警察职务犯罪，是当前公安机关执法办案中存在的严重问题。正确认识警察职务犯罪的涵义及其特征，将有助于我们有针对性地采取措施和策略，有效地遏制和预防这一司法腐败现象。警察腐败属于司法腐败的范畴，是司法腐败最严重的表现形式之一，警察腐败又与警察职务犯罪有着紧密的内 在联系。警察职务犯罪，简称为警务犯罪，它是掌握公共权力的警察利用其职权严重违背警察权力宗旨的危害行为。有学者指出：警务犯罪作为一种严重的亵渎职权的行为，是警察职权运作过程中的异化现象。这种异化现象主要表现为某些警察利用维护国家…… 一个侵权行为可以形成数个侵害事实，从而造成多重受害主体的权利损害，其中至少有一个为直接损害，而余为间接损害。间接损害是侵权行为所致间接受害人民事权利的损害，其主要表现形式为财产利益损失、人格（身份）利益损害及精神痛苦。间接受害人应采用法定主体确定，以规范和统一执法。间接损害赔偿责任的构成应以一般侵权民事责任构成为前提，同时具备间接损害赔偿责任的构成，具有双重性的特点。间接受害人的有形财产损失大致可分为五项；其非财产上损失的确定宜以抚慰为基本原则，警示和递减为辅助性原则，从而尽可能解决目前在此类案件认知上的混乱和执法上的随意。
Anshan City Public Security Bureau, a triad, kidnapping extortion frame framed rogue!
Zhou Ji Chen, male, Han nationality, address: Anshan City in Liaoning Province opened a new area铁西Street 110 1-2 unit on the 6th. Tel: 15941270946
Zhou Ji Chen already has a booming fire more than 100 square meters of small restaurants, a four-off is booming fire Xiao Rizi, this hotel is an all-Ji Chen, a veteran weeks of clothing, food, housing, transportation, food , Drink, and Latin America, spreading depend on the daily average of 300 yuan profit of the hotel! This is because the small hotel he finally brought to the disaster, the matter is this:
1991, a long time that the叫张-Ji Chen take the initiative to transfer the right to operate the hotel, the two sides of the legislature by consensus agreements, the subject is: long-invested 45,000 yuan Ming Zhou Ji Chen took over the operation of the hotels and restaurants full of Facilities. Zhang Jiu-ming from 1991 to operate the hotel in this serious loss. Zhang Ming was a long time to find the initiative and voluntary Zhou Ji Chen 30,000 yuan of money then the right to operate the hotel and restaurant facilities transferred to a full-Ji Chen, Zhang Jiu-ming voluntary pay 15,000 yuan Zhou Ji Chen as the loss of these six months, And signed a separate agreement (1992 because of work requirements, Zhou units back to work for nearly a year, the original hotel transfer to others). This matter should have ended, but that their long-lost 15,000 yuan in vain, heart conditions unwilling to find his Gemen the original iron Liaoning Province, Anshan City Public Security Bureau, Hong Ju, Deputy Secretary, Deputy Secretary for Hong Former vice squad vice captain Liu Gang, Liu Gang arrangements Ju Qing Yi, Liu Yu duo to return to this 15,000 yuan of money.
1993-Another Hui also took over the hotel business. July 1994-Ju Qing, Liu Yu Zhou Ji Chen to the hotel without informing the family-the use of Xingju Zhou Ji Chen to the Municipal Public Security Bureau, the Municipal Public Security Bureau of Interpol team of weeks extorting confessions by torture, Wang Sili fight Zhou Ji Chen, forced the surrender of 15,000 yuan of money week to week …… beaten unconscious after the enquiry has been made on transcripts of fingerprint weeks (weeks left so deaf right ear, left brain malformation of the sequels. Because of the hotel Jichen weeks away, the hotel staff are scared off, in the weeks before the release of the hotel housing units have the right to lease the hotel to others, is the Anshan Municipal Public Security Bureau of the Zhou Ji Chen lost the right to use the hotel business, The fact that the hotel caused the collapse.)
Ju Qing Yi, Liu Yu-long that they instructed to write the name of it (the IOU August 20, 2007 Anshan Municipal Public Security Bureau, the Commission for Discipline Inspection has been identified in the files of IOU instead of weeks handwriting!), Into the dossier, Zhang Zhou said the money owed to fraud frame trap-Ji Chen, Zhou and illegal detention of 21 days, but weeks of his brother, brother-in-law after finding that the matter Ju Qing Yi, Liu Yu understanding of the situation, which they said: ” Zhou Ji Chen committed a crime of fraud, your family must pay 15,000 yuan, otherwise, we can not release them. “Zhou’s brother, brother-in-law in the knowledge of circumstances, Couqi of 15,000 yuan in the Municipal Public Security Bureau to the Juqing Yi, Liu Yu duo. Zhou’s brother, brother-in-law to find two receipts, which they said: “You can not give receipts, a receipt to the parties.” Indeed receipt Zhou Ji Chen has not given himself. (Receivables do not give receipts, this is not the use of power? Extortion ) In fact Ju Qing Yi, Liu Yu duo has been using his position to a police extorting confessions by torture, crimes frame trap crimes and the crime of extortion three! In other words, the three committed the crime is the main body of Anshan City Public Security Bureau! Ju Qing Yi, Liu Anshan City Public Security Bureau, more than just the scapegoat! Anshan City Public Security Bureau’s criminal facts to Zhou Ji Chen of the earth, misfortune, the homeless, can not survive, four of the poor living conditions and beggars, now only weeks in Anshan City Public Security Bureau, eat, live.
