Composition and elements of duty crime
(1), subject of duty crime:
Our country's laws stipulate the subject of duty crime: first, the staff of state organs; Second, the staff of state-owned companies, enterprises and institutions; Third, the staff of people's organizations; Fourth, personnel entrusted by state organs, state-owned companies, enterprises and institutions and people's organizations to manage state-owned property.
(2), the subjective elements of duty crime:
It refers to a kind of psychology and psychological state that the actor holds to the harmful consequences of his behavior.
(3), the objective elements of duty crime:
It violates the state's management function of job activities.
(4) The objective elements of duty crime.
According to the law of our country, the objective elements of duty crime mainly have the following three forms:
One is to take advantage of his position; Second, abuse of power; The third is serious irresponsibility, failure to perform or improper performance of duties.
Harmfulness of duty crime
Shake the foundation of state power
First of all, it will undermine the stability of the regime and lead to the crisis of the legitimacy of the political system. The national political system is a multi-component combination, according to Max? Weber believes that the ruling system of national political system is composed of voluntary obedience and belief system. The maintenance of a political power depends on the public's confirmation and belief in the legitimacy of the political system. The frequent occurrence of duty crimes will make the public think that the state has deviated from the original intention of existence, become a tool for power owners to make a fortune, or become an object of abuse and irresponsible exercise. In this case, the legitimacy of the existing state power will inevitably lead to a crisis and social unrest will occur. ? If people argue about which regime has legitimacy, the result will inevitably lead to civil war or revolution. ? Duty crime is a crime committed by public officials who hold public power, so it is always closely related to state power.
Comrade Deng Xiaoping (1904 ~ 1997) made an incisive summary of the serious harm brought by corruption to the regime, and he was so worried that he couldn't sleep at night. He pointed out? Corruption has penetrated into a wide range of social life, especially our party and government organs and cadres. Corruption, bribery and other criminal acts have reached an alarming level. If we take this lightly and let it spread, it will ruin our party, our political power and our great socialist cause. ? At the 16th National Congress of the Communist Party of China, he further pointed out clearly that if corruption is not resolutely punished, the flesh-and-blood ties between the Party and the people will be seriously damaged, the Party's position as the ruling party will be in danger of losing, and the Party may go to self-destruction. ?
Obviously, duty crime is the most serious manifestation of corruption, which is fundamentally opposite to the nature and purpose of our party. Its breeding and spread will endanger the ruling position of our party and the stability of state power, leading to political crisis.
Second, weaken the ruling ability of the party and the government. Our party's ruling position is based on close contact with the people and serving the people wholeheartedly. After liberation, the party and the government have high prestige among the people and the political power is very stable. However, with the reform and opening up and economic development, corruption phenomena such as abuse of power for personal gain, corruption and bribery continue to spread and breed, and public officials in many countries capitalize and commercialize their own power that belongs to the people, engage in power and money transactions, and abuse power for personal gain. The vast majority of national staff in leaders at all levels are members of * * *. If these people take advantage of their positions to seek personal gain or dereliction of duty at will, it will inevitably greatly reduce the prestige of the party and the government and damage their ruling ability.
Destroy the state order
The destruction of state order by duty crime is mainly manifested in endangering the rule of law and the process of government reform.
First of all, the duty crime of state public officials endangers the rule of law foundation of state power. Laws and regulations are an important guarantee for the inviolability of public interests and public order. The formulation and implementation of legal norms is an important embodiment of the rule of law. As a basic feature of modern countries, the rule of law is an important means to safeguard the country. Duty crimes have seriously damaged the national order and public order. Duty crime is a crime committed by state functionaries. The subject of the crime is the maker and executor of the law and the defender of the rule of law in the country. Resolutely and faithfully performing the duties entrusted by law and ensuring the realization of various functions of the state are the most basic requirements for state personnel.
If the actions of law makers and implementers deviate from the requirements of the law and damage the dignity, unity and correct implementation of the law, it will mislead other staff. It urges law-abiding national staff to doubt the seriousness of the law when examining their own behavior, thus fundamentally shaking the position of the law in the public mind, leading to the decline of the fairness and authority of the law and the failure of the legal regulation function.
At the same time, state functionaries are people who are elected by the people or entrusted by the people to engage in public affairs, and their duties require them to consciously abide by the law and become representatives of social legal concepts. If state functionaries take advantage of their positions to seek personal gain or abuse their powers, they will tarnish the solemn and sacred image of the law in the people's minds, make members of society lose their sense of fairness and security, and thus give up their consciousness of acting according to law, which will lead to the chaos of state order and the loss of the foundation of the rule of law.
Secondly, duty crimes hinder the modern operation of the government. The benign operation of the government is the most fundamental guarantee for social stability and economic development. Under the condition of market economy, administrative power cannot interfere with the market at will, which affects the specific operation of economic activities, but the economic development of the whole society still depends on the macro-control and effective intervention of the government. In a sense, the government is the driving force of social and economic development, and duty crimes fundamentally consume the efficiency of the government and make the economy lose its active and effective regulation mechanism. Job-related crimes contribute to and aggravate the inefficiency of government operation. In modern society, time is of great significance to economic activities and is regarded as the most important resource. ? Delaying the implementation of policies and working hours is often the basic means of extortion by corrupt officials, and economic entities must pay bribes to them if they want to handle related matters quickly. ?
