The reasons of duty crime are low political quality and spiritual and cultural emptiness.

Most cadres who commit crimes by taking advantage of their positions have a poor ideological foundation, and they have also relaxed their political study and improvement and paid no attention to transforming the subjective world. In the tide of market economy, influenced and eroded by the decadent western ideology and culture such as money worship, hedonism and extreme individualism, driven by economic interests, the world outlook and outlook on life are misplaced and the values are distorted, bringing all decadent ideas that value money into the field of law enforcement, taking the power in their hands as a bargaining chip and forgetting fair law enforcement. The fundamental reason is that we have lost the basic concept of serving the people wholeheartedly and shaken our ideals and beliefs. In terms of spiritual culture, power corruption encourages decadent ideas, disintegrates people's confidence in modernization, and breeds the tendency to leave Germany and go to the ruling government.

Power is too centralized and lacks supervision and restriction.

[4] Excessive concentration of power is the traditional drawback of the party and government leadership system in China. As early as the beginning of reform and opening up, Comrade Deng Xiaoping pointed out? One of the main drawbacks of leaving the leadership post system of the party and the state is that power is too concentrated, which often turns the leadership of the party into personal leadership. Will inevitably lead to bureaucracy and all kinds of mistakes? . Of course, the corruption of corrupt elements has its own personal characteristics, but since their corruption activities occur within the system, we need to seriously review the internal omissions of the institutional environment. Undoubtedly, it is the excessively centralized system that provides some people in power with the possibility of freely using the public. Excessive power inflated their personal will.

In addition, the excessive concentration of power greatly increases the cost of correcting power failures. 1, the will to power lacks strong restriction and supervision. An objective law of power phenomenon is that unrestricted power is easy to be abused. In the case of out-of-control and weak constraints, individual will often easily enter the will of power without pressure and constraints, thus the obligee will form a rash or even arbitrary psychological state. Due to the lack of guarantee that restricts the production of machinery, the norms of power behavior often become a mere formality, lose their due authority and seriousness, and cannot be really implemented. Comrade Jiang Zemin said that if power is abused and not stopped, there will often be big problems. The reality of corruption in China directly proves this point. Although there are full-time institutions in the party and government system to supervise all levels of power, there is an obvious imbalance between the supervisory power and the supervised power, which limits the function of the supervisory institutions. The law of power operation shows that the greater the power, the more critical it is, and the more it should be regulated and restrained. However, in a real power system, the situation is the opposite. The higher the power status, the weaker the restriction and supervision. It is precisely because of poor supervision that some people have no fear and do whatever they want. 2. The monitoring of power by rights is not strong enough. Supervising power by right is an important part of modern power restriction mechanism. In our country, such a system is not perfect. The restriction of rights on power lacks effective means, the organization of civil rights behavior is poor, and the system guarantee is insufficient. In the selection of public officials, performance evaluation and assessment, the containment of power violations and the relief of power violations, strict rights participation and protection systems have not yet been established.

The concept of legal system is weak, and a good view of power has not been established.

Most cadres who commit duty crimes do not firmly establish the idea of fair law enforcement, and it is impossible to consciously abide by the law in practical work. Cadres who violate discipline and law often think that there will be no problems in their work and that they will not make mistakes, that is, something that violates discipline and law has happened and they are right. They lack high standards and strict requirements for their work, and they can't take every specific job seriously, which eventually leads to nowhere to enforce the law and regret it. The concept of power is a concentrated expression of the world outlook, outlook on life and values of leading cadres, which determines people's ideals and beliefs, value standards and behavior choices. In a sense, the view of power is the most direct, concentrated and concrete window to observe the world outlook, outlook on life and values of leading cadres. For leading cadres, power means responsibility and obligation. Power is given by the people and is used to serve the people. However, in the surging economic tide, some cadres have incorrect positioning, low political consciousness, weak belief and weak immunity. Finally, they regard power as a tool for self-interest, desecrate the power entrusted by the people, and go to the road of remorse and corruption.

The working mechanism and management mode need to be improved.

A few grassroots leaders have a vague understanding of various problems caused by cadres' violation of discipline and law, and they are also affected. Necessity theory? 、? Difficult to manage? The influence of actions on cadres is naturally oversight, out of control and out of control. Unprincipled protection and connivance of cadres who violate discipline and law. The system of one post and two responsibilities for leading cadres clearly stipulates that both business and team building should be paid attention to, but a few leaders often only focus on setting goals for tasks, ignoring discipline and making demands; Only pay attention to the number of indicators to complete the task, do not check the methods and means to complete the task, and do not check the implementation of the system. Therefore, the work is satisfied with the overall deployment requirements and lacks in-depth inspection; Tolerance for cadres who violate discipline and law, lack of serious criticism and education; Ideological and political work is superficial and lacks concrete measures, so it is difficult to penetrate into every link. In particular, the prevention mechanism cannot be effectively started and the treatment is too wide. The supervision and restriction mechanism is lax and the system is a mere formality. In recent years, all localities and departments have generally formulated corresponding regulations, disciplines, systems and methods to prevent duty crimes, but they lack breadth and depth in specific implementation, failing to play the role of mutual supervision among cadres and mutual restraint among departments.

