国家工作人员经济类职务犯罪问题研究
发布时间：2018-11-06 06:54
【摘要】： 国家工作人员经济类职务犯罪兼具有经济犯罪与职务犯罪的一般特点,本质上是一种权力腐败行为,具有极其严重的危害性。其基本概念即国家工作人员利用职务便利，出于占有、挪用或其他谋取不法经济利益之目的，所实施的危害经济秩序或财产关系，触犯刑律应予刑罚的行为。其类型按照行为人不同的犯罪动因可分为解困型、享乐型、贪婪型、纵欲型；按照行为人不同的行为样式可分为占有型、挪用型、营利型和交易型。其近年来的特点主要有：立案数不断攀升，大案增幅较大；要案率大幅增加,一批高级干部卷入犯罪；“三机关一部门”犯罪较为突出；“五九”现象愈演愈烈。其发展趋势如下：短期内既不会得到非常有效的控制，也不会发展蔓延过快；新的犯罪形式将不断出现；“三机关一部门”犯罪仍将呈上升势头；主客体将日趋复杂；入世后一定时期内将更趋严重。其致罪因素具有多元性,就经济根源而言,主要表现为社会主要矛盾的长期存在，市场经济的消极影响及利益分配机制不合理;就政治根源而言,主要表现为权力监督制约机制失衡，法制不够健全，，用人不正之风和严重官僚主义；就思想文化根源而言，主要表现为封建主义和资本主义腐朽思想及我国古代儒家“官僚文化”的影响。其防治对策可分为两大层次：总体战略对策和具体运作对策。前者主要有：发展生产力,促进“两个文明”建设；全面推进“两个体制”改革；加强执政党的作风建设；推进依法治国进程；贯彻“两手抓两手硬”方针，坚持“标本兼治，打防并举”扼弊思想。后者主要有：贯彻落实相关防治工作运行机制；加强对市场经济和国家工作人员的制度化管理；强化权力监督制约机制；深入开展思想政治教育；充分发挥司法防治职能。
[Abstract]:The economic duty crime of state functionary has the general characteristics of both economic crime and duty crime. It is essentially a kind of power corruption and has extremely serious harmfulness. The basic concept is that the state functionaries take advantage of their functions and take advantage of their duties to violate the criminal law by endangering economic order or property relations for the purpose of possessing, misappropriating or seeking illegal economic interests. It can be divided into three types according to the different causes of crime: relief, enjoyment, greed and indulgence; according to the different behavior patterns, they can be divided into possession, misappropriation, profit and transaction. Its characteristics in recent years are as follows: the number of cases on file keeps rising and the number of major cases has increased greatly; the rate of major cases has increased substantially and a number of senior cadres have been involved in crimes; the crimes committed by the "three organs and one department" are more prominent; and the phenomenon of "five nine" has intensified. The development trend is as follows: in the short term, it will not be controlled very effectively, nor will it develop too quickly; new forms of crime will emerge constantly; the crime of "three organs and one department" will still be on the rise; the subject and object will become more and more complex; After joining WTO certain period will become more serious. As far as the economic root is concerned, the main reasons are the long-term existence of the main social contradictions, the negative influence of the market economy and the unreasonable mechanism of the distribution of benefits. As far as the political roots are concerned, the main manifestations are the imbalance of the power supervision and restriction mechanism, the imperfect legal system, the improper use of human resources and the serious bureaucracy. As far as ideological and cultural roots are concerned, they are mainly reflected in the decadent ideology of feudalism and capitalism and the influence of the "bureaucratic culture" of ancient Confucianism in China. The countermeasures can be divided into two levels: general strategic countermeasures and specific operational countermeasures. The former mainly includes: developing productive forces, promoting the construction of "two civilizations", comprehensively promoting the reform of "two systems", strengthening the construction of the ruling party's style of work, advancing the process of governing the country according to law; Carry out the policy of "two hands and two hands hard", insist on the idea of "treating both the root and the root of the disease, fighting and preventing simultaneously." The latter mainly includes: carrying out the operation mechanism of relevant prevention and control work; strengthening the institutionalized management of market economy and national staff; strengthening the mechanism of power supervision and restriction; carrying out ideological and political education in depth; giving full play to the function of judicial prevention and control.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D917
本文编号：2313481
[Abstract]:The economic duty crime of state functionary has the general characteristics of both economic crime and duty crime. It is essentially a kind of power corruption and has extremely serious harmfulness. The basic concept is that the state functionaries take advantage of their functions and take advantage of their duties to violate the criminal law by endangering economic order or property relations for the purpose of possessing, misappropriating or seeking illegal economic interests. It can be divided into three types according to the different causes of crime: relief, enjoyment, greed and indulgence; according to the different behavior patterns, they can be divided into possession, misappropriation, profit and transaction. Its characteristics in recent years are as follows: the number of cases on file keeps rising and the number of major cases has increased greatly; the rate of major cases has increased substantially and a number of senior cadres have been involved in crimes; the crimes committed by the "three organs and one department" are more prominent; and the phenomenon of "five nine" has intensified. The development trend is as follows: in the short term, it will not be controlled very effectively, nor will it develop too quickly; new forms of crime will emerge constantly; the crime of "three organs and one department" will still be on the rise; the subject and object will become more and more complex; After joining WTO certain period will become more serious. As far as the economic root is concerned, the main reasons are the long-term existence of the main social contradictions, the negative influence of the market economy and the unreasonable mechanism of the distribution of benefits. As far as the political roots are concerned, the main manifestations are the imbalance of the power supervision and restriction mechanism, the imperfect legal system, the improper use of human resources and the serious bureaucracy. As far as ideological and cultural roots are concerned, they are mainly reflected in the decadent ideology of feudalism and capitalism and the influence of the "bureaucratic culture" of ancient Confucianism in China. The countermeasures can be divided into two levels: general strategic countermeasures and specific operational countermeasures. The former mainly includes: developing productive forces, promoting the construction of "two civilizations", comprehensively promoting the reform of "two systems", strengthening the construction of the ruling party's style of work, advancing the process of governing the country according to law; Carry out the policy of "two hands and two hands hard", insist on the idea of "treating both the root and the root of the disease, fighting and preventing simultaneously." The latter mainly includes: carrying out the operation mechanism of relevant prevention and control work; strengthening the institutionalized management of market economy and national staff; strengthening the mechanism of power supervision and restriction; carrying out ideological and political education in depth; giving full play to the function of judicial prevention and control.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D917
【引证文献】
相关硕士学位论文 前2条
1 林玺;浙江省温州市2005年-2009年乡科级以上职务犯罪情况的调查报告[D];西南政法大学;2010年
2 杜宇红;高级官员腐败犯罪的原因及预防研究[D];湖南师范大学;2006年
本文编号：2313481
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