Analysis of duty crimes in the past two years

Analysis of duty crimes in the past two years

With the gradual establishment of the socialist market economic system, China's economic construction has achieved unprecedented rapid development. However, due to social transformation and institutional transition, there are many imperfections, leaving some corrupt elements with opportunities to survive, and power corruption is spreading. Because of the status and social influence of the subject of power corruption, its negative effects far exceed the direct damage caused by corruption itself to society. How to fundamentally curb corruption has become an unavoidable subject before us. This article tries to discuss the situation of duty crimes investigated and handled by our hospital from 2002 to 2003, and talks about the characteristics, causes and countermeasures of corruption.

First, digital analysis

1. The number and proportion of cases. In 2002-2003, a total of 41 cases of 45 types of duty crimes were investigated. Among them, 4 joint crimes and 34 major cases. Among the 41 cases, 16 cases of corruption, accounting for 39% of the total number of cases; 11 cases of bribery, accounting for 27% of the total number of cases; 9 cases of misappropriation of public funds, accounting for 22% of the total number of cases; 5 cases of infringement cases Accounted for 12% of the total number of cases.

2. The quality of criminal suspects. From the perspective of the cultural level of 45 suspects, there is one person in the national culture, accounting for 2% of the total number; 9 people in the national culture, accounting for 20% of the total number; 15 people in the high school culture, accounting for the total 33% of the population; 20 people with a college education or above, accounting for 44% of the total number, and high education is particularly prominent in such crimes. From the age analysis of crimes, mainly concentrated in 30-50 years old, there are 32 people, accounting for 71% of the total number. Secondly, there are 7 people over the age of 50, accounting for 16% of the total number; 6 people aged 20-30, accounting for 13% of the total.

3. The identity of the suspect. Among the 45 suspects, from the perspective of the law of the industry, there are 29 people working in state-owned enterprises, 9 people working in state organs, 2 people working in public institutions, financial sector workers, and individual private individuals. They are 3 people and 2 people respectively. State-owned enterprise staff members are suspected of committing crimes, accounting for 64% of the total number.

4. The amount of suspected crime. The highest amount of corruption for alleged corruption is more than 1.8 million yuan, the lowest is 23,500 yuan; the highest amount of personal bribery for suspected bribery is more than 800,000 yuan, the lowest is 15600 yuan; 1 suspected unit accepting bribes The amount of bribes paid by the unit amounted to 2.04 million yuan; the amount of bribery for two suspected bribery offences was 85,000 yuan and 51,000 yuan respectively; the highest amount of misappropriation of public funds reached 150,000, the lowest 100,000; the highest risk of economic losses caused by the alleged misconduct The amount is more than 800,000 yuan.

Second, the characteristics analysis

1. The crimes committed by staff in younger countries account for a considerable proportion. In 2002-2003, a total of 41 cases of corruption, bribery, dereliction of duty and other crimes were investigated and handled in 45 cases. The number of criminal suspects under the age of 35 is 20 and 20, accounting for 44% of the total number of cases. The age of crime is obviously young. The trend of the first time, the minimum age for the first crime is 23 years old. The age of cadre crimes is on a downward trend.

2. The proportion of major crimes in the financial system is high, the amount involved is large, and the situation of carrying money is outstanding. In 2002-2003, two cases of corruption in the financial system were investigated, all of which were major cases. The amount involved was more than one million yuan. Three suspects also fled with money and caused huge economic losses to the country. For example, the deputy director of the branch office of the Construction Bank Mall, suspected of embezzling public funds of 1.8 million yuan, the construction bank clerk Yuan Mou, Fu Mou partner corruption of more than 103 million yuan.

3. The number of filings was flat, and the increase in major cases was large. In 2002-2003, the average number of filings per year was maintained at around 20, but the proportion of major cases has risen sharply. In 2003, 20 cases of duty crimes were investigated, and 19 major cases were filed, accounting for 95% of the total number of cases filed, 20 percentage points higher than in 2002, hundreds of thousands of dollars in corruption, several million yuan, and hundreds of thousands of public funds. The case of Yuan is not uncommon. For example, Yu Jianjun, director of the Local Taxation Bureau of Haihua Development Zone, was suspected of embezzling and accepting bribes of 1.04 million yuan.