“Criminal Law” to blackmail the 239th of the property of others for the purpose of the kidnapping, or kidnapping of others as hostages, the more than 10 years of imprisonment or life imprisonment and a fine or confiscation of property; which people were kidnapped or killed by death The kidnapping, the death penalty and confiscation of property.
Elements of the composition of the crime of kidnapping is:
1, this is the object of the crime of violation of the personal rights of others. Because the perpetrators of violence, coercion and other means to others to commit kidnapping, directly endangering the lives and health of victims. In judicial practice, people often act against the threat of the victims, their families forced to deliver a ransom in the kidnapping process, are often victims of abuse, responsibility or even killed; there will be victims of extortion against future property. Others kidnapped legislators will act on violations of civil personal and democratic rights crimes in this chapter, stressed that the personal rights of citizens are protected. This crime is actually the old society is the rampant “kidnap”, after the founding of new China have disappeared in recent years has re-emerged, and the trend of development, great harm to society. In order to effectively punish such crimes, criminal law will introduce legislation for the kidnapping charges alone. Crime is the object “of others.” “Others” including women, children, including women, children, other than the person.
2, objective performance for the use of violence, coercion or other methods, kidnapping of others. “Violence” refers to acts carried out directly on the victims tied up, Duzui, blindfolded, with sacks and other physical force or the victims of injury, assault, and other means of personal attacks. “Coercion” is that the spirit of mandatory implementation of the victims or the victims and their families to implement the threat of violence. “Other means” refers to stress in addition to violence outside of methods, such as drug use, drunkenness, and other methods so that the victim in a coma, and so on. The three criminal means a common feature is that the victims are afraid or can not resist against the state, illegal kidnapping victims leave their home or location, and placed in the act under the direct control of their lost freedom of movement of . The law only requires acts of others who have kidnapped one of the means to constitute the crime.
Police explained the concept of job-related crimes, has to a certain extent, implies a danger of such crime in general. But the police job-related crimes is a specific kind of identity crime, the police do not have the same identity of the perpetrator compared to the harm both in breadth and in depth are not the same.
Police job-related crimes, law enforcement is the current public security organs in handling cases of serious problems. Police duties correctly understand the meaning of crime and its characteristics, will help us in a targeted manner to take measures and strategies to effectively contain and prevent the phenomenon of corruption in the judiciary. Police corruption are the areas of judicial corruption, judicial corruption is the most serious forms of police corruption and related crimes with the police close the inner links. police job-related crimes, referred to as the police crime, it is the police power to control public use of its terms of reference of serious breaches of police powers against purpose of the act. Some scholars have pointed out: police crime as a serious act of desecration of the mandate, terms of reference of the police operation in the process of alienation. Such alienation is mainly used for certain police safeguard national…… can form a number of violations against the facts, resulting in multiple victims the right to damage the main, with at least one for the direct damage, and more than indirect damage. Indirect damage is caused by indirect victims of violations of civil rights of the damage, the main form of loss of property interests, personality (as) the interests of damage and mental suffering. Indirect victims should be the main determining statutory, to regulate law enforcement and unity. Indirect damage liability constitute infringement of civil liability should be a general premise, along with indirect damage liability structure, the characteristics of a double. Indirect victims of tangible property losses can be broadly classified into five; their non-property losses to the determination to soothe the basic principles of alerts and decreasing for the principle of subsidiarity, which, as far as possible solution to the current understanding in such cases the confusion And the arbitrary enforcement.
Indirect damage compensation system constitutes an infringement of copyright compensation system an important component. “That is, have the right to relief,” “there is a damage compensation,” many people of such Fayan familiar, however, when a multiple violations of the right of the main damage, direct access to relief victims in accordance with the law, should be indirect victims Whether it has access to relief “General Principles of Civil Law” does not expressly provides that “the approach road traffic accidents,” “State Compensation Law” and judicial interpretation of some provisions is fragmented and theoretical study of the sector on this issue is not deep, and judicial practice of similar nature The judgement of different cases abound of cases, resulting in confusion and understanding of the law are not unified. Mr. Yang Lixin on the “indirect damages for victims of dependency” theory of inspiration, I believe that in our codification of the Civil Code, established a complete system of indirect damages, practical and far-reaching significance of the double. Based on the personal rights against the perspective of an attempt to indirect damages to the system of judicial practice and theory building to shallow exploration, with a view to arouse concern and contention, and to the Legislative and Judicial useful point of reference.
