How do grass-roots procuratorial organs do a good job in preventing job-related crimes

Henan Province Duty Crime Prevention Network reported that duty crime prevention is to mobilize all positive factors of society, use various means, take socialized and professional preventive measures, and limit the reasons and conditions for state staff to use their positions to commit crimes, so as to prevent, contain and reduce the occurrence of duty crimes. Is to prevent in advance, that is, China ancient "nip in the bud". Because there are many reasons leading to duty crimes, it is necessary to treat both the symptoms and the root causes, comprehensively manage and take a multi-pronged approach to prevent duty crimes. According to the author's many years' experience in procuratorial organs 10, the author thinks that the prevention of duty crimes should be carried out in the following aspects: First, the prevention of duty crimes should be brought into the overall pattern of the anti-corruption struggle of the party Committee and government. In the work of preventing duty crimes, it is the responsibility of all state organs, enterprises and institutions, social organizations and mass organizations of the party to prevent duty crimes. It is limited to rely solely on procuratorial departments to carry out prevention, the intensity of prevention is pale, and the preventive effect is weak. The prevention of duty crime is a complex social system project, which needs to mobilize all social forces and take comprehensive measures such as politics, economy, education, administration and law under the unified leadership of party committees at all levels. The key to preventing duty crimes lies in leading cadres, especially the "top leaders" of the party and government, and the foothold is to govern officials according to law. In the work of preventing duty crimes, we should focus on the "general project" of preventing duty crimes on the basis of bringing the work of preventing duty crimes into the overall pattern of building a clean and honest party style, so that the "top leaders" of the party and government can effectively shoulder the responsibility of preventing duty crimes. In order to ensure that the "top leaders" of the party and government not only set an example of diligent and honest government, but also earnestly fulfill the responsibility of the first person responsible for preventing duty crimes, do a good job, take good responsibility and make a good start, we should take practical measures to implement the responsibility. The first is to strengthen the awareness of prevention. The awareness of the top leaders of the Party and government to prevent job-related crimes is the basis and prerequisite for the smooth development of job-related crime prevention. Only when the "top leaders" of the party and government have established a relatively solid consciousness of preventing duty crimes can the work of preventing duty crimes be put on the agenda, and it can be grasped, planned, deployed and implemented together with professional work, otherwise it will not be carried out smoothly and effectively. The second is to strengthen the sense of responsibility. At the beginning of each year, leading groups for the prevention of duty crimes at all levels should sign a letter of responsibility for the prevention of duty crimes with the "top leaders" of the party and government departments and units under their jurisdiction, and clarify the objectives, tasks and work responsibilities for the prevention of duty crimes. The third is to strengthen regulatory measures. The "top leaders" of the party and government should regularly report to the leading group for the prevention of duty crimes at the corresponding level on the development of the work of preventing duty crimes, the implementation of the target responsibility book and their own clean government, and consciously accept supervision and restriction. The fourth is to strengthen accountability. If a major and influential duty crime case occurs in this department or unit, in addition to investigating the parties and punishing them in the assessment of duty crime prevention, the leadership responsibility of the "top leaders" of the party and government should be seriously investigated according to discipline and law until discipline and legal responsibility are investigated. Second, it is necessary to strengthen education and publicity, and enhance the self-restraint ability of national public officials. Education is the basis of preventing duty crimes. Public officials, especially leading cadres, must be based on education, focus on prevention, improve ideological and moral quality, and build a strong ideological defense line against corruption and change. It is necessary to carry out in-depth study and education on the prevention of duty crimes, constantly improve the legal quality of public officials, and let them consciously learn the law and abide by the law. In terms of educational content, we should strengthen education from four aspects: 1, strengthening legal education and improving the legal awareness of state public officials. It is necessary to strengthen legal education, so that cadres and workers can fully feel the sanctity and solemnity of the law, so that potential criminals can fully feel the deterrent power of the law, recognize criminal acts and their inevitable legal consequences, strictly abide by the law, be loyal to their duties, and avoid violating the provisions of the criminal law. Let our staff learn more about legal knowledge, especially about duty crimes in criminal law, that is, what are the crimes of corruption, misappropriation of public funds, bribery, embezzlement, misappropriation of funds and commercial bribery, so as to understand under what circumstances it constitutes a duty crime, which can increase the ability to distinguish crimes from non-crimes, which is beneficial to our cadres in their work. 2. Strengthen professional ethics education and enhance the political and moral awareness of public officials. To effectively prevent job-related crimes, it is necessary to correct