An Economic Analysis On Duty Crime Punishment In China

With the continuous development of China’s economy and society, and the continuous progress of reform and opening up, the problem of duty crime punishment is great concerned by community. The problem of duty crime not only affects China’s economic and social stability, but also directly affects the realization of daily life and the rights of citizens. Since the late 1980s, China has gradually made more efforts to punishing duty crime, and continues to strengthen in subsequent decades, but the punishing effects of duty crime in China still cannot make the community satisfied. On the problem of duty crime punishment, scholars had extensive discussions from different disciplines and different perspectives which focus on the causes of duty crime and punishment recommendations, but the results caused by duty crime, particularly the relationship between the duty crime punishment and results cause by duty crime has inadequate discussions and are lack of empirical research supported by a large amount of data.With regard to the situations of duty crime in China and the specific issues existed in the process of duty crime punishment in China, this article attempts to use the method of cost-benefit analysis, make the legislative efficiency and law enforcement’s efficiency as the main line, explain the differences between subjective feelings and objective results on duty crime punishment in China. This article also investigated the impacts of economic and social factors on duty crime punishment in China, and used the methods of empirical analysis to study the impacts of the legislative cost on the legislative efficiency about the duty crime punishment in China, as well as the impacts of the law enforcement’s cost on the law enforcement’s efficiency about the duty crime punishment in China. On this basis, the article puts up proposals on the theoretical and practical aspects to improve the specific legislative efficiency and law enforcement’s efficiency of duty crime punishment in China.In research methods, the article insists on the method of normative analysis and empirical analysis. While emphasizing the normative analysis based on the value in terms of efficiency, it also stressed the empirical analysis on the situation of duty crime punishment in China. Using the method of normative analysis and empirical analysis, this article attempts to reveal the difficult situation that was not observed and found on duty crime punishment in China. In order to enhance the accuracy of the empirical analysis, the article used the method of statistical analysis. Despite lack of research data in duty crime punishment, and there are few mature research results, but this article is to illustrate the specific problems on duty crime punishment in China by little data and give it more appropriate explanation. In addition to the above methods, it also used the method of cost-benefit analysis. Through this method, this article examined the specific investment of legislative cost and legal enforcement’s cost on duty crime punishment in China, and found the specific problems of duty crime punishment on the specific investment of legislative cost and legal enforcement’s cost on duty crime punishment in China, and made in as a basis for evaluating their efficiency.Except the introduction and postscript, this article consists of eight chapters. Introduction based on the situation of duty crime punishment, and put forward many aspects of the problems that will be solved, and pointed out the importance of these problems that need to be solved from theoretical and practical aspects. Introduction also combed the research situation not only in China but also in other countries, comparing different disciplinary research approach of the pros and cons, and put up the specific research methods used in the research.The first chapter discussed the economic analysis theory on duty crime punishment. This chapter respectively discusses development process of the economic development theory, the rent-seeking theory and the principal-agent theory, carding a detailed explanation of the different theories of duty crime, and exploring the specific recommendations of the different theories of duty crime in duty crime punishment. On this basis, the chapter gave the corresponding discussion and evaluation on different theories of rationality and shortcomings. Regarding to the economic development theory, the rent-seeking theory and the principal-agent theory, this chapter proposed the analysis framework of punishment efficiency. The analytical framework based on the concept to Karldor-Hicks Principle, the punishment efficiency consists of legislative efficiency and law enforcement’s efficiency and legislative efficiency is defined as duty crime reduction by controlling the motive for the duty crime and the opportunities for duty crime used the legislative cost; and the law enforcement’s efficiency is defined as the optimal deterrent effect achieved by adjusting the probability and severity of punishment used the cost of law enforcement. In this analytical framework, the article further discussed the evaluation criteria of legislative efficiency and law enforcement’s efficiency, and ways of legislative efficiency and law enforcement’s efficiency.The second chapter examined the specific situation of duty crime in China. This chapter specifically defined the concept of duty crime by comparing the definition of the duty crime. On this basis, this chapter further discussed the different measurement methods of duty crime, namely subjective and objective measurement methods. The subjective measurement is based on the measure of subjective feelings of the different subjects on the basis of duty crime what be carried out, such as Transparency International Index and other indicators of subjective experience; The objective measurement method is based on the actual number of duty crime that be investigated or the actual number of duty crime that be carried out in different countries or regions. Then this chapter specifically examines the specific situation of duty crime in China used these two different indicators. Since the relative accuracy and objectivity of objective measurement method, this article would use the objective