At the same time, the government has formulated complicated procedures and formalities to prevent its staff from committing crimes by taking advantage of their positions, which further aggravated the inefficiency and plunged the government into a vicious circle. Duty crime also increases the difficulty of government administrative reform, which is a betrayal and trampling on administrative legal norms. The traditional administrative management system is a hotbed of corruption and the soil on which duty crimes depend. As far as duty crimes are concerned, they want to hide the facts of the crime and continue their criminal activities, but also want to escape legal investigation and sanctions. Therefore, they like black-box operation and will try their best to obstruct administrative openness and hinder the process of social democratization. In order to safeguard vested interests and ensure the existence of the existing environment, they are naturally unwilling to establish an administrative operation mechanism that conforms to the law of social development, and they will try their best to set up obstacles. Thus increasing the difficulty of reform.
Destroy the market economy and its development
State functionaries use their positions to commit crimes such as corruption, bribery, dereliction of duty and infringement, which undermines the national economic order and seriously endangers the existence and development of China's market economy. Because every country will face the problems of shortage of resources and insufficient funds in the process of economic development. Optimizing the allocation of resources and making full use of limited state funds are important guarantees to promote the development of market economy. Economically speaking, duty crime is a kind of power rent-seeking activity, which will inevitably aggravate the contradictions and problems in the market economy, destroy the optimal allocation of social resources according to market rules, lead to the loss of resources and funds, and ultimately hinder economic development.
Duty crime is harmful to economic growth.
First of all, duty crime is not conducive to the implementation of government development planning and policies. The duty crime of national public officials makes them lose their public goals and sense of public responsibility. Seek personal interests and use the power in your hands to enrich yourself. They put national interests and public interests behind them, which hinders the effective implementation of government regulations and development plans. The government's development plan has been distorted or even failed.
Secondly, the most direct influence of duty crime on market economy is to cause great losses to the country and society. According to relevant data, duty crime is one of the important reasons for the loss of state-owned assets, and the preservation and appreciation of state-owned assets is the basis and premise for the consolidation and strengthening of state rights. Various forms of duty crimes, whether it is crimes for personal gain such as corruption and bribery or irresponsible crimes such as dereliction of duty, are characterized by the loss of state-owned assets at the expense of public interests, especially national interests. According to expert analysis, there are 58 channels for the loss of state-owned assets in China. From 1982 to1992,500 billion state-owned assets flowed into the hands of individuals or private enterprises.
The concept of duty crime
In this noun, we must know what is? Location? . ? Location? In China, it is a combination concept with rich connotation and complex content. At present, the job classification in China mainly includes: legal post, appointed post, executive post, management post, decision-making post, temporary post, fixed post, leadership post and non-leadership post. There are 8 categories, 66 middle categories, 4 13 subcategories and 1838 occupations recorded in the grand ceremony of occupational classification in China.
In the term "location", the so-called? Work? : that is, responsibility, authority and position. What is this profession? Responsible? The meaning of. ? Service? Well, it comes from the post, and the tasks and affairs that should be undertaken are certain. Work? , we must undertake certain things, at the same time, according to the different positions, the corresponding responsibilities are also different.
The concept of duty crime is: it refers to the general name of acts that state staff, enterprise staff or other staff members take advantage of their positions to engage in illegal activities or are seriously irresponsible for their work, fail to perform their duties or perform their duties incorrectly, and undermine the state's management function of their duties, which should be punished in accordance with the criminal law.
Characteristics of duty crime
General crime has four characteristics, also known as the four elements that constitute a crime? Subject, object, subjective aspect and objective aspect.
The subject of duty crime is inseparable? Location? As mentioned above, the subject of duty crime in China is mainly defined within the scope of state staff engaged in public affairs, which is easy to distinguish in subject, and the clear scope provides an accurate legal basis for combating and preventing duty crime.
Behavioral characteristics of duty crime;
Their criminal behavior is related to their duties, and the law stipulates that this connection should be inevitable and causal. Otherwise, even if it is a criminal act committed in the course of performing official duties, it cannot constitute a duty crime. Theoretically speaking, job behavior is unified. Obligations without rights are not job behaviors. Do not possess rights, resulting in an imbalance in job behavior, which constitutes a job-related crime. The so-called identity crime refers to a certain personal element, identity and state that has an impact on conviction and sentencing as stipulated in our criminal law. Without the special status stipulated by law, it cannot be the subject of duty crime. This special discussion mainly emphasizes: first, criminal behavior should be related to duty, otherwise it is not a duty crime. In addition, the subject of the crime must be a special subject, that is, the subject is required to be the staff of state organs in order to constitute a duty crime. Article 93 of China's criminal law has detailed provisions on special subjects.
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