新形势下对渎职犯罪成因及对策的深层次分析.doc

新形势下对渎职犯罪成因及对策的深层次分析.doc

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新形势下对渎职犯罪成因及对策的深层次分析 目录 一、渎职罪的基本理论···························································1 (一)渎职罪的概念·····························································1 (二)渎职罪的分类·····························································2 (三)渎职罪的立法沿革·························································3 二、渎职罪的构成要件···························································4 (一)主观要件································································4 (二)客观要件································································5 (三)主体要件································································6 (四)客体要件································································6 三、渎职罪的成因······························································7 (一)日常生活角度····························································7 1.监督力度的缺乏······························································7 2.潜在“人情”的情况····························································8 (二)理性选择角度·····························································9 1.利益的引诱··································································9 2.职务的内在驱动·····························································10 (三)其他角度································································11 1.制度原因···································································11 2.理论价值观的变化···························································12 四、减少渎职罪发生的对策······················································13 (一)建立相关的监督体系······················································13 (二)完善权力相关结构························································15 (三)规范权力的相关运行机制··················································17 (四)增加渎职犯罪的成本······················································17 五、结论······································································20 参考文献·····································································22 致谢·········································································24 渎职罪若干问题研究 20

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