4. The “top leader” of state-owned enterprises or department heads and accountants, and the crime of business personnel is quite serious. Among the 45 suspects, there are 29 persons belonging to state-owned enterprises, accounting for 64% of the total number of cases filed, mainly concentrated in the petroleum and chemical industries. The positions of criminal suspects are also concentrated. They were former managers and directors. There are 17 people waiting for the "number one" and department heads, 5 people who were former accountants, and 7 people who were former salesmen. These units and positions are so-called "dangerous zones."

5. Crimes committed by administrative law enforcement personnel have occurred frequently. With the improvement of the socialist market economic system, the status and role of administrative law enforcement agencies are getting larger and larger. However, some administrative law enforcement personnel have a weak legal concept, and violent law enforcement often occurs. The abuse of power, greed, and malpractices are also becoming increasingly prominent. In 2002-2003, a total of 6 criminal cases involving administrative law enforcement personnel were investigated, accounting for 14.6% of the number of cases filed, including 4 government staff, 1 tax agent, and 3 other agencies.

6. The crime lasts for a long time, the number of times is large, and there are more crimes alone. By analyzing the criminal process of 45 suspects, it can be seen that most crimes last for more than one year and the longest is eight years; corruption, misappropriation and bribery are also carried out many times, up to 10 from more than 20; the fastest One person committed 15 consecutive crimes in two days, embezzling more than 1.8 million yuan. Of the 45 people, 34 were single criminals, accounting for 76%, more than the number of criminals. One person can complete a huge amount of criminal activities, which is concealed and difficult to be discovered, and the evidence is easy to destroy, thus becoming a more adopting method. This situation also illustrates the embarrassment of the inability to supervise the power of individuals.

7. Criminal means are complex and simple, and typical. Judging from the criminal means taken, it can be said to be both complicated and simple. Complexity means that at the beginning of the crime, they used various means to cover up crimes, including making false accounts, issuing fake invoices, and borrowing clauses, so as to find excuses for themselves at the time of the incident, and also set obstacles for investigation. Simplicity means that their means of committing crimes are typical and universal. For example, the crime of corruption is mainly based on means such as false reporting, destroying receipts, and not collecting accounts. The crime of accepting bribes is mostly for the sake of the people. The use of power to obtain the receipt of money and other means, the misappropriation of public funds for the majority of the income is temporarily not accounted for personal use or misappropriation in the name of investment. For example, Yuan Mou, a salesperson of the municipal oil company, repeatedly used the means of not collecting accounts when he was a salesperson of the oil company's lubricating oil branch. Corruption of 110,000 yuan was taken for himself.

Third, the cause analysis

1. "Corruption pollution" in the social environment is an external cause of crime

Since the 1990s, with the gradual deepening of reform and opening up and economic construction, especially in the process of establishing and perfecting the socialist market economy, the transformation of new and old systems, the crisis of moral consciousness and other factors have made the state staff survive. The choices, the evolution of individual concepts and other aspects have experienced an unprecedented psychological and spiritual test. Some national staff, under the temptation of money and material interests, use their rights as a bargaining chip to fall into the quagmire of duty crimes, corruption in China. Increasingly serious. According to statistics, during the three years from 1993 to March 1996, the discipline inspection and supervision organs at all levels in the country investigated and handed over more than 1,600 cadres at the prefectural level and above for party and political disciplines, which were the four years from 1986 to 1989. 13 times. In 2003, the courts at all levels in the country sentenced 22,986 criminals such as corruption, bribery, and misappropriation of public funds, equivalent to 1.5 times the total number of US convictions under the Anti-Corruption Law in the past 20 years. Since the disclosure of Wang Baosen and Chen Xitong in 1995, Hu Changqing, Cheng Kejie, Cheng Weigao, Li Zhen and other senior cadres have been investigated and punished for corruption and bribery. Tai'an Hu Jianxue case, Xiamen Customs case, Shenyang Muma case, etc. The case was exposed. The results of many years of social surveys show that the most hated, disgusting, and most concerned social phenomenon is corruption. During the two sessions this year, Xinhuanet and the "Economic Information Daily" jointly launched the "You are most concerned about hot issues" vote survey results show that "anti-corruption" with 84% of the vote rate ranked first in the hot issues of ordinary people's most concerned In the online survey of the "Ten Sessions of the Tenth National People's Congress, what do you care most about", as of the afternoon of March 1, "strengthening the construction of a clean government and deepening the anti-corruption struggle" also led by 31,600 votes. In such an era, how can we avoid the pollution of corruption?