the workers' thoughts, advocate political ethics, improve their comprehensive quality, arm their thoughts with * * * production ethics, and cultivate their noble ideological and moral character and selfless excellent quality, which is an effective measure to fundamentally prevent all kinds of job-related crimes. Our cadres should strive to be "strict with self-discipline, modest in Xiu De, prudent in using power, and honest in governing". Being strict means being strict with yourself, being strict with yourself, and being "innocent outside, innocent inside". Xiu De's modesty means keeping a good attitude and a clear head in front of achievements and honors. Careful use of power is to firmly establish a correct view of power. We must understand the nature of the power in our hands. Only by understanding this can we treat and use the power in our hands correctly. Integrity means adhering to integrity, being clean and honest, and being upright. If we can achieve the above state, there will be no fixed psychology, speculative psychology, conceit psychology, imitation psychology, responsibility diffusion psychology, psychological psychological compensation and credit psychology, so external duty crimes without internal driving force will naturally not occur. 3. Keep a balance of mind and don't blindly compare. Nowadays, there are many unbalanced things in life, which are found in every unit and everyone. Many staff members who violate the law and commit crimes always try to find out their unbalanced psychology through crooked ways when they encounter unsatisfactory things, and as a result, they go astray. Therefore, we should help employees learn to be independent and self-reliant and achieve psychological balance. Keep a balanced attitude and don't blindly compare with others. 4. Educate employees to avoid fluky psychology. Because there is no windtight wall in the world, if people don't know, no matter how deeply criminals hide and how cleverly they disguise themselves, they will eventually be exposed. Third, strengthen system construction and standardize the use of power. Practice has proved that the essence of duty crime is the abuse and misuse of power. To prevent the abuse and misuse of power, the most fundamental and reliable thing is to strengthen the supervision and restriction of power. Power without supervision is easy to breed corruption. "Absolute power, absolute corruption" has become a universally recognized truth. This is because "the essence of state power, the integrity and dedication of state staff's job activities, and relying solely on personal morality as a guarantee are fragile." What is solid and reliable should be the operation of state power and a complete and effective supervision system for the post activities of state staff. To prevent job-related crimes from the source, we must strengthen the system construction, standardize and institutionalize the exercise of power, move forward the barrier, prevent and implement, and standardize the behavior, and finally eradicate the soil that breeds job-related crimes. The first is to grasp the system construction. The system construction should be all-directional, three-dimensional and systematic, instead of emphasizing "one-on-one", we should pay attention to the coordination and unity of the system to enhance its scientificity, pertinence and effectiveness. As far as the prevention of duty crimes is concerned, local party committees and governments at all levels should improve and perfect a series of systems, such as strict government procurement system, cadre selection and appointment system, project bidding system, inspection system for leading cadres and publicity system before appointment, audit system during and after appointment, annual examination system of units, building a clean and honest party style, and publicity system for government affairs and factory affairs. The "Regulations on the Prevention of Duty Crimes in Heshan District" was formulated to promote the institutionalization and standardization of the prevention of duty crimes in the jurisdiction. According to the Supreme People's Procuratorate's "Decision on Further Strengthening the Prevention of Duty Crimes", combined with the actual situation of the jurisdiction, the feasible "Regulations on the Prevention of Duty Crimes in Heshan District" was formulated, and all units in the jurisdiction were organized to study hard, and the learning situation was put on record in time. This provision defines the leadership system and working mechanism of unified leadership by the Party committee, unified management by the Party and the government, with each department taking its own responsibilities, organization and coordination by the procuratorate, and relying on the support and participation of the people, which provides political and organizational guarantee for the professional and standardized development of job-related crime prevention in the whole region. Second, we must pay close attention to system implementation. If the system is not implemented, it will be a dead letter. Only by strictly following it and becoming the norm of official activities and behavior of public servants can it be binding and effective. To implement the system, we should pay attention to both the big and the small. In particular, we should pay attention to "early" and "small", correct the signs in time, deal with problems in time, and punish serious violators to reflect the seriousness and authority of the system and give play to its deterrent and binding force. Third, we should pay attention to supervision and restriction. Efforts should be made to strengthen the supervision and restriction of leading cadres. Where the power of leading cadres is exercised, the supervision and restriction are exercised, and the prevention of duty crimes is carried out, leaving no blank areas. Fourth, we should earnestly improve the internal management system. The perfection and practical implementation of the internal management system is the key to prevent duty crimes. All units and departments should formulate and improve various decision-making