The following is what I have carefully prepared for you: an analysis of the causes of bribery crimes. For your reference only!
The full text of the analysis of the causes of bribery crime is as follows:
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Although China has always maintained the trend of cracking down on bribery crimes, the criminal momentum is still unabated and the situation is quite grim. According to non-governmental organizations that monitor corruption around the world? Transparency International? 20 10 10 released this year's global corruption index evaluation, China? Cleanliness? Ranked 78th among 178 countries and regions. Whether such an assessment is accurate is debatable, but at least it shows that the corruption problem in China is still serious. Bribery, as a typical duty crime in corruption crimes, is accompanied by the emergence of state power. Its obvious feature is that national public officials use their public power to seek personal gain for themselves, which belongs to the private use of public power. It is a malignant tumor in the social organism, which is extremely harmful, not only damaging the national interests and social atmosphere, but also damaging the credibility of the government, shaking the ruling foundation of the party and endangering social stability.
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First, the main characteristics of China's current bribery crime
At present, China's bribery crime presents the following five characteristics:
(1) The crime of accepting bribes has risen sharply.
With the rapid development of China's economy, the number of bribery crimes filed and the amount of bribes received are on the rise. Soaring? Situation. As far as the number of bribery crimes is concerned, according to the statistics of relevant years in China Procuratorial Yearbook, the number of duty-related crimes such as corruption and bribery of state functionaries filed for investigation by procuratorial organs nationwide was 3,6471case, compared with 45,000 cases in 2000 and 20150,400 cases in 2000. As far as the amount of bribes is concerned, in the early 1980 s, accepting bribes of 10 thousand yuan was a major case that was enough to stir up the society. By the late 1980s, the amount of bribes had gradually increased, from tens of thousands to hundreds of thousands, and then to hundreds of thousands. In the 1990' s, the appetite of bribery criminals was growing, and many cases involving millions of yuan appeared. In the 2 1 century, the greed of bribery criminals has reached a crazy level, and it is nothing new that the amount of bribes reaches 10 million yuan.
(2) Where are the criminal departments of bribery mainly concentrated? Three organs and one department?
Judging from the bribery cases investigated and dealt with by judicial organs in recent years, the criminal departments of bribery mainly focus on? Three organs and one department? That is, the party's leading organs, government organs, judicial organs and economic management departments. The leading organs, government organs and judicial organs of the Party, as important public power departments responsible for leading and managing the country and society, have become the targets of bribery for many speculators because of their heavy power in allocating various resources. Bribery or for immediate vested interests, or for profit? Backing the mountain? And then what? Umbrella? In order to achieve greater economic benefits in the future, we have racked our brains to attract public officials who are eroding power with money and even beautiful women. However, some public officials who have inflated selfish desires and hold power can't withstand all kinds of temptations, and rent power unscrupulously to achieve the purpose of seeking personal gain through the interests of their posts and the commercialization of power. The briber extends his hand to the party and government organs and judicial organs, which shows that the crime of accepting bribes characterized by trading power and money has penetrated into various power organs including state organs from the pure economic field, and the fight against bribery crimes is facing a more severe situation. The economic management departments of finance, industry and commerce, taxation, customs, commerce, foreign trade, construction, real estate, securities, futures and other industries have long held a large amount of economic resources and turned into bribers? Attack? Target. Bribery or giving money and other benefits to public officials in order to obtain abnormally high profits or illegal gains? Buy? The right to control the economic resources you need. For example, criminals spend huge sums of money to bribe public officials in the financial field in order to defraud huge loans, construction contractors spend huge sums of money to bribe public officials who have the right to speak in project contracting in order to obtain engineering projects, and securities and futures investors spend huge sums of money to bribe public officials who know the inside story of transactions in order to obtain internal trading information, and so on. These huge economic benefits really make many public officials confused and unprepared, which leads to the economic management department becoming the hardest hit area of bribery crime.
(3) The subject of the crime of accepting bribes is becoming increasingly complex.