Preventive measures for duty crimes (1) Strengthening education and training? Unwilling to do it? The concept of clean government.

On the one hand, strengthen ideological education and build? Unwilling to do it? Self-discipline defense. The dislocation of values is the subjective cause of duty crime, and strengthening education is the main means to eliminate the ideological and psychological formation of duty crime. Therefore, we must carry out ideological education through various channels and forms, change the traditional educational concept and abandon it. Official standards? Thought, firmly establish the sense of purpose and public servant, guide cadres to establish a correct world outlook, outlook on life and values, eliminate corruption motives and create? Integrity and shame? Social atmosphere, build? Unwilling to do it? Self-discipline defense. On the other hand, it is to improve the quality of citizens and build? Unwilling to do it? The bottom line of self-discipline The key to improving the quality of citizens is to strengthen the education of citizens, and civic education changes not only the fate of one person, but the fate of our whole country and nation. In addition to learning necessary knowledge, education is more important to cultivate a spirit of civilization, a sense of citizenship, a sense of law-abiding, a sense of social conscience and responsibility. Civic education is the catalyst and power source to promote national progress, national rejuvenation and build a harmonious society. It is necessary to increase investment in civic education and improve the quality of the whole people. The low quality of public officials can easily lead to duty crimes, and their personal qualities are different. Under the same conditions, some of them are honest, enforce the law impartially and devote their lives to the country and society. Some graft, jobbery, dereliction of duty, abuse of power, causing great losses to the interests of the country, society and people. People with high cultural quality generally have high ideological level and consciousness, know what to do and what not to do, and can often resist all kinds of bad temptations and erosion; If the cultural quality is low, it is generally easy to be confused by the immediate interests, unable to correctly treat the nature of their identity and power, and thus embark on the road of duty crime. Strengthening civic education and improving citizens' quality can also arouse the ability of the whole people to participate in politics and resist corruption and change. At the same time, it can also improve citizens' morality of being responsible to the country and the people, consciously fulfill their supervisory obligations to public officials, and ask public officials not to abuse their powers in full view. Therefore, strengthen civic education and improve the quality of citizens, so that everyone has laws in mind, morality in mind, the interests of the country and the people in mind, knowing what can and cannot be done, and consolidating the bottom line of self-discipline in mind to jointly build public officials. Unwilling to do it? Self-discipline defense.

(2) improve the mechanism and build? Can't be? Prevention and control system.

System is the best firewall. This system has played an important role in regulating the behavior of state functionaries and guiding them to exercise their functions and powers correctly. But at this stage, some systems can't keep up with the needs of the times, and some systems exist in name only, so it is imperative to improve the system construction. First, seize the favorable opportunity of current institutional reform and enterprise reform, speed up the transformation of government functions, streamline institutions, separate government from enterprises, and prevent power and money transactions. The second is to further promote the reform of the cadre appointment system. Follow? Fair, open and just? Principles of selecting and appointing leading cadres. In the party and government organs, systems such as open selection and competition for posts, publicity of leading cadres before their appointment, and democratic discussion have been widely implemented. It is necessary to establish and improve the accountability system for oversight, and those who violate the cadre policy and cause mistakes in cadre selection should be seriously investigated for responsibility. The third is to ensure the rigid expenditure of public institutions so that public officials have no worries. In particular, it is necessary to ensure the normal handling funds of the case-handling organs and strictly enforce them? Two lines of revenue and expenditure? Eradicate the soil for the phenomenon of duty crime. Fourth, according to the principles of openness, fairness and justice, improve the management of various markets such as the construction market, and standardize market administrative behavior, enterprise behavior and market behavior. Fifth, further improve the transparency of government affairs. Vigorously promote the openness of government affairs, village affairs and factory affairs. Increase the transparency of the use of rights, through? Black-box operation becomes? Operation sunshine? , radical cure? Black box? Homework. In addition, we should vigorously promote government procurement and accounting appointment system. In a word, through reform, we should strive to improve various social management systems that are compatible with the development of market economy and the political and people's livelihood. Power? Access the system? Cage? Fundamentally implement the prevention and control system that public officials cannot do.

(3) Strengthen punishment and form? Dare not do it? High pressure situation.

