies in gangs crime.
Based on the analysis of the causes and characteristics of the crimes involving criminal syndicates committed by state functionaries, this paper puts forward effective countermeasures for the prevention and investigation of crimes involving criminal syndicates committed by state functionaries.
The first part is about the overview of state workers' crime of gangland.
Mafia-like organization is a concept belonging to the state functionaries'crime involving mafia, and accurately grasping the mafia-like organization is the starting point to correctly understand the theory of the state functionaries' crime involving mafia. That is to say, it is an illegal organization that destroys the order of economy and social life by violence, threat or other means. Then, it reveals the essential characteristics of the underworld-like organization from the organizational structure, economic strength, social background and means of crime, and from the organizational level, criminal purpose, economic strength and so on. In order to emphasize the particularity of the underworld-like organization, the underworld-like organization is distinguished from the general criminal group in four aspects, such as the mode of crime.
On the premise of accurately grasping the concept and characteristics of the underworld-like organizations, this paper puts forward the concept of the crime involving the underworld of state functionaries, namely, the organization, leadership, participation in the underworld-like organizations and their crimes, or shelter, connive, protect the underworld-like organizations and their crimes, and seriously infringe upon the social relations protected by the criminal law of our country. Then, it divides the crime involving criminal syndicates of state functionaries into four types: organization leadership, active participation, shelter protection, dereliction of duty and indulgence. Then, it begins to analyze the characteristics of the crime involving criminal syndicates of state functionaries. The basis and premise of the policy is the guarantee that the investigative organs can take the initiative in the investigation of crimes involving criminal syndicates committed by state functionaries.
Say.
The second part is about the prevention measures of state workers' crime of ganging up.
The general principle of solving the problem of corruption of state workers is comprehensive management.
The strategy is to use comprehensive management as the guiding principle of Feng MI and comprehensively use political, economic, administrative and cultural considerations.
Think of education and other methods and measures.
This section mainly expounds from the following eight aspects: strengthening the power restriction, its essence is guarantee.
State workers can effectively exercise their power, and they can also stop excessive power and abuse of power.
Standardize the application; strengthen procuratorial supervision; procuratorial organs carry out the prevention of state work on the basis of the function of legal supervision.
It is mandatory, professional, and authoritative to strengthen criminal work.
Moral education and rule of virtue are a new way to prevent state workers from ganging up crimes.
Good legal environment, mainly from the formulation and improvement of the norms of national staff conduct, procuratorial organs to achieve
To prevent the legalization of state employees' crime of Mafia and improve the regulations of state personnel related crime
The three aspects of the relevant laws are expounded; strengthening and exerting the supervisory function of the NPC deputies.
The organs of state power at all levels and the supervision of the work of state personnel are to prevent state workers.
An important link in the crime of Mafia related crimes; the establishment of property declaration of state personnel can be promoted.
The state staff should be honest and self disciplined, pay attention to the honesty of the state staff and improve the state staff reasonably.
The economic treatment is an important measure to strengthen the construction of integrity.
Rely on the masses to expose and punish the effective forms of crimes committed by state personnel.
The third part is about the Investigative Countermeasures of state workers' crime of ganging up crimes. This is the key point of this paper.
First of all, the characteristics of state workers' criminal investigation are analyzed.
The characteristics of crime investigation are aimed at grasping the law of criminal investigation by the state personnel and making effective measures.
The investigative countermeasures provide a precondition for understanding methods. There are four major criminal investigations involving state personnel.
Characteristics of the party: the process of investigation from person to person, and the contradiction between the two sides in the process of investigation.
Resistance; less clues and difficulty in obtaining evidence.
Then, the basic conditions of effective investigation countermeasures are analyzed.
It is necessary to solve three problems: the importance of national workers.
We should strengthen the investigative work of gangland crimes and strengthen the research work of the state personnel involved in black crimes investigation.
The intelligence work of state personnel involved in black crime investigation.
Then, it focuses on the analysis of the detection measures of state employees' crime of black crimes.
The scope of investigation can be divided into basic investigation and specific countermeasures.
The investigative strategy is to serve the tactical target of investigation.
The Countermeasures of staff crime detection are divided into basic investigation countermeasures and specific investigation countermeasures.
The basic countermeasures of the state personnel's criminal investigation involving black people run through the crimes committed by the state personnel.
Investigation is always a guarantee for the realization of specific investigation strategies.
The basic starting point of the basic countermeasures for criminal investigation is to root in the scope of policy spirit and legal provisions.
According to the needs of the form of struggle, with the best strategy and the least investigative power, we can reveal and accurately and accurately.
Confirm the facts of the crime.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D917.6
[Abstract]:Under the new situation of reform and opening up, the crime of state functionaries involved in underworld is a new type of crime which takes the underworld-like organizations and their crimes as the growing soil and the hotbed of development. In recent years, China's gangland-like organizations have begun to expand, gangland-like organizations have become increasingly rampant, infiltrated into each other with gangland-like organizations, and the vicious circle of state workers'Gangland-related crimes have been growing and spreading. In addition to entanglement with state workers, the most urgent desire of the party, the government and the whole nation lies in gangs crime.