With the expansion of the scope of bribery crime, the subject of bribery crime is becoming increasingly complex, and presents the following characteristics:
1. The subject of accepting bribes? Identity? Complicated. Before the mid-1980s, the subject of the crime of accepting bribes was basically a natural person. Later, there was a case of accepting bribes by legal persons, and there was a case in which natural persons and legal persons committed crimes together. Among natural persons, there are both ordinary public officials and leading cadres of the party and government. Legal persons include institutions, institutions, enterprises, societies, institutions and private enterprises.
2. Multiple criminal subjects commit crimes together. This is mainly reflected in two aspects: on the one hand, the same briber bribed several public officials for the same benefit. Judging from the current cases of bribery crimes, it often happens that one case leads to one case and one person leads many people. On the other hand, cases involving spouses, children, relatives and friends and even lovers have increased. In some countries, in order to reduce the risk of crime, public officials pretend not to know, either by suggesting that the briber will directly pay bribes to a specific related party or indirectly transfer benefits to a company or hotel run by a specific related party.
3. The status of the subject of crime is getting higher and higher. Bribery crime, as a typical duty crime, is not only dominated by leading cadres, but also covers all levels, and more and more leading cadres in higher vocational colleges are involved. According to the statistics of relevant years in China Procuratorial Yearbook, 1994 cases of bribery cases of leading cadres put on file for investigation by procuratorial organs throughout the country were investigated and dealt with 1 827 cadres at or above the county level, including 88 at the bureau level and 0 at the provincial level; In 2000, 2,600 cadres at or above the county level were investigated, including bureau-level 184 cadres and 7 cadres at the provincial and ministerial levels. 20 10, investigated and dealt with 3 743 cadres at or above the county level, including 15 cadres at the provincial and ministerial levels alone.
(d) More diversified forms of crime.
With the increasing crackdown on bribery crimes, criminals constantly change their criminal methods in order to avoid legal sanctions, and the manifestations of bribery crimes are increasingly diverse. Specifically:
1. Choose the modus operandi carefully. When accepting bribes, the briber not only carefully chooses the place and time, but also generally adopts one-on-one and face-to-face secret transactions between the briber and the briber. In this way, even if the briber reports and confesses afterwards, the briber can escape punishment by refusing to admit the debt.
2. The crime of accepting bribes under the banner of legal system. In order to avoid risks, criminals who take bribes try their best to put on a legal cloak for illegal activities, or collect money in the name of so-called labor remuneration such as consulting fees and labor fees, or accept benefits in the name of winning money by gambling, or seek benefits in the name of participating in shares and dividends, or collect goods as trial products. There are various means of crime.
3. Adopt a long-term investment strategy. Bribers usually pay bribes out of immediate vested interests, but there are also a large number of bribers who choose to be with powerful people and even officialdom based on long-term interests? Blue chip? Turn it in Friends? Invest in feelings and interests in advance, and once the time is ripe, you can enjoy the benefits. And some powerful public officials are willing to make friends with big money for their own selfish interests? Friends? Because bribing both sides is not for immediate and immediate interests, it is very hidden. Finally, accept non-material bribes. Some bribers make full use of loopholes in the law to evade legal sanctions by accepting various bribes such as studying abroad, solving the employment of relatives and even pornographic services.
(5) It is difficult to prosecute crimes.
