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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
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