| The duty crime is a criminal act that functionaries of state organs,personnel of state-owned companies,people's organizations,enterprises and institutions engaged in public service and personnel of state organs engaged in official work according to contracts take advantage of their positions to facilitate the embezzlement,bribery,dereliction of duty,favoritism,malpractice or violation of the rights of citizens,and destruction of the state's administrative functions over public affairs,which shall be punished in accordance with the provisions of the Criminal Law.The psychology of duty crime is the psychological phenomenon that the person with a specific position takes advantage of his position to facilitate the commission of the crime.Based on literature analysis and case analysis,60 cases of duty crimes were used as the research materials to analyze the law,characteristics and causes of the psychology of duty crimes.Most of duty criminals have higher education level than the university.Their age is dominated by middle age.The duty crime has a long period of time,mostly 5-10 years(about 28%).Although there are many kinds of criminal behaviors of duty crime,they still have commonalities and characteristics.These commonalities and characteristics are the worsening trend of duty crimes from the beginning,with high frequency,concealed,and different kinds of behaviors have the same motivation.The duty criminals evade the punishment by carrying on the counter-investigation preparation in advance,concealing or destroying the evidence afterwards and escaping after the case was revealed.The process of duty crime is both rational and irrational.Its rational aspect is mainly reflected in the clear understanding of the nature of their own behavior.Its irrational aspect is mainly reflected in the process of estimating the risk of criminal behavior and the process of rationalizing criminal behavior through moral disengagement.The psychological state of duty criminals is contradictory,anxious,fearlessness,inferiority and angry.Anxiety and fearlessness are the main psychological states of the duty criminals,and the number of people in this state is about 63% and 58%,respectively.Inferiority and anger exist before the crime,anxiety and fearlessness exist after the crime,the contradictory may exist before or after the crime.These psychological states change easily with the situation and can be repeated.On the psychological cause of duty crime,in cognitive terms,the motivation or determination of duty crime may be established by a duty criminal either because he does not realize that conduct will constitute a crime,or because he has confidence in controlling the limits of violations of law or discipline,or because he has the power and status,capacity,etc.,should result in a great deal of wealth and the misconception of putting personal interests above the interests of the State,or because he has weakened the sense of guilt through moral disengagement,or because he thought the behavior wouldn't be discovered;in emotional terms,the motivation or determination of duty crime may be established by a duty criminal either because of negative emotions arising from professional distress,or because of a sense of inferiority caused by the wealth gap,or because of the anger over interrogation,supervision.The formation of motivation of duty crime has two patterns: purposeful choice and situational response.In the pattern of purposeful choice,the establishment of motivation of duty crime precedes the emergence of situation;in the pattern of situational response,the motivation of duty crime is established only after the emergence of situation.Another difference between the two patterns is that some duty criminals lack the rational thinking of the natures and consequences of their criminal behaviors in the pattern of situational response.After the commission of the criminal behavior,the motivation of duty crime can develop in three directions: weakening,strengthening and disappearing.According to causes and patterns of formation and development of the psychology of duty crime,corresponding preventive measures that aimed at specific problems in legislation,investigation,supervision,management,education and training should be implemented,in the word of duty crime prevention. |
PDF Full Text Request