Although the crime of accepting bribes is a corrupt phenomenon that the people hate and the party and the state have been cracking down on, it is difficult to estimate the black number of crimes because it is difficult to investigate and deal with bribery crimes. Some scholars have done investigation and statistics, and the probability of corruption discovery of public officials in China is about 10%-20%, while the discoverer is only about 6%? 10% was prosecuted according to law. Although there are many factors in cracking down on bribery, such as lagging legislation and imperfect legal system, it is mainly caused by the strong concealment of bribery and the strong resistance of criminals to control. Bribery crime is a typical duty crime of trading power and money, and its strong concealment is one of its characteristics. Bribery criminals are mostly senior public officials, most of whom are well-connected, familiar with the law and have certain anti-investigation ability. In addition, they are all trying to keep their official positions and use their power to obtain ill-gotten gains. Therefore, on the one hand, they attach great importance to the concealment of the means of committing crimes and pursue the effect that they will not testify easily even if they are accused; On the other hand, coping strategies are often designed before accepting bribes. The bribers either form an offensive and defensive alliance, or refuse to confess guilt, or commit perjury to get away with it, or weave umbrellas through various networks, which increases the difficulty of prosecuting bribery crimes. Specifically, one is that criminal clues are difficult to find. Because criminals are cunning and secretive, it is difficult to find the clues themselves. Many units and leaders often hope to roll with the punches and refuse to cooperate once they encounter them based on their own interests. Second, it is difficult to find criminal evidence. In the bribery crime, there is an interest relationship between the briber and the briber. Protecting each other means protecting themselves, and hurting each other means hurting themselves, which makes it difficult for judicial organs to obtain evidence.
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Second, the analysis of the reasons for the high incidence of bribery crimes
From the above characteristics of bribery crimes in China, it can be seen that the incidence of bribery crimes in China is relatively high. Why is it spreading while the country has repeatedly cracked down? In this regard, we must find out the reasons and seek corresponding legal countermeasures.
Bad demand
Any kind of human behavior has a reason, in order to meet some physiological or psychological needs. Need is the reflection of the requirements of an organism's internal environment and external living conditions in the human brain, usually in the form of intention, desire and motivation. The motivation of paper format is closely related to people's behavior. In addition, the stronger and more urgent the need expressed in the form of activity motivation, the greater the dynamic role of the activities it produces. Generally speaking, motivation is conscious and comes from needs, and the level of motivation varies with the level of needs. Need is a subjective state and also a reflection of objective need. Satisfaction and behavioral motivation when needed are the common reasons for arousing people's activities.
Scholar Marosey pointed out that the structure of needs is multi-level, including physiological needs, security needs, social needs, respect needs and self-needs. He also believes that these five needs are rising step by step. When the lower level is satisfied, the pursuit of higher level needs can become the driving force of behavior.
However, Marlowe's multi-level demand theory is mechanical, which leads to the neglect of the subject's initiative and has a certain mechanical color. People's needs are diverse, which can be divided into natural needs and social needs according to their sources. Natural needs are inherent in human beings and reflect the objective conditions that people need to continue and develop their lives.
Social needs are the unique needs of people formed on the basis of natural needs, and formed in the process of maintaining people's social life and social production exchanges. People's individual needs vary greatly. According to different objects, needs can be divided into material needs and spiritual needs. The former refers to the needs of food, clothing, housing and transportation and sex, while the latter refers to the spiritual satisfaction of friendship, honor and career. Material demand is the foundation of human survival and development, while spiritual demand is the booster to promote social progress. They are interdependent and interact with each other, which promotes the continuous development of people's psychological activities.
After Hu Changqing, the former vice governor of Jiangxi Province, was arrested, his confession mainly mentioned the reasons why he went to the abyss of crime. The important point is that he relaxed his study and transformation of individuals, and the selfish desires of individualism and hedonism expanded viciously. In the full text, he described his psychology when he first married his lover, and the psychological transformation process when he later became a party official. Through careful reading of the confession, it is not difficult to find that a senior government official who has been educated by the party for many years, under the guidance of bad needs, has gone to the abyss of crime because of lack of sufficient self-restraint. Kong Fansen, the son of the people, devoted his life to the people under the guidance of another positive need. Although he unfortunately died in the office because of overwork, he wrote an epic legendary experience with his life, which will last forever.
Necessity is a double-edged sword, which can not only stimulate individuals to engage in positive activities, but also push people to implement negative or even illegal behaviors. Compared with the needs of ordinary crimes, the needs of bribery crimes have both the same characteristics and their own characteristics. At least one of their own characteristics is that the means and methods they use to meet their own needs are inappropriate or illegal.
