Prevention of duty crime

Author: Zhou Zhou
Publisher:
Publish Date: 2004-01-01
Features: The prevention of duty-related crimes has been a key focus for procuratorial organs in recent years. Under the unified and correct leadership of the Supreme People's Procuratorate, procuratorial organs across the country have earnestly implemented the central government's principles of tackling corruption at its source and adopting a comprehensive approach. While actively investigating cases of duty-related crimes in accordance with the law, they have vigorously carried out prevention work, striving to establish and improve mechanisms for the prevention of duty-related crimes that are characteristic of China's procuratorial system. This has contributed to forming a comprehensive framework for social prevention of duty-related crimes. Under the unified and correct leadership of the Party committee and the supervision of the People's Congress, with the support of government departments and the participation of the broad masses of the people, procuratorial organs have continuously strengthened and standardized prevention work around their functions, combining it with the investigation of duty-related crime cases. Prevention work has continuously developed and deepened, with increasing levels of socialization, standardization, legalization, and professionalism, achieving better legal, social, and political outcomes. Many successful experiences have been explored.
Procuratorial organs are specialized agencies for legal supervision, and the prevention of duty-related crimes is an inherent part of legal supervision. It is also a crucial aspect and manifestation of the full play of the procuratorial organs' legal supervisory functions. The task of strengthening legal supervisory functions is to ensure the unified implementation of the law, with the core being to prevent non-compliance with the law and lax enforcement. The purpose is to encourage citizens to abide by and protect the law and to ensure that state officials exercise power in accordance with the law. The prevention of duty-related crimes based on legal supervision is an authorized preventive measure. Legal supervision serves as both the foundation for the prevention of duty-related crimes by procuratorial organs and a distinctive and advantageous feature. The essence of legal supervision is to prevent violations, and it should not be limited to post-event correction. Pre-event prevention is an inherent part of legal supervision. Only by organically integrating pre-event, mid-event, and post-event supervision can the best results of legal supervision be achieved.
The prevention of duty-related crimes is a natural extension of the legal supervisory functions of procuratorial organs. It is an effective attempt to supervise legal practices outside the litigation process, a full and effective utilization of the resources of procuratorial organs, and a new path explored by procuratorial organs to strengthen their legal supervisory functions. Strengthening the prevention of duty-related crimes by procuratorial organs is conducive to better fulfilling their functions, better serving the "top priority" of development, better promoting and safeguarding fairness and justice in the whole society, and creating a favorable legal environment for the well-rounded construction of a moderately prosperous society.
Zhou Zhou and (Teng Zhiqiang) of the Sichuan Provincial Procuratorate have written the book "Prevention of Duty-Related Crimes," which provides a relatively comprehensive exploration of the topic and has certain distinctive features. The introductory section systematically introduces the development history and formation process of the prevention of duty-related crimes, its theoretical foundation and policy and legal basis, guiding ideas and basic principles, mechanisms and operational models, as well as procuratorial prevention and legislative considerations. The analytical section discusses the prevention of duty-related crimes in various sectors and systems, including government agencies, state-owned enterprises, financial departments, the construction sector, judicial organs, tax authorities, industrial and commercial departments, customs, the pharmaceutical industry, the education and science and technology sector, grassroots organizations, and the Western Development Drive.
This monograph breaks new ground and offers innovative insights in many aspects. For example, it proposes the "three-stage theory" for the development of the prevention of duty-related crimes, summarizes and generalizes the "ten application models" of the prevention of duty-related crimes by procuratorial organs across the country, analyzes China's prevention of duty-related crimes within the global anti-corruption framework, and proposes scientific justifications for it, offering readers a fresh perspective. The authors have been engaged in procuratorial work for many years and possess certain practical experience. They pay attention to linking theory with practice and are diligent in reflection and summary. With a spirit of research, they have made beneficial explorations into relevant theoretical and practical issues of the prevention of duty-related crimes, striving for a systematic and practical approach with certain guidance and operability. It is believed that this book will have certain reference value for the prevention of duty-related crimes.
Written at the invitation of the author, this preface is hereby presented.
Ding Dali (Jing Dali), Director of the Department of Prevention of Duty-Related Crimes, Supreme People's Procuratorate
September 2003