Faced with the grim situation that duty crimes are prone to occur, occur frequently and occur in groups, we can't relax and persist in investigating and handling duty crimes for a moment? Tiger? 、? Flies? Fight together and strike hard, so that duty criminals will completely collapse politically and suffer huge losses economically. Will the cases investigated play a deterrent and warning role for those who are eager to try? Want to be? Civil servants, let them touch? Greed? Conditional reflex, hope? Greed? Fear, forming public office? Dare not do it? High pressure situation.

1. Strict filing standards make duty criminals pay the price for their freedom. Come here. Our case-handling organs have too much discretion in handling cases. According to the criminal law, corruption and bribery of 5,000 yuan constitute a crime. But in fact, due to many sources, plus? Insufficient police force? The case-handling organs handle cases selectively, and some cases are not filed for tens of thousands of yuan. The court's decision is also very flexible, and the sentencing scale is not uniform. Some cases are suspended for hundreds of thousands of yuan. 20 12 12 3 1? Two heights? Explanations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Bribery: The amount of bribes 1 10,000 yuan is more than 200,000 yuan, and the amount of bribes is more than 200,000 yuan but less than 6.5438+0,000 yuan. Serious circumstances? In judicial practice, few cases of accepting bribes below 200,000 yuan were filed, and few cases of accepting bribes above 200,000 yuan were investigated. Even if they are investigated, most sentences are suspended. Especially the unit bribery crime, the local government encourages it for fear of affecting local interests. When the procuratorial organs discovered these cases, they regarded them as? Red line? Dare not cross? Thunder pool? . The existence of these phenomena is not conducive to preventing and reducing the occurrence of duty crimes. Some officials feel that the benefits are great and the risks are not high, which leads to a psychology worth trying, which leads to the trend of group, multiple and high incidence of duty crimes, and the amount of crimes is also increasing. Therefore, we must adhere to the standard of filing a case, find it together, investigate it together, and punish it according to law, no matter who is involved or how high the position is. In sentencing, we should strictly apply the law, put an end to discretion, and strictly control the standards of non-prosecution, exemption from punishment and probation, so that the criminals of corruption and bribery can pay their due price in their official career to deter and warn others? Dare not do it? .

2. Recover the illicit money according to law, and let the duty criminals pay the price economically. Recently, the case-handling organs have handled cases for the sake of handling cases, ignoring the recovery of stolen money and goods, especially the stolen money and goods seized by procuratorial organs, which can only be turned over to the state treasury after a court decision. Because of the interest relationship, there are still disputes between the two sides, and the court does not support the judgment of stolen money and goods, which makes criminals take advantage of the economy. In order to severely punish corruption and bribery criminals and effectively curb the occurrence of duty crimes, it is necessary to recover the money and stolen goods involved in the case and turn them over to the state treasury. This is the task of the procuratorate, and the court should make a judgment on the money and stolen goods involved in the case according to law. Does the criminal law stipulate that the court decides to confiscate the stolen money and goods? A fine? 、? Confiscate property? Additional punishment, but also used at the same time? A fine? 、? Confiscate property? Additional punishment, so that duty criminals pay a huge price economically, like this? Greed? The gain is outweighed by the loss.

3. Serious disciplinary action, so that duty criminals pay the price politically. While severely punishing duty criminals, we should intensify administrative disciplinary actions, strictly implement the civil service law, supervision regulations and disciplinary regulations, and resolutely put an end to them? Extralegal kindness? Resolutely punish. At the same time, improve the laws and regulations of organs, prohibit duty criminals from engaging in all public affairs management activities, and let duty criminals pay a heavy price in political life. Since then, they have no administrative power and no right to participate in political activities.

4. Adhere to the normalization of anti-corruption and let duty criminals lose their living space. Corruption in China has experienced ups and downs. For a long time, our anti-corruption is also sports anti-corruption. In the early days of the People's Republic of China, serious corruption cases occurred one after another in New China. Against this background, the Party Central Committee decided to launch a massive campaign nationwide? Three evils? 、? Five evils? 、? The four clean-ups and other movements have effectively curbed corruption to some extent. At the beginning of 1989, with the promotion of reform and opening up, corruption such as duty crimes showed an upward trend. A police officer was injured. The general trend, the CPC Central Committee decided to launch a nationwide special struggle against corruption and bribery. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the Notice on Punishing Corruption, Bribery, Speculation and profiteering. They must turn themselves in within the time limit. After the announcement, the masses gathered to report, and criminals surrendered themselves in succession, fearing the power of the law. According to statistics, during the period from August 15 to October 30, the people reported clues 133765 to the procuratorial organs, and 36 17 1 corruption and bribery criminals surrendered themselves to the procuratorial organs. In recent ten years, duty crimes have become more and more frequent. Later, the new central collective leadership launched an anti-corruption campaign in the spirit of scraping the bones to cure drugs and breaking the wrists of strong men. Tiger? 、? Flies? According to incomplete statistics, since last year, procuratorial organs have investigated more than 40,000 cases of duty crimes, including more than 50 senior officials at or above the provincial and ministerial levels. Throughout history, why is corruption frequent and repeated? Because corruption is a manifestation of selfish greed of human nature, it is hidden, repetitive and stubborn, and it is difficult to completely eradicate it in any country or society, so anti-corruption should not be adopted. The wind gathers rain? 、? A form of movement that comes and goes in a hurry, first of all? The wrath of thunder? And after that? Anticlimactic? This method only plays a deterrent role in a certain period of time, and does not fundamentally contain and reduce the occurrence of corruption. Therefore, scientific anti-corruption is institutionalized, long-term and normalized. Is it? Tiger? Or? Flies? Regardless of the position and background, as long as they violate laws and regulations, they must be punished according to law to maintain the seriousness and normalization of anti-corruption work, so that duty criminals have no breathing space and no living space, and ensure the healthy development of social economy and the orderly political and ecological civilization.