The bribery crime of public officials is directly related to the change of their demand structure. The bad needs of the subject of bribery crime are influenced by psychological factors such as misunderstanding, negative emotions and bad personality, which are embodied as follows: in the relationship between biological needs and social needs, low-level and physiological needs, even lust, occupy an important position and can overwhelm social needs; In the relationship between spiritual needs and material needs, the strong desire for material desires and money often makes corrupt people take risks to take bribes; In terms of spiritual needs, they are empty, dark, very narrow and selfish. These constitute the abnormal development of demand and form its unique demand structure.
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(2) Personality defect
? A character's character is not only reflected in what he is doing, but also in how he does it. ? A person's criminal psychology and criminal behavior characteristics are closely related to his personality characteristics, which are the reflection of his personality characteristics in special fields. Personal criminal significance is not formed in one day, and it takes a long process from quantitative change to qualitative change. The formation of criminal meaning has its original psychological quality and ideological basis. Personality plays an important role in his psychology. Personality refers to the behavior that individuals are accustomed to in the process of achieving stability.
Personality refers to the psychological characteristics that have a stable tendency and often appear throughout the whole behavior process of individuals, and never refers to some accidental and temporary psychological characteristics, so personality characteristics are typical and core psychological characteristics of individuals. Human nature is human sociality, so human character is not born, but formed in the process of his life practice. Personality is formed by many factors, including biology, family, school education, social system, culture and psychology. In social life, due to the different factors of individual personality formation, the formed personality is also mixed. People with personality defects are more passive in cognition, more susceptible to suggestion and blind imitation. Emotionally, it is characterized by lack of opinions and beliefs, weak self-control ability and self-indulgence. According to research, people with this personality defect are more likely to go astray. For example, the case of Dai Kaimin, vice president of Hunan Branch of China Investment Bank, was due to her personality defects such as selfishness, greed, strong desire for power, and lack of firm and correct life beliefs, which finally sent her to the point of no return.
It is not difficult to see from its examples that personality defects such as selfishness, greed, strong desire for power and lack of firm and correct life beliefs are the internal psychological factors that lead to crime. However, the above-mentioned bad personality is only possessed by most criminals, not all criminals.
Therefore, under the same circumstances, some people embezzle and accept bribes from civil servants, while others choose other legal channels, which is directly related to personal psychological factors, especially the negative factors in personal psychological tendency and personality structure. Under the long-term influence of these unhealthy psychological factors, civil servants criminals gradually internalize into the criminal psychology of accumulating wealth and greed. Therefore, revealing the personality characteristics of criminals is of great significance for exploring the personality reasons of civil servants' crimes and preventing bribery crimes.
(3) Weak will
Will refers to the psychological process of consciously determining the purpose and controlling and standardizing the behavior according to the purpose, so as to overcome all kinds of difficulties and achieve the predetermined goal. Will is a unique psychological phenomenon of human beings, and it is a process from internal consciousness to external behavior. The regulation of human behavior by will is originally the expression of human initiative, and the control and regulation of subject activities by will is manifested in the great influence of will on subject initiative and creativity.
Strong will quality is an important condition to overcome difficulties, resist temptation and complete various purposeful activities. The quality of strong will mainly includes four aspects: consciousness, decisiveness, toughness and self-control. Among them, consciousness refers to the quality that an individual has a clear goal in his behavior, fully realizes the social significance of his behavior, and makes his behavior meet the social requirements; Decisiveness refers to distinguishing right from wrong, making decisions quickly and reasonably, and realizing the quality of the decisions made; Perseverance refers to the quality of being able to stick to the end when implementing decisions, maintaining abundant energy and tenacious perseverance, going forward bravely and stubbornly overcoming many difficulties on the way to the goal;
Self-control refers to the quality of being able to control one's conscious emotions and restrain one's behavior completely consciously and flexibly. Corresponding to strong will quality is weak will quality, which shows poor self-control ability and weak immune system to resist temptation. When we evaluate a person's quality, we should also have an organic connection with the content of his will activities. Only in the will behavior that conforms to the legitimate social value orientation can the true strong will quality be truly reflected, otherwise it will only become an improper will quality. Because when civil servants commit bribery crimes, if they are guaranteed by their strong willpower, their tenacious destructive power will do more harm to the country and society than their weak willpower. Therefore, we must establish a correct outlook on life when strengthening the personal will of civil servants.
