| The research of the crime related to authority is one of the most important topics in the study of Criminal Law in China. Based on the different academic viewpoints towards the crime related to authority taken advantage of position, the present thesis applies to study its major charaaeristics, with the aid of various research methods such as philosophy, criminal law, criminology, sociology, politics and so on. Focusing on the special features of the crime related to authority as occurred in higher education, the present study points out its special features different from the common ones. After studying these features from all aspects, it puts forward how to prevent its rectLrrence.Preventing the crime related to authority is a subject full of theoretical and practical. This paper is begun with the concept of the crime related to authority, and point out the nature of this kind of crime is the alienation of power. This part gives a brief introduction of its different concepts circulating in our domestic academic field. It then discriminates the concept of the crime related to authority in criminal law from that in criminology. Finally, from the perspective of criminal law it points out its definition in this article, which is the basis for the study of the crime related to authority in criminology. This kind of crime brings very severely negative effect to the national economy and politics, and its trend appears more and more complicated. This part combines concrete facts with sufficient material and generalizes its main features at present. This part also predicts its trend in China. So the significance of this subject can't be overlooked. The writer considers that in order to prevent this kind of crime efficiently the way should be rooted in the current situation of economy and politics of china, and draw lessons from the theory and practice of foreign countries and the United Nations Convention against Corruption on this aspect, and establish reasonable system, and guarantee the healthy development of economy, and improve the legal system of preventing this kind of crime. Accordingly, this paper proposes the establishment of a new preventive system of the crime related to authority, which is based on the cooperation in the fields of education supervisory administration and legal institutions. It emphasizes the vital institutions circling round prosecutorial organ in the development of the preventive system. Based on above views, this paper argues the possibility and measures to prevent this kind of crime after exploring the features and the subjective and objective reasons of this kind of crime according to criminal jurisprudence and criminology, and points out the defects of the current system of preventing this kind of crime, and then analyze the current countermeasure. As a conclusion, the writer promotes the way and orientation to better and consummate the system, considering the connection of the theory and practice. The writer believe that the viewpoints towards its preventive system and proposal for the crime related to authority will enlighten us on this field both in a theoretical and practical sense. |
