美国paper写作--Duty crime
摆渡论文网(www.baydue.com)-专业留学生作业辅导中心美国paper写作-Duty crimePrevention of duty crime is a hot issue concerned by modern countries and one of the strategies to solve the corruption problem in China. It requires the state not only to have special laws and regulations on the prevention of duty crimes, but also to have practical and effective preventive measures in line with the national conditions. But from practice, our country is in the transition period of planned economy to market economy, preventing duty crime is facing a severe test. In order to achieve the goal of effective prevention of official crime, it is necessary to improve the legal system and political and economic system. The prevention of duty crime is a subject of theoretical and practical value. This paper tries to discuss the countermeasures of the prevention of official crime from the meaning of official crime, so as to be helpful to the prevention of official crime and the fight against corruption.The scientific definition of duty crime is the premise and foundation of combating and preventing duty crime. At present, there are several views on the concept of duty crime in China's legal circle:According to the first view, "the so-called duty crime, also known as the duty crime, refers to the general term for the intentional or negligent execution of all kinds of behaviors that are necessarily related to the duty and should be punished according to the criminal law." The second view holds that "the so-called duty crime in China is the general term for the crime of a kind of duty specified in the criminal law of China and the decision of the NPC standing committee. It refers to the act of a national public servant or a public servant who takes advantage of his position, or abuses his power and does not discharge his duties to undermine the state's management of official activities and should be punished according to the criminal law." The third kind of view is that "the duty crime, is refers to the staff, the state-owned enterprises staff or other staff by taking advantage of his illegal activities, or to work seriously irresponsible, fails to perform or not perform their duties correctly, undermine the management function of duty behavior, behavior in accordance with the criminal law shall be punished with criminal penalty." A fourth view, "the duty crime, is refers to the state personnel and personnel engaged in official duties according to law by taking advantage of his office, or to work seriously irresponsible, fails to perform or not perform their duties correctly, undermine the management function of official activities, causing serious losses to the state and the people's interests, in accordance with the behavior of the criminal law shall be punished with criminal penalty." The fifth view holds that "duty crime is the general term for the criminal ACTS committed by a national public servant by taking advantage of his position to carry out illegal activities, or by abusing his power, neglecting his duty, detaining his personal conduct and committing malpractices to undermine the state's administration of duty behavior, which shall be subject to criminal penalties according to the criminal law."From what has been discussed above, the author thinks that, to make the following statement: the concept of duty crime should be duty crime refers to the state public servants by taking advantage of his office, abuse of power, dereliction of duty, malpractice detained private, the destruction of the intent or negligence to the implementation of the national management function of official activities, all kinds of crimes in accordance with the criminal law should be punished with criminal penalty.First, it directly endangers the stability of state power. The ruling status of the communist party of China is based on close ties with the people and serves the people wholeheartedly. The party and government enjoy high prestige among the people and the political power is very stable. But with the reform and opening up and the development of economy, the problem of corruption is becoming more and more serious in China during the transition period. State functionaries used their position to dissimilate the increasing number and amount of public power for personal gain, which seriously damaged the relationship between the party and the people. Official crime is the most serious form of corruption, its breeding and spread directly related to the survival of the party and the country. It can be seen that official crime has become a major political issue that endangers the stability of state power. Second, it undermines the building of socialist democracy and the rule of law. The fundamental duty of state functionaries is to uphold the socialist rule of law and strictly enforce the law. If a state functionary violates the law by enforcing the law and USES his power to trample on the law, he will inevitably violate the dignity of the social