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Third, the prevention of bribery crime.
The increasingly serious phenomenon of accepting bribes has aroused widespread concern and strong dissatisfaction among the broad masses of the people, which is related to the nature and status of the ruling party or regime and the direction of the socialist country. So, how to prevent bribery crime? The author has the following views on this:
( 1)? High salary and honesty? , curb bad demand.
? High salary and honesty? The system has now become a topic discussed by many scholars who are committed to anti-corruption, and it is also a topic of debate among the general public after dinner. Supporters believe that the state should greatly improve the treatment level of public servants, so that they can be fully satisfied on the material basis, thus losing the necessity of accepting bribes. Opponents believe that the salary level of civil servants in China is already high enough, but in real life, if converted into wages, the salary level of civil servants in China is already good compared with that of foreign countries. In my opinion, pure? High salary and honesty? Is not feasible, although some countries in the world, such as Singapore, have adopted it? High salary and honesty? The policy has achieved good results, but it should be noted that there is a big gap between Singapore's social environment, economic strength and people's thinking and China's current situation. According to statistics, the proportion of administrative expenditure in China far exceeds that in other countries. In 20 10, China's administrative expenditure accounted for 19.03% of that year's administrative expenditure, with an annual increase of 23%.
Among the administrative expenses, in 2008, the national bus trip and meal expenses reached more than 300 billion and 370 billion respectively, accounting for 17.8% of the tax revenue in 2006. In Singapore, most of these two expenses are paid by individuals. If we simply raise the salaries of civil servants without effectively curbing unnecessary expenses in administrative expenses, the result will be either a direct tax increase to the people or a reduction in other government expenditures on people's livelihood, otherwise the government will not be able to bear such huge and unnecessary administrative expenses. Therefore, society will once again face the problem of unfair distribution, which will inevitably aggravate social contradictions.
(B) improve personality cultivation
The decision-making behavior of civil servants in a certain social background and specific environment is the product of the combination of social environment and personal choice. The prevention of civil servants' crimes is the psychological prevention of civil servants' crimes. The process of civil servants' psychological prevention of crime is also the process of civil servants' social cultivation and self-cultivation to improve their own personality. Its function is to enhance the social adaptability of civil servants and make them make behavior choices that conform to people's interests and moral and legal norms in a specific social background and life situation.
Through the analysis of a large number of bribery cases, we find that criminals mainly have the following corruption psychology: greed psychology, frustration psychology, conformity psychology, comparison psychology, exchange psychology, luck psychology and so on. The bad demand of criminals is the root of this corrupt mentality. In real life, there is no difference between an individual's personality, will, temperament and belief itself, but the subjective factors of an individual are interfered by external factors at different times and environments, and the way of choice is appropriate and legal.
For example, when a person with strong willpower has a strong greed, as long as he has acquired a lot of wealth in a legal and just way, we can't condemn him. On the contrary, we should appreciate his behavior. Although through the investigation of bribery criminals, we find that criminals often have certain defects in their personality, which leads to differences in their cognitive ability, adaptability and self-control ability to society, but if they are effectively guided, it will not lead to criminal behavior.
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1. Establish a good social and cultural environment.
The healthy personality development of social members can not be separated from a good social and cultural environment, and certain social and cultural backgrounds and socio-political and economic backgrounds have a subtle influence on the personality development of social members.