measurement indicators as indicators to study the duty crime, and then carried out relevant empirical research.The third chapter analyzed the specific impact of the economic and social factors on the duty crime punishment in China after reform and opening up. This chapter described the changes of economic growth, per capita income, the income gap and the degree of urban residents and other economic and social factors after the reform and opening up in China. By combing the relevant literature, the chapter presented the relationship between economic growth, income gap, urbanization and duty crime punishment, and put up the corresponding theoretical hypothesis. According to the relevant theoretical assumptions, this chapter put up the econometric model for further empirical research. Then this chapter dealed with the corresponding data, and then tested the stability and co-integration of the research. Through the regression analysis, this chapter obtained regression coefficients of different economic and social factors. According to the regression results, they showed a positive correlation between the Chinese economic growth cycle and the duty crime rate; a significant negative correlation between the national Gini coefficient and duty crime; a negative correlation between the urbanization and the duty crime rate.The fourth chapter examined the investment situation of legislative cost on the duty crime punishment in China. The Legislative cost was divided into the cost of running cost of legislature, legislative information cost, the cost of legislative review and improvement, the cost of legal popularity and the legislative opportunity cost, and several other major aspects. The running cost of the legislature consisted of the cost of legislative institutional setting, financial funds disbursing, the salaries of the national staff and other indicators; The legislative information cost consisted of the cost of the form of the draft legislation, collecting information and obtaining the legislative materials and other legislative information; The cost of legal review and improvement consisted of the cost of session of legislature, the number of meetings, the number of proposals and the number of meeting days and other indicators; The cost of legal popularity consisted of the cost of legal texts production, the publication and education; this chapter further analyzed of the legislative opportunity cost.The fifth chapter analyzed the legislative efficiency of duty crime punishment in China. This chapter made the legislative quantity and the legislative quality as the specific indicators of the legislative cost, and combing the literature of the relationship between the legislative quantity, the legislative quality and duty crime punishment, and then proposed the theoretical hypothesis. Then established the legislative quantity index and legislative quality index, set the econometric model based on the corresponding hypothesis, then tested the relevant data of the stability and co-integration, then made the regression analysis of relevant data. Regression analysis showed that the investment of legislative cost on legislative quantity is not a legislative efficiency; and the investment of legislative cost on legislative quality have legislative efficiency.The sixth chapter examined the investment of law enforcement’s cost on duty crime punishment in China. This chapter examined the impact of discipline inspection and supervision system on law enforcement’s cost of duty crime punishment in China. Then discussed the preliminary investigation cost such as the clues management cost of duty crime case, the cost of preliminary investigation measures, the cost of registering procedure and other operating cost, also discussed the cost of duty crime investigation and investigation coercive measures of duty crime punishment in China and other investigation cost. Additionally this chapter also discussed the cost of the prosecution and the cost of judicial trial of duty crime punishment in China. These law enforcement’s cost constituted a major law enforcement’s cost of duty crime punishment, the specific allocation of these cost had a direct impact on the law enforcement’s efficiency of duty crime punishment, so they would be the the focus of law enforcement’s cost.The seventh chapter analyzed the law enforcement’s efficiency of duty crime punishment in China. By reviewing the relevant literature of deterrent effect theory, made the law enforcement efficiency indicators of duty crime punishment, namely the probability of punishment and the severity of punishment, then put up the hypothesis of the relationship between the probability of punishment, the severity of punishment and law enforcement’s efficiency according to the relevant literature. Then this chapter counted up the probability and severity index of punishment on duty crime punishment in China, such as registering rate, closing rate, major rate and important rate and so on. According to the relevant hypothesis established econometric model, then t processed he relevant data and made the corresponding test and the regression analysis. The regression results show that the registering rate, closing rate and major rate of law enforcement does not have the law enforcement’s efficiency, but the important rate have some law enforcement’s efficiency.The eighth chapter proposed the enlightenment on duty crime punishment in China from the theoretical and practical aspects. From the theoretical level, it should overcome the tendency simplistic cost-benefit analysis; emphasize on the deterrent effect of the duty crime punishment; relocate the impact of economic and social factors on duty crime punishment. In terms of legislation, it should enhance the professional level of the legislature and of legislative staff; emphasize on the legislative information cost; improve legislative mechanism; strengthen the effectiveness of law popularization work. In terms of law enforcement, it should improve the registering mechanism; strengthen the preliminary investigation measures; change duty crime investigation mode; regulate investigation coercive measures; adjust the prosecution standards. Of course, due to limitations of data and other aspects, the results of this article also had some shortcomings.