It can be said that the above-mentioned corrupt elements have set a "corrupt leader role model" for people. Studies have shown that it is difficult for officials in public administration to remain honest if high-level political leaders are unable to set an example, but are directly involved in corrupt practices or tolerate corruption by their relatives. Criminal behavior is learned like other activities such as reading, writing, and painting. Due to the connection of criminal models, potential criminals have learned a definition suitable for wrong behavior through social and psychological interactions. If such definitions exceed a certain limit in terms of frequency, strength, and sustainability, they are prone to crime.

2. The misplacement of the value of the perpetrator is the direct cause of the crime.

At present, China is in the process of transitioning to a market economy. Due to the adjustment of the interest pattern, all kinds of temptations in the market economy have suddenly come to the forefront, and the disparity between the rich and the poor and the unfair distribution have begun to appear. This is especially true for the poor country workers. It is a major test for the key positions to have real power. These people can use their powers to raise money to satisfy all kinds of material desires. In addition, some units tend to emphasize the economy, but ignore the ideological and political work, the use of staff and the lack of education, which leads some national staff to relax the transformation of the subjective world, not to reflect their own value in the contribution to the people. On the other hand, I lost the purpose of serving the people. I only want to take more money when I have the right, "life is like a dream", "I don't want to fish without fishing", "the right to not have to expire," the bourgeois pragmatism In some people, "money supremacy" and "equivalent exchange" prevail in some departments, and some people regard it as the behavioral law of official activities, thus making these people have the ideological foundation for corruption. Another kind of psychology is that both parties to bribery and accepting bribes are a community of interests. You give me money. I will do things for you and benefit each other. For the immediate interests and long-term interests of both parties, bribery will not sell me. In fact, they have not thought deeply about it. That is, the psychological basis of both bribery and bribery is different. The relationship between the two parties is completely controlled by interests, and there is no love.

3. The institutional flaws in the period of economic transformation are the root causes of crimes.

Most scholars believe that China's corruption problem "is already an institutional defect, that is, the serious defects of the current political system and economic system and the various loopholes in various management systems continue to create and breed all kinds of corruption, and make corruption increasingly popular." The reasons for this have become the root cause of duty crimes. The main institutional factors leading to job crimes are:

1. There are loopholes in the management system. The loopholes in the management system are mainly manifested in the following: First, there are unhealthy trends in the employment system, fewer democratic elections, more leadership appointments, less open competition, and more black-box operations, resulting in poor moral quality, low political quality, and indifferent legal awareness. People are mixed into the national staff team and mixed into the leadership positions; second, the work management system is not perfect, there are loopholes in the work links; third, the financial management system is not strict, the accounting review is sloppy, and the annual audit is gone. The above-mentioned loopholes in the management system provide a large number of job crime opportunities. The more loopholes, the more opportunities there are for crime. The opportunity for crime is a necessary condition for the execution of criminal acts, and "the number of opportunities for corruption directly affects the strength of corruption of public officials." On the one hand, these system loopholes provide opportunities for crime, and on the other hand induce human criminal motives.

2. The supervision and control system is not effective. Unrestricted power will inevitably lead to corruption, and supervision is an effective way to restrict the abuse of power. At present, the supervision system has many defects in the types of supervision and the actual utility is not serious. The supervision of the National People's Congress, the supervision and supervision of the Commission for Discipline Inspection, the supervision of the public, the supervision of public opinion, and the supervision of the law all have the phenomenon that supervision is not in place. On the other hand, the supervisory authority or individual does not have a transcendental status, and its people, money, and materials are restricted to some of the supervised, and the supervisory power is difficult to fully implement.

3. The punishment system is not strict. Most scholars believe that the current punishment mechanism and structure of a country is an important factor in determining the degree of corruption in the country. If other conditions remain unchanged, increasing punishment will reduce corruption. The fact that China’s “corruption black number” is still high shows that there are major problems in measures, intensity and density of corruption punishment. The most important thing is that the French Internet is not strict. There are too many people's cases and relationship cases. If you commit crimes, it does not mean that you will be punished. Punishment does not mean equal punishment. From 2002 to 2003, our hospital received a total of 26 32 people who were guilty of self-investigation in the court, including 26 who were sentenced to probation and 6 who were exempted from criminal punishment. The court often does not consider the circumstances of the crime and the attitude of confession, as long as it is a crime of up to three years in prison, it is generally sentenced to probation. “Probation and exemption from criminal punishment” is a major factor in inducing further corruption.