The core goal of civil servants' crime prevention is to make national civil servants develop a sound personality. Therefore, the fundamental way to prevent crime is to improve the social environment, purify the social atmosphere and create a social and cultural environment conducive to the healthy development of personality. The basic characteristics of this environment are: democracy, science, fairness, justice, attaching importance to the rule of law, fully respecting personal values, and fully meeting personal material and cultural needs. This requires us to strengthen the construction of socialist material civilization and spiritual civilization, encourage individuals to actively participate in labor, create economic wealth, and establish a correct consumption concept. Oppose the acquisition of material wealth without labor and hedonism. At the same time, such a social and cultural environment is a harmonious relationship with social members, rather than a relatively independent external force above social members. The norms and culture that are conducive to the healthy development of personality in the social environment are consistent with the moral consciousness and values of social members. This method is in line with social preventive measures.
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2. Strengthen self-cultivation
With members of society? Biological individual? Where to? Social individuals? With the change of roles, social members gradually formed a more sober self-awareness and developed the overall personality structure. The formation of national civil servants' personality is also such a process. The formation of civil servants' self-awareness marks the formation of their self-observation, self-evaluation, self-cultivation and self-control ability.
Self-cultivation refers to social members' subjective activities of self-examination, self-correction and self-improvement in self-observation and self-evaluation. For civil servants, first of all, the benchmarking role of example and the evaluation of the masses are the coordinates of self-knowledge and error correction; Secondly, practice test and exercise are important ways to discover and enrich self-worth; Finally, regular self-reflection and self-criticism is a special way to strengthen self-cultivation. Civil servants should be good at self-cultivation and constantly strengthen self-cultivation. Only with strong self-control can they resist the impact of external adverse factors. Self-regulation is self-restraint of one's own consciousness. As a special subject, civil servants should be better at self-regulation. They must be good at releasing their emotions by properly adjusting their emotions; Be good at adjusting your own needs and avoid handling and conflicts arising from your inner needs; Be good at self-behavior adjustment and reduce frustration; Good at self-interest adjustment, so that their interests continue to sublimate, not to stay in low-level material needs and physiological needs.
(C) establish a good moral code
Mastering social norms and accepting social culture are the basic qualities of a qualified social member. Therefore, members of society must learn and accept norms and culture, and internalize the acquired culture and norms into the internal values and personality core concepts of members of society. For civil servants, if they want to stay away from the psychological motivation of accepting bribes and corruption, they must learn the relevant legal norms and moral norms of the country and accept the public servant consciousness of serving the people. The place where members of society are most affected in teaching and learning culture and norms is the family. Family is not only a basic living unit, but also a social education institution and social control institution in the life of social members. Therefore, in order to make children have a healthy personality in family education, parents must pay attention to constantly strengthening their own moral and cultural cultivation, creating a good family atmosphere and adopting appropriate educational methods. At the same time, we should also strengthen the training and supervision of the other half of civil servants' families. For example, the Danzhou Women's Federation of Hainan Province held a meeting with? To be a good wife, we should also be a good wife and organize spouses of leading cadres to visit the anti-corruption warning education exhibition? Activities.
As a complete person, only after working and laboring in the society can we achieve all-round development and formation. For civil servants, pre-job training and regular and irregular training are very important, because they can not only strengthen their work skills, but also consolidate their outlook on life and values. At the same time, with the development of science and technology, various media have emerged, and the multiculturalism in society has reached a meeting point. At this time, the government should aim at good guidance, stabilize the core culture with correct outlook on life and values, and grasp the dynamic pulse of civil servants' thoughts while stabilizing society.
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3. Conclusion
Based on the practice of our country, this paper analyzes the main reasons of bribery crime in our country and puts forward corresponding countermeasures. This paper holds that the improvement of personality cultivation is the foundation. Only by truly improving personal quality can we eliminate people's selfishness and greed, make people establish a sense of honesty and integrity, and cut off the root of bribery crime subjectively. People are social people. In promoting the personality cultivation of social individuals, it is necessary to establish a healthy social and cultural environment to inherit and absorb cultural nutrients to enhance the personality cultivation of individuals. Economic growth can effectively solve the contradiction between the low development level of social productive forces and the growing material needs of the people, and can effectively curb the emergence of criminal needs. Perfecting the legal system can enhance the legal deterrent. Only in this way can we curb corruption from the source and promote the construction of socialist spiritual civilization and material civilization in China.