UN Anti-Corruption Convention And The Improving The Mechanism Of Chinese Prevention Of Crime By Taking Advantage Of Duty

Firstly, the essay explains the meaning of crime by taking advantage of duty and the prevention of crime by taking advantage of duty and analyze the reason of the appearance of crime by taking advantage of duty , using the connection of Chinese the prevention of crime by taking advantage of duty and UN Anti-Corruption Convention as the main research line and taking the legal issue of the prevention of crime by taking advantage of duty which relates to the UN Anti-Corruption Convention as the main research content and then doing research about the history of Chinese prevention of crime by taking advantage of duty. There are four shortcomings in the prevention of crime by taking advantage of duty. The first one is: lacking the legal protection of the prevention of crime by taking advantage of duty. The second one is: the transcending the regulation of prevention of crime by taking advantage of duty.. The third one is: lacking the systematic supervision. The fourth one is the way of getting back the property is inconsistent with the international custom. The paper analyzes the content and the legislative spirit of UN Anti-Corruption Convention, referring the necessity of complying Chinese regulations of prevention of crime by taking advantage of duty with UN Anti-Corruption Convention and comparing the ways of prevention of crime by taking advantage of duty in foreign countries.Basing these analysis, the essay points out the views of improving the Chinese prevention of crime by taking advantage of duty. The first one is: improving the legislative system of punishing the crime by taking advantage of duty. The second one is: improving the precaution system of the crime by taking advantage of duty which includes three aspects. The first aspect is: the unity of the precaution system of the crime by taking advantage of duty. The second aspect is: socialized precaution system of the crime by taking advantage of duty which includes the duty of the subjects of the precaution system, the cooperation and the procedure and ways of carrying out their functions. The third aspect is: improving the supervised system, emphasizing the supervision of administrative body, especially to the main leaders of these organs and the usage of financial money. The fourth aspect is: improving the system of getting back the property. Establishing the agent system in the procedure of getting back the property and the system of trial by default in the Chinese criminal procedure law; adding up the article of sharing the property when singing the convention about the criminal judicial cooperation with foreign countries or singing the agreement of sharing the property with foreign countries in the special case.