In a word, the causes of duty crime are very complicated and involve a wide range, including system, culture and education, social value orientation and other reasons. Prevention and punishment are very difficult. This is a systematic project, which requires the joint efforts of the whole society to fundamentally solve the problem. Strike is the means, education is the foundation, and prevention is the purpose. Only when all levels and all walks of life work together to form a joint force can national public officials be formed? Unwilling to do it? 、? Can't be? 、? Dare not do it? The prevention and control system can effectively curb the occurrence of duty crimes.

On the afternoon of April 2 1, I participated in a warning education activity on punishing and preventing duty crimes organized by the Education Department of county colleges and universities. There are two activities, one is to visit the photo exhibition of warning education on punishing and preventing duty crimes, and the other is to watch warning education films.

Under the leadership of the staff of the procuratorate, we came to the exhibition hall on the first floor of the procuratorate to visit the photo exhibition of warning education on punishing and preventing duty crimes. The staff of the procuratorate guided us to visit while explaining. The commentator first briefly introduced the main responsibilities of the procuratorate, and then explained the typical duty crimes 10 in Yingjiang and Dehong in recent years. These cases have a very strong effect on my personal vigilance and education. These cases are people around us, people we are familiar with, and we really sympathize with them. It is not easy to organize and train a leading cadre. It is not easy for many of us to get out of rural families and get to this position today. Think about our hard life in the past, think about the hard road that the older generation of revolutionaries have taken, and look at the advanced models such as Jiao, Yang Shanzhou and others around us. Look at ourselves again. We have a happy family, parents, wife, children, a good job, food, clothing, housing and transportation, and everything is lacking. Why don't we work hard? We really should cherish our present job. There is no regret medicine in the world. Therefore, at all times, we must be clear-headed, have firm ideals and beliefs, be honest and honest at all times, keep the bottom line of being an official, keep the defense line of moral sentiment, and not step on the red line of law and discipline. After visiting the photo exhibition, I left: Do more such activities so that leading cadres can receive education directly? Suggestions.

In recent years, duty crimes in our county are on the rise. There are many reasons, but it also has something to do with our insufficient publicity and warning education. Some cadres even made very low-level mistakes. This case introduces the case that Wang, the former mayor of a town, committed the crime of illegal detention. As long as anyone who knows something about the law knows that this is illegal, Wang doesn't even have the minimum legal knowledge. Maybe he knows it's illegal, but he relies on his leadership. Just take it for granted that we can do whatever we want. In any case, such a low-level mistake should not be made. If this kind of warning education can be carried out regularly, first, it is necessary to ring the alarm bell to leading cadres at all times, so that they can stop from the brink and make as few mistakes as possible; Second, by telling the cases of people making mistakes around us, we invisibly warn and alert our cadres. At any time, don't take chances, don't stretch out your hand, you will be caught, so that leading cadres will not dare to rot; The third is to publicize the spirit of the rule of law, so that leading cadres can administer, act and perform their duties according to law.

After seeing the photo exhibition, you went to the fifth floor to see it again? Misunderstanding of inducing public officials' duty crimes? In the warning education film, seven typical misunderstandings are listed: one of the misunderstandings: I don't know that the money was collected by my wife and children, and I can't commit a crime if I didn't receive it directly; Myth 2: Money exchanges between relatives, classmates and friends are purely personal gifts and do not constitute crimes; Myth 3: I helped him with the project and he won a lot of money. I got a little money, and I was paid according to my work. Myth 4: the unit keeps the small vault and does not misappropriate a penny. Everything is for the collective and cannot be illegal; Myth 5: this is decided by collective research, and it should not be my personal responsibility if something goes wrong; Myth 6: write some books, draw some pictures, engage in some creation, earn some manuscript fees, facilitate others, and benefit from not accepting bribes; Myth 7: Sending money and collecting money are one-to-one. You can't convict me as long as you refuse to admit it.