Based on the analysis of the causes and characteristics of the crimes involving criminal syndicates committed by state functionaries, this paper puts forward effective countermeasures for the prevention and investigation of crimes involving criminal syndicates committed by state functionaries.
The first part is about the overview of state workers' crime of gangland.
Mafia-like organization is a concept belonging to the state functionaries'crime involving mafia, and accurately grasping the mafia-like organization is the starting point to correctly understand the theory of the state functionaries' crime involving mafia. That is to say, it is an illegal organization that destroys the order of economy and social life by violence, threat or other means. Then, it reveals the essential characteristics of the underworld-like organization from the organizational structure, economic strength, social background and means of crime, and from the organizational level, criminal purpose, economic strength and so on. In order to emphasize the particularity of the underworld-like organization, the underworld-like organization is distinguished from the general criminal group in four aspects, such as the mode of crime.
On the premise of accurately grasping the concept and characteristics of the underworld-like organizations, this paper puts forward the concept of the crime involving the underworld of state functionaries, namely, the organization, leadership, participation in the underworld-like organizations and their crimes, or shelter, connive, protect the underworld-like organizations and their crimes, and seriously infringe upon the social relations protected by the criminal law of our country. Then, it divides the crime involving criminal syndicates of state functionaries into four types: organization leadership, active participation, shelter protection, dereliction of duty and indulgence. Then, it begins to analyze the characteristics of the crime involving criminal syndicates of state functionaries. The basis and premise of the policy is the guarantee that the investigative organs can take the initiative in the investigation of crimes involving criminal syndicates committed by state functionaries.
Say.
The second part is about the prevention measures of state workers' crime of ganging up.
The general principle of solving the problem of corruption of state workers is comprehensive management.
The strategy is to use comprehensive management as the guiding principle of Feng MI and comprehensively use political, economic, administrative and cultural considerations.
Think of education and other methods and measures.
This section mainly expounds from the following eight aspects: strengthening the power restriction, its essence is guarantee.
State workers can effectively exercise their power, and they can also stop excessive power and abuse of power.
Standardize the application; strengthen procuratorial supervision; procuratorial organs carry out the prevention of state work on the basis of the function of legal supervision.
It is mandatory, professional, and authoritative to strengthen criminal work.
Moral education and rule of virtue are a new way to prevent state workers from ganging up crimes.
Good legal environment, mainly from the formulation and improvement of the norms of national staff conduct, procuratorial organs to achieve
To prevent the legalization of state employees' crime of Mafia and improve the regulations of state personnel related crime
The three aspects of the relevant laws are expounded; strengthening and exerting the supervisory function of the NPC deputies.
The organs of state power at all levels and the supervision of the work of state personnel are to prevent state workers.
An important link in the crime of Mafia related crimes; the establishment of property declaration of state personnel can be promoted.
The state staff should be honest and self disciplined, pay attention to the honesty of the state staff and improve the state staff reasonably.
The economic treatment is an important measure to strengthen the construction of integrity.
Rely on the masses to expose and punish the effective forms of crimes committed by state personnel.
The third part is about the Investigative Countermeasures of state workers' crime of ganging up crimes. This is the key point of this paper.
First of all, the characteristics of state workers' criminal investigation are analyzed.
The characteristics of crime investigation are aimed at grasping the law of criminal investigation by the state personnel and making effective measures.
The investigative countermeasures provide a precondition for understanding methods. There are four major criminal investigations involving state personnel.
Characteristics of the party: the process of investigation from person to person, and the contradiction between the two sides in the process of investigation.
Resistance; less clues and difficulty in obtaining evidence.
Then, the basic conditions of effective investigation countermeasures are analyzed.
It is necessary to solve three problems: the importance of national workers.
We should strengthen the investigative work of gangland crimes and strengthen the research work of the state personnel involved in black crimes investigation.
The intelligence work of state personnel involved in black crime investigation.
Then, it focuses on the analysis of the detection measures of state employees' crime of black crimes.
The scope of investigation can be divided into basic investigation and specific countermeasures.
The investigative strategy is to serve the tactical target of investigation.
The Countermeasures of staff crime detection are divided into basic investigation countermeasures and specific investigation countermeasures.
The basic countermeasures of the state personnel's criminal investigation involving black people run through the crimes committed by the state personnel.
Investigation is always a guarantee for the realization of specific investigation strategies.
The basic starting point of the basic countermeasures for criminal investigation is to root in the scope of policy spirit and legal provisions.
According to the needs of the form of struggle, with the best strategy and the least investigative power, we can reveal and accurately and accurately.
Confirm the facts of the crime.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D917.6
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