基于期望理論的低級(jí)別公職人員非法資產(chǎn)處置分析
發(fā)布時(shí)間：2019-06-02 18:24
【摘要】：近年來，低級(jí)別不法公職人員經(jīng)濟(jì)犯罪已然成為腐敗案件的頻發(fā)領(lǐng)域，他們雖然職務(wù)不高，權(quán)力不大，但是人數(shù)較多，且與基層群眾的生活緊密相聯(lián)，因此這些人的不法行為給社會(huì)帶來的影響更為直接、也更為直觀。然而，由于基層管理制度的缺陷以及低級(jí)別公職人員經(jīng)濟(jì)犯罪的特點(diǎn)導(dǎo)致他們的犯罪行為不易被執(zhí)法機(jī)關(guān)發(fā)現(xiàn)。因此，研究低級(jí)別公職人員經(jīng)濟(jì)犯罪，探索和分析低級(jí)別公職人員非法資產(chǎn)處置特點(diǎn)，并有針對(duì)性的提出遏制“蟻貪”犯罪的對(duì)策方法，對(duì)于深入貫徹黨的十八大精神，開展反腐敗斗爭工作具有重要的意義。 本文主要從經(jīng)濟(jì)學(xué)角度出發(fā)，分別從低級(jí)別公職人員非法資產(chǎn)處置方式特點(diǎn)、犯罪過程的心理、行為特征以及非法資產(chǎn)處置路徑三個(gè)方面著手研究，主要內(nèi)容歸納如下： 首先，通過對(duì)2008-2010年兩個(gè)地級(jí)市人民法院判決的530名低級(jí)別不法公職人員的犯罪情況實(shí)地調(diào)查和數(shù)據(jù)分析，發(fā)現(xiàn)了低級(jí)別公職人員處置非法資產(chǎn)的主要方式分別是消費(fèi)、投資、存入銀行，即通常會(huì)選擇簡單、低層次、大眾化的處置方式。采用這些處置方式主要有三個(gè)原因，一是交際圈層次低，二是利益相關(guān)人少，三是自身掩蓋手段和能力不足。在總結(jié)已有研究的基礎(chǔ)上，文章對(duì)低級(jí)別公職人員非法資產(chǎn)處置類型進(jìn)行了重構(gòu)。 其次，在分析典型案例的基礎(chǔ)上，分別對(duì)低級(jí)別公職人員上游斂財(cái)和下游資產(chǎn)處置的行為過程進(jìn)行了剖析，認(rèn)為低級(jí)別公職人員犯罪心理是一個(gè)循序漸進(jìn)的過程；借助成本分析法分析，得出斂財(cái)環(huán)節(jié)可分為三個(gè)階段：以恐懼矛盾心理為主導(dǎo)的初始階段、以貪婪自傲為主導(dǎo)的猖狂階段和以追求精神收益為主的轉(zhuǎn)折階段；通過期望效用分析，得出非法資產(chǎn)處置環(huán)節(jié)的三個(gè)階段：從幾乎不考慮資產(chǎn)處置的初始階段到開始有安全需求選擇資產(chǎn)處置的轉(zhuǎn)折階段，再到為追求更高層次的需求而大量處置資產(chǎn)的高峰階段。 再次，同樣在分析典型案例的基礎(chǔ)上，運(yùn)用風(fēng)險(xiǎn)效用理論，，構(gòu)建出風(fēng)險(xiǎn)成本約束下的低級(jí)別公職人員非法資產(chǎn)處置路徑，得出三個(gè)結(jié)論：一是低級(jí)別不法公職人員的處置環(huán)節(jié)及次數(shù)要低于高級(jí)別不法公職人員；二是低級(jí)別不法公職人員處置非法資產(chǎn)時(shí)，如果處置的環(huán)節(jié)較少，雖然付出的風(fēng)險(xiǎn)成本較低，但是非法資產(chǎn)并不“安全”，其效用也較小。相反，如果處置的環(huán)節(jié)過多，雖然非法資產(chǎn)是越來越安全，但由于付出的風(fēng)險(xiǎn)成本過大，效用也會(huì)減少；三是在風(fēng)險(xiǎn)成本很高的條件下，低級(jí)別公職人員會(huì)以較少環(huán)節(jié)結(jié)束處置過程，不會(huì)為了過多的安全而去無限次的進(jìn)行處置。 最后，通過非法資產(chǎn)處置方式特點(diǎn)、犯罪過程的心理、行為特征以及非法資產(chǎn)處置的路徑，提出防范低級(jí)別不法公職人員下游犯罪的對(duì)策及建議，希望在防范的重點(diǎn)領(lǐng)域以及偵測方法方面為相關(guān)執(zhí)法機(jī)構(gòu)提供決策支持。
[Abstract]:In recent years, economic crimes committed by low-level illegal public officials have become a frequent field of corruption cases. Although their posts are not high and their powers are small, they have a large number of people and are closely related to the lives of the grassroots. Therefore, the illegal behavior of these people has a more direct and intuitive impact on the society. However, due to the defects of the grass-roots management system and the characteristics of economic crimes of low-level public officials, their criminal behavior is not easy to be detected by law enforcement agencies. Therefore, to study the economic crime of low-level public officials, to explore and analyze the characteristics of the disposal of illegal assets of low-level public officials, and to put forward targeted countermeasures to curb the crime of "ant greed", in order to thoroughly implement the spirit of the 18th National Congress of the Communist Party of China (CPC), It is of great significance to carry out the fight against corruption. From the point of view of economics, this paper studies the characteristics of illegal assets disposal of low-level public officials, the psychology of criminal process, the characteristics of behavior and the path of illegal assets disposal. The main contents are summarized as follows: first of all, through the field investigation and data analysis of 530 low-level illegal public officials sentenced by the people's courts of two prefectural cities from 2008 to 2010, It is found that the main ways for low-level public officials to dispose of illegal assets are consumption, investment and deposit in banks, that is, simple, low-level and popular disposal methods are usually chosen. There are three main reasons for adopting these disposal methods, one is the low level of communication circle, the other is the lack of stakeholders, and the third is the lack of self-concealment means and ability. On the basis of summing up the existing research, this paper reconstructs the types of illegal asset disposal of low-level public officials. Secondly, on the basis of analyzing typical cases, this paper analyzes the behavior process of upstream wealth accumulation and downstream asset disposal of low-level public officials, and holds that the criminal psychology of low-level public officials is a gradual and orderly process. With the help of cost analysis, it is concluded that the link of enrichment can be divided into three stages: the initial stage dominated by fear and contradiction, the rampant stage dominated by greed and pride, and the turning stage dominated by the pursuit of spiritual benefits. Through the expected utility analysis, it is concluded that there are three stages of illegal asset disposal: from the initial stage of asset disposal with little consideration to the turning stage of choosing asset disposal with security needs. To the peak stage of massive disposal of assets in pursuit of higher levels of demand. Thirdly, on the basis of analyzing typical cases, using the theory of risk utility, this paper constructs the disposal path of illegal assets of low-level public officials under the constraint of risk cost. Three conclusions are drawn: first, the disposal link and frequency of low-level illegal public officials should be lower than that of high-level illegal public officials; Second, when low-level illegal public officials dispose of illegal assets, if there are fewer links to dispose of illegal assets, although the risk cost paid is lower, but the illegal assets are not "safe" and their effectiveness is less. On the contrary, if there are too many links to dispose of, although the illegal assets are becoming safer and safer, the utility will also be reduced because of the excessive risk cost paid. Third, under the condition of high risk cost, the low-level public officials will end the disposal process with fewer links, and will not go to the disposal for too many times for the sake of too much safety. Finally, through the characteristics of illegal assets disposal, the psychological and behavioral characteristics of the criminal process and the path of illegal asset disposal, this paper puts forward some countermeasures and suggestions to prevent the downstream crimes of low-level illegal public officials. I hope to provide decision support to relevant law enforcement agencies in the key areas of prevention and detection methods.
