| The present paper mainly stresses on the crime by taking advantage of duty present situation which and the corresponding countermeasure ponder occurs to the current middle and elementary schools, its core mentality is the root which the proving current N city Middle and elementary schools crime by taking advantage of duty increases progressively year by year is, take the pedagogy as the field of vision, proposes the solution main way and the countermeasure.Specifically speaking, the paper introduction part first from the crime by taking advantage of duty research's background, the significance obtains, carries on the analysis to the domestic and foreign research's present situation; Next, carries on the analysis to the educational system current crime by taking advantage of duty prevention work's importance and the special significance, especially carries on the analysis to the middle and elementary schools crime by taking advantage of duty's special influence, for carries on the essential upholstery from the pedagogy angle of view discussion middle and elementary schools crime by taking advantage of duty's prevention. Next is carries on the limits to the crime by taking advantage of duty concept. Because the present paper involves the crime question the discussion, must involve the legal domain to this concept understanding. The crime by taking advantage of duty is in itself a kind of criminality name, which behaviors belongs to the crime by taking advantage of duty in various countries' as well as our country's different time to have some arguments. Therefore in the issue document uses the legal language to carry on the description as far as possible, mainly from this kind of crime constitution's main body, the object, the subjective aspect, the objective aspect carries on the analysis, obtains about the crime by taking advantage of duty general concept. Above this foundation, then analysis educational fields crime by taking advantage of duty common charge as well as essential feature.The first part: Unifies in the N city Middle and elementary schools' crime by taking advantage of duty actual case, has the reason to the middle and elementary schools crime by taking advantage of duty to carry on the analysis.First, N the city People's Procurator ate investigated carries on the induction analysis to from 1999 the illustrative case which to 2006, pointed out in the current middle and elementary schools' crime by taking advantage of duty mainly to occur in the school infrastructure, the teaching material purchase, the teacher transfers, domains and so on financial control, had the affected area to be broad, the association committed a crime, the main body to be centralized many, the method diverse confidentiality to be big, the amount increased progressively, the social impact on affect the major characteristic particularly year by year to the young students; The next union happening school's actual situation and perpetrator's written repentance the objective cause which and the subjective reason produces to middle and elementary schools' crime by taking advantage of duty carries on the analysis, has analyzes with emphasis expounds in the N city Middle and elementary schools the crime by taking advantage of duty root mainly to lie in principal the authority relative centralism, the flaccid school administration system, the administrative personnel's the psychology to be unbalanced under the market economy impact, the legal awareness is light; Finally, proofreads the crime by taking advantage of duty prevention system's insufficiency to the existing educational system elementary and middle schools to carry on the proof particularly, for the later word proposed target-oriented the preventive measure builds the foundation.The second part: Key proposes the middle and elementary schools crime by taking advantage of duty prevention countermeasure.The union happening school's actual situation and perpetrator's written repentance the objective cause which and the subjective reason produces to middle and elementary schools' crime by taking advantage of duty carries on the analysis, has analyzes with emphasis expounded that in the N city middle and elementary schools the crime by taking advantage of duty root mainly lies in the regional economies factor influence, the teacher receives lowly; Principal the authority relative centralism, the flaccid school administration system, the administrative personnel's the psychology are unbalanced under the market economy impact, the legal awareness is light; Finally, proofreads the crime by taking advantage of duty prevention system's insufficiency to the existing educational system elementary and middle schools to carry on the proof particularly, for the later word proposed target-oriented the preventive measure builds the foundation.The paper third chapter, proposes the middle and elementary schools crime by taking advantage of duty prevention countermeasure with emphasis.Prevention system which from the legislation, the construction education control system pays equal attention to, to the concrete system guard, the family guard, individual prevention and so on different angles proposed that the prevention education countermeasure, pointed out the middle and elementary schools superintendents must set up govern legally proof read, the middle and elementary schools must establish and consummate the prevention system which the education, the system, the inspector general pay equal attention. Further proposed speeds up carries on the elementary education domain crime by taking advantage of duty prevention the legislation work.The conclusion part to this article place and waits for the place which further deepens making the analysis break through. |