Fourth, the countermeasure analysis

In order to eradicate corruption, we must constantly improve the power supervision mechanism and comprehensively use economic, institutional, legal, and educational means to treat both the symptoms and the root causes.

First of all, to eradicate corruption, we must first clear the misunderstanding of ideas, strengthen the ideological and moral education of party members and cadres, and continuously strengthen the construction of administrative ethics.

It is necessary to build up the phenomenon of preventing corruption in the mind and always establish the image of the public servant of the people. Education must become the top priority of the work. Education means strengthening the world outlook, outlook on life and values ​​of leading cadres, and bringing the ideological and moral construction of leading cadres to a more prominent position, and curbing the breeding of corruption from its roots. Comrade Jiang Zemin proposed to grasp the rule of law and also to rule the rule of virtue. It has both a strong realistic orientation and a long-term solution.

At the same time, we must continuously strengthen the construction of administrative ethics. The purpose is to promote honesty and integrity, strengthen the integrity and diligence of public officials, create a model of morality, give play to the influence and role of the model, and form a clean and honest atmosphere. It is necessary to carry forward the fine tradition of German politics, awaken the self-discipline consciousness of the power subject, foster a political atmosphere of honesty and self-discipline, promote the Confucian people's "people-oriented and gentle-minded", "the people are the state-based", and the people-oriented consciousness of the people and the people, inherit the modest and cautious, guard against arrogance The spirit of shackles, hardships and simplicity, and the establishment of a "people's public servant" consciousness that serves the people wholeheartedly, dilutes the desire for power and sincerely serves the people.

Secondly, it is an effective way to curb current corruption by improving various systems and institutional innovations, strengthening institutional supervision, and improving the supervision network of important power systems to prevent the arbitrariness and privatization of power operations.

Opportunity for corruption is the most important condition among the three necessary conditions for the emergence of corrupt behavior. After the motive of corruption arises, the corrupt behavior enters a critical state. Whether or not corruption can be successfully completed depends mainly on the number of opportunities for corruption. To prevent crimes committed by State employees, the most important thing is to eliminate opportunities for corruption. To eliminate opportunities for corruption, the most important thing is to find opportunities for corruption. As far as the current situation is concerned, opportunities for corruption mainly exist in imperfect and vulnerable systems. Therefore, to eliminate the opportunity for corruption, it will be implemented to plug the loopholes in the system, improve the system and institutional innovation. It is necessary to establish a strict network of monitoring powers through the implementation of a system of punishing corruption, restrictions on the qualifications and deprivation of professional qualifications, property declaration systems, a system of provident funds combined with the salary system, and resignation of officials, and it is not greedy for corrupt elements. huge stress. At present, we should mainly grasp the following aspects: Establish an open disclosure mechanism that is compatible with the open guidelines of the market economy. The government departments, real power departments and public administrations closely related to the interests of the people of the people should effectively improve their transparency and comprehensively disclose administrative affairs, factory affairs and village affairs, especially for large-scale government procurement projects and public utilities. Special business, such as engineering construction, pharmaceutical procurement, etc., should be open to bidding, and resolutely put an end to black-box operations. Establish a check and balance mechanism for power that is compatible with the norms of market economy equality. It is necessary to restrict some powers from participating in market operations, and strictly prohibit the party, government, and military organs from running enterprises. At present, it is necessary to prevent the false decoupling or clearing of these enterprises, and the interests still exist. At the same time, we must vigorously prevent the resurgence of "official enterprises. Establish an economic regulatory mechanism that is compatible with market economy efficiency guidelines. In the fight against corruption, using the effective form of economic regulation can effectively promote the development of anti-corruption. For example, the "two lines of revenue and expenditure" stipulates that the strict charging system is to separate the punishments and charges, and strictly ban "small treasury." In addition, it is necessary to strengthen the audit work and supervise economic activities through audits.

