论法治视野下我国职务犯罪的预防-经济法学专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Job-related crimes severly endanger the political stability and economic development of a nation, thus, governance of them becomes a common problem faced the world. As with the deepening of our anti-corruption activities, precautionary measure has played a more and more significant role in the job-related crimes governance, and full theoretical and practical value has increasingly goes into the subject of preventing job-related crimes. This article starts from the constitution and harmfulness of job-related crimes, and analyzes the conception and necessity of the job-related crimes prevention. Then this article discusses the value of rule of law and reveals the logical relationship between value function of power’s legal control and job-related crimes prevention. On these bases, this article systematically analyzes the general situation and development trend of job-related crimes, with a in-depth analysis of its origin and preventing dilemma. It considers that preventing job-related crimes cannot thoroughly solve the problem of Chinese corruption, although some effect has witnessed the process of constructing the corruption prevention and punishment system within a certain range and area. The reason is that such prevention mode cannot fundamentally achieve the valid power control, but the essence of job-related crimes is alienation and abusiveness of power. In another word, effective restriction of power will lead effiency of preventing such crimes. At last, this article analyzes the status of rule of law and their preventing enlightments in developed countries, connected with some current thoughts and countermeasures in the perspective of rule of law of our nation. They are perfecting the related legislation, setting up punishment and prevention agency with independence and technicality, consummating the supervision mechanism and strengthening the education of rule of law. Key words: Job-related crimes Prevention