【學(xué)位授予單位】：太原科技大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2013
【分類號(hào)】：D924.393
本文編號(hào)：2491331
[Abstract]:In recent years, economic crimes committed by low-level illegal public officials have become a frequent field of corruption cases. Although their posts are not high and their powers are small, they have a large number of people and are closely related to the lives of the grassroots. Therefore, the illegal behavior of these people has a more direct and intuitive impact on the society. However, due to the defects of the grass-roots management system and the characteristics of economic crimes of low-level public officials, their criminal behavior is not easy to be detected by law enforcement agencies. Therefore, to study the economic crime of low-level public officials, to explore and analyze the characteristics of the disposal of illegal assets of low-level public officials, and to put forward targeted countermeasures to curb the crime of "ant greed", in order to thoroughly implement the spirit of the 18th National Congress of the Communist Party of China (CPC), It is of great significance to carry out the fight against corruption. From the point of view of economics, this paper studies the characteristics of illegal assets disposal of low-level public officials, the psychology of criminal process, the characteristics of behavior and the path of illegal assets disposal. The main contents are summarized as follows: first of all, through the field investigation and data analysis of 530 low-level illegal public officials sentenced by the people's courts of two prefectural cities from 2008 to 2010, It is found that the main ways for low-level public officials to dispose of illegal assets are consumption, investment and deposit in banks, that is, simple, low-level and popular disposal methods are usually chosen. There are three main reasons for adopting these disposal methods, one is the low level of communication circle, the other is the lack of stakeholders, and the third is the lack of self-concealment means and ability. On the basis of summing up the existing research, this paper reconstructs the types of illegal asset disposal of low-level public officials. Secondly, on the basis of analyzing typical cases, this paper analyzes the behavior process of upstream wealth accumulation and downstream asset disposal of low-level public officials, and holds that the criminal psychology of low-level public officials is a gradual and orderly process. With the help of cost analysis, it is concluded that the link of enrichment can be divided into three stages: the initial stage dominated by fear and contradiction, the rampant stage dominated by greed and pride, and the turning stage dominated by the pursuit of spiritual benefits. Through the expected utility analysis, it is concluded that there are three stages of illegal asset disposal: from the initial stage of asset disposal with little consideration to the turning stage of choosing asset disposal with security needs. To the peak stage of massive disposal of assets in pursuit of higher levels of demand. Thirdly, on the basis of analyzing typical cases, using the theory of risk utility, this paper constructs the disposal path of illegal assets of low-level public officials under the constraint of risk cost. Three conclusions are drawn: first, the disposal link and frequency of low-level illegal public officials should be lower than that of high-level illegal public officials; Second, when low-level illegal public officials dispose of illegal assets, if there are fewer links to dispose of illegal assets, although the risk cost paid is lower, but the illegal assets are not "safe" and their effectiveness is less. On the contrary, if there are too many links to dispose of, although the illegal assets are becoming safer and safer, the utility will also be reduced because of the excessive risk cost paid. Third, under the condition of high risk cost, the low-level public officials will end the disposal process with fewer links, and will not go to the disposal for too many times for the sake of too much safety. Finally, through the characteristics of illegal assets disposal, the psychological and behavioral characteristics of the criminal process and the path of illegal asset disposal, this paper puts forward some countermeasures and suggestions to prevent the downstream crimes of low-level illegal public officials. I hope to provide decision support to relevant law enforcement agencies in the key areas of prevention and detection methods.
【學(xué)位授予單位】：太原科技大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2013
【分類號(hào)】：D924.393
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