新形势下对渎职犯罪成因及对策的深层次分析本科论文.doc

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