systems, work systems, cadre selection and appointment assessment systems, financial management systems, administrative logistics management systems, physical procurement systems and major accountability systems according to the actual work and business characteristics, so as to cover all aspects, plug all kinds of loopholes and prevent the occurrence of duty crimes. The supervision and restriction mechanism of "Heshan characteristics" to prevent duty crimes has been established, and a socialized prevention network has been formed. Creatively established "village account township control", "accountant appointment system" and "supervision joint responsibility system", which became the important content of Hebi's "ten systems" for preventing duty crimes and was praised as "Heshan characteristics" by the procuratorate daily. CCTV 7 broadcast the experience of "village account and township management" in our district, which made an important contribution to the prevention of duty crimes in the city. In order to consolidate and develop "Heshan characteristics", in the past three years, "Heshan District Network Information Database for Prevention of Duty Crimes", "Administrative Law Enforcement Punishment Case Database" and "Member Unit Prevention Database" have been established successively. The experience of "Heshan district duty crime prevention network information base and administrative law enforcement punishment case data information base" was promoted by the provincial procuratorate. Fourth, we should increase the punishment of duty crimes in order to combat and promote prevention. Although prevention is the fundamental measure to solve duty crimes, it is by no means omnipotent, and even extremely broad and weak in some cases. Only by relying on the strongest hand to crack down on this punishment can we shock and alert those who have the intention and luck of duty crimes, and can we urge people to pay attention to and do a good job in preventing duty crimes. Therefore, the premise of combining attack and defense and treating both the symptoms and the root causes must be to open the way to attack and promote prevention, which is the driving force for implementing the palliative project. The focus of the palliative project is to comprehensively intensify the crackdown on duty crimes, severely punish duty criminals according to law, and enhance the deterrent force of the crackdown. First, we must strictly and fairly enforce the law. In order to correct the phenomenon of combining leniency with severity in law enforcement, as long as the clues of duty crimes are found, they must be verified. As long as there is a duty crime, regardless of the position, we must check it out. It is necessary to show the confidence and determination of the party and the government in fighting corruption and promoting honesty and eradicating corruption with the new achievements in investigating and handling duty crimes. Second, earnestly carry out the activities of "standardizing law enforcement and promoting justice in law enforcement" and handle cases in strict accordance with the law and in a civilized manner. To investigate and crack down on duty crimes, we must handle cases in strict accordance with the criminal law, the Criminal Procedure Law and other criminal laws and relevant policies and regulations, improve the level of handling cases, ensure that the facts are clear, the evidence is sufficient, the nature is accurate, the handling is appropriate and the procedures are legal, and make each case an ironclad case that can stand the test of history, satisfy the party and the people and convince the parties. The third is to improve the detection rate of cases and reduce the "black number" of duty crimes in state organs. Judicial organs should pay attention to improving the level of investigation, strive to break through the anti-investigation barriers set by criminals, and dispel the lucky psychology of criminals. The fourth is to improve the timeliness of punishment. Because it is difficult to obtain evidence of duty crime cases, involving a wide range, and the social network of criminals is complex, the process from filing a case for investigation to conviction and sentencing of criminals in a state organ is often too long, which makes criminals unable to be punished in time and insensitive to the corresponding relationship between "crime and punishment", thus reducing the punishment function and deterrent effect of punishment. The fifth is to increase public exposure. Major cases should be exposed in time, on the one hand, accept the supervision of the masses on handling cases and give them the right to know; On the other hand, let public officials, especially leading cadres, take warning education and receive the effect of punishing one as an example. Five, "crossing the river by feeling the stones", and constantly promote the innovative development of duty crime prevention. Preventing duty crimes is a brand-new job. After nearly ten years of exploration, measures and methods such as systematic prevention, synchronous prevention, special prevention and key prevention have been formed, but there are no laws and regulations to follow, and everything is constantly being explored. To promote the development of duty crime prevention, first, we should practice boldly. According to the characteristics of different industries, fields, different types of public officials and different ranks of public officials, we should boldly take different preventive measures and methods and constantly accumulate preventive experience and lessons. The second is to strengthen investigation and research. It is necessary to comprehensively and systematically summarize the experience of prevention work, provide measures and methods to support the work, and then gradually form a more scientific evaluation standard. Third, the state should strengthen the legislation of preventing duty crimes and turn the experience of preventing duty crimes into law, so as to guide and standardize the work of preventing duty crimes and solve many practical problems in the work of preventing duty crimes.