While strengthening the system construction, the key is to strengthen supervision and ensure the implementation of various rules and regulations. Leading cadres should strengthen their sense of supervision, improve the system of democratic living within the party, improve the system of cadre appointments, give full play to the role of discipline inspection and supervision organs, and effectively strengthen internal supervision and management. It is necessary to establish a smooth external supervision mechanism, strengthen the supervision of the NPC and the CPPCC, broaden the channels for public supervision, and establish an external supervision mechanism that relies on the strength of the broad masses of the people. In particular, we must pay attention to the supervision of special groups, focusing on leading cadres at all levels, national public servants, and special power departments, and infiltrating supervision into daily management, covering learning, work, life, consumption, and social affairs. Extending to families and relatives, we must supervise, supervise, prevent and prevent problems, and prevent abuse of power to the maximum extent, so as to effectively eliminate corruption.

Thirdly, using economic means, we can learn from the Western "following the good fortune" and provide economic conditions that are "unwilling to corrupt."

History and reality show that one of the important root causes of serious government corruption in many developing countries is that public officials in government departments have to use their work for personal gain because their income is too low to maintain their normal living standards. On the surface, the low-wage policy seems to shorten the distance between government officials and the people, and achieve the goal of opposing privileges and achieving justice. In fact, on the contrary, it has contributed to privileged thinking and various injustices. In most developing countries, abuses of privilege, malpractice, corruption and bribery by government officials are just a reasonable and unlawful addition to low wages. Some countries with more successful anti-corruption, such as Sweden and Singapore, have maintained a lower level of corruption by raising the wages of civil servants, giving them a slightly higher income than the private sector. On the one hand, it can promote excellent talents to enter government institutions; on the other hand, higher wages and other benefits can enable ordinary civil servants to maintain a decent life of medium or above by their legitimate income, so that they have less life. The sense of oppression and sense of crisis, so that they can be loyal to their duties, can resist some material temptation. Therefore, it is the material basis for the civil servants' wages and benefits and the post-retirement preferential treatment to be standardized and institutionalized through laws and regulations. This is the material basis for the civil servant's clean and honest thinking style to be cultivated and strengthened. Under the conditions of market economy, it is in line with the principle of fair distribution of market economy to give higher salaries to national public officials. The consistency between the higher social role status of national public officials and higher salary income helps to form a “social justice” judgment in this class, and it is possible to assume the morality, obligation, responsibility and responsibility of the role. Norms generate identity, and identity is the premise of their constraints on self-behavior.

Therefore, in a market economy with a differentiated market, it is difficult to raise a low salary without a high salary. However, high salaries can only have a truly effective impact on the integrity of state public officials if they are combined with a strict and perfect legal system. On the one hand, the state gives public officials a more stable and better life and welfare and a higher social status; on the other hand, the state monitors its behavior and property income through effective laws. Only in this way can we truly realize the economic conditions of "reluctance to corrupt" by providing support.

Finally, the most fundamental thing to curb corruption is to rely on legal weapons.

Just as Comrade Deng Xiaoping said when building a clean government: "It is still necessary to rely on the legal system and the legal system to rely on it." At present, the key to strengthening the legal construction of a clean government is to improve legislation and strictly enforce the law. Therefore, maintaining a strict legal network and eliminating the abnormal phenomenon of “freedom from punishment” is a powerful guarantee for eliminating the opportunity for corruption. Some party disciplines and disciplines should be promoted to the law as soon as possible through legislation, such as legislation to raise the "Corruption Guidelines" into the "Integrity Law." In recent years, China has also implemented a personal income declaration system among party and government cadres. The Family Property Declaration Law should be formulated on the basis of continuing to implement the family property reporting system. It is necessary to formulate various single-line laws and regulations with the "anti-corruption law" as the main body. For example, the "Anti-Corruption Law", the "Supervision Law" and the "Reporting Law" should be formulated as soon as possible in order to use the law on the construction of a clean government and the functions and powers of the supervisory organs. The form is fixed and an effective check and balance of power. In addition to attaching importance to the formulation of regulations on ex post punishment, it is necessary to strengthen the formulation of pre-existing preventive regulations and gradually establish a strict and strict system of clean government laws and regulations.

At the same time, it is necessary to strengthen law enforcement inspections and supervision in anti-corruption and strictly enforce the law. On the one hand, all state organs and their public servants are required to abide by the law. On the other hand, the state administration and the judiciary and their public officials are required to strictly enforce the law. This requires us to break the traditional understanding of "strict education, deal with lenient", adhere to equal emphasis on education, and punish corrupt elements as an important measure to strictly govern the party, strictly manage the government, and strictly manage the "long".