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Research On The Balanced Governance Of Duty Crime

Posted on:2020-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y H SunFull Text:PDF
GTID:2416330596994176Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the use of state power and the integrity of public officials,duty crimes not only have a strong destructive power to social order and economic development,but also have a great corrosive effect on the social atmosphere and become the focus of crime management in countries around the world.The issue of duty crimes in our country is more prominent.Whether the duty crime governance work can smoothly carry out the overall image of public officials and the overall situation of reform and development.Since the 18 th National Congress,with the establishment of the supervision system,the revision of the criminal procedure law,and the implementation of the new Regulations on the Disciplinary Punishment of the Communist Party,a relatively strict system of duty crimes has been formed,and high-pressure anti-corruption has become the norm.However,the governance of duty crimes still relies too much on the authoritative forces such as criminal policies.The forces outside the criminal policies such as politics,economy,culture and education are weakened,ignoring the basic value and importance of balance as a crime of duty crimes.The imbalance between the prevention and punishment of crime and the expected social effects of criminal law is more serious.This paper mainly explores the problem of balanced governance of duty-related crimes under the guidance of the theory of balanced law put forward by Professor He Dian Team of Jilin Police College.Emphasis is laid on "balance" as the basic idea of the governance of duty crimes,aiming at forming a balanced governance system of duty crimes with high efficiency by fully integrating and effectively allocating the governance resources of the state and society.The ultimate goal is to achieve a good social effect of preventing and punishing duty crimes through balanced governance.Firstly,the paper elaborates the basic connotation of the governance of duty crimes,and objectively evaluates the governance policies and effects of duty crimes in different historical periods.It concludes that the neglect of the pursuit of balanced value in traditional governance is the main cause of various imbalances in the governance of official crime,and then puts forward that the balanced governance of official crime must be carried out under the guidance of the balanced law.Then it discusses the relationship between duty crime governance and balanced rule of law and the need for balanced governance of duty crime,which provides basic theoretical basis for balanced governance of duty crime.Finally,by listing various imbalances in the governance of duty-related crimes in China,including the imbalance of conviction and sentencing standards of duty-related crimes,the systematicness of the governance of duty-related crimes and the imbalance of the lack of anti-corruption laws,we can make a balanced response from both internal and external aspects of the criminal law.In this paper,the author tries to combine balanced governance with the transformation of the main social contradictions,the development of light criminal law,big data and other issues,trying to find a new balanced governance idea for duty crimes.
Keywords/Search Tags:Duty crime, Governance, Balance law, Light criminal law
PDF Full Text Request
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