A violation, resulting in a damaging facts, we call it a single infringement damage or simple infringement damage, in real society, which is a idealized infringement damage; In fact, the show in front of people, more common Multi-infringement damage is also known as complex tort damages. The so-called complex infringement damage is an infringement formed a number of damaging facts, so that the main victims of a number of rights of damage, including at least there must be a direct damage, and more than indirect damage.
Indirect liability for damages should not only have direct victims of human rights, as the consequences of violations of the right, but also have the indirect victims of personal interests, as damage to the interests of the consequences. Damage to the objective fact that there is an infringement of the primary elements of responsibility, constitute indirect liability for damages to the victims of direct human rights violations the right to identity as the prerequisite conditions. There is no direct victims of human rights violations of this right as necessary precondition for the existence, there will be no indirect damages for the right to request a possibility.
Human rights, as rights and interests of damage, damage that is indirect victims of the final outcome, this is a result of direct victims of personal rights have been violated due to its stakeholders with legal personality, identity interests are harmed. Here, the direct infringement damages and indirect consequences of damaging consequences of the ultimate combination of damage reflects the fact that this element of double features.
Anshan City Public Security Bureau’s actions, Zhou Ji Chen alone in the hotel business in direct losses amounted to 1.6425 million yuan on the whole!
We reflect on this case, from the Central Discipline Inspection Commission, the Central Political and Law Commission, Liaoning Provincial Government, the Ministry of Public Security Letters and Visits Office, the Liaoning Provincial Public Security Department, the Anshan municipal government, and so many leaders of the attention, and Anshan City petition urging the Anshan Municipal Public Security Bureau Investigate the case, the Anshan Municipal Public Security Bureau refused to implement the instructions of their superiors to cover up for criminal suspects, the facts justify their criminal! First, Anshan City Public Security Bureau and secretary of the Discipline Inspection Commission, deputy secretary of the Discipline Inspection Commission said the case files lost, its purpose is to cover up and justify Ju Qing Yi, Liu Yu, and other people’s criminal facts. Later, in the face of rogue law does not deal with a pragmatic, not pursue criminal suspects of their crimes and not realistic in accordance with relevant laws and regulations in the weeks Jichen damages! Unscrupulous, to deceive the higher level of fraud, deception victims Zhou Ji Chen, twice refused to implement the Provincial Public Security Department, the handling, so that the case has yet to deal with! Anshan City Public Security Bureau, the case should really not clear up the availability of state Cai Ganxin Anshan City Public Security Bureau acts constitute the crime of obstruction of justice [the crime of obstruction of justice is in violation of the law, use various methods to prejudice the national judiciary proceedings normal activities and undermine national exercise of judicial power, serious acts. “People’s Procuratorate of direct democracy admissibility of violations of civil rights, personal rights and cases of dereliction of duty on file for the provisions of the standard”, with one of the following cases on file for perjury should be prosecuted for criminal liability, (1) acts of perjury enough to make others subject to criminal penalties or Sentenced for minor crimes; (2) acts of perjury enough to make criminals to evade criminal punishment or a felony Qingpan (3) acts of reprisal perjury, false, making the. (4) national staff use of his position, for the destruction of evidence or economic criminals in the manufacture of perjury (5) for perjury acts cause to suicide or mental disorders (6) perjury resulting from other serious consequences. ] Should be held criminally responsible in accordance with the law.
We reflect on this case has aroused when the governor Zhang Wenyue of Liaoning Province, Anshan City Mayor Li Gu Chunde, leading a high degree of attention, then-governor of Liaoning Province Zhang Wenyue personally Group on Political and Law Commission held a ” Preventing job-related crimes, “the special meeting and ordered the city of Anshan in the case severely punished, the mayor of Anshan Gu Chunde Li personally supervise the handling of the case, in this week Jichen very grateful to the then governor of Liaoning Province (now secretary of the provincial party committee) Zhang Yue comrades and the mayor of Anshan City Comrade Spring Valley, grateful to the two leaders in taking the matter to attention and say, but the Anshan Municipal Public Security Bureau and secretary of Commission for Discipline Inspection, the new Hong Yang, deputy secretary of the Discipline Inspection Commission Ya Wu Jiudeng cadres have once again shielded , Defended the police’s guilt. January 25, 2008 in Hong Yang Zhou Ji Chen’s office found a new Yang, Yang Hong weeks of the new vicious Jichen said: “You find a solution to the mayor! I do not receive you!” So far this case has not yet Get a reasonable solution, the provincial party secretary Zhang Wenyue, Anshan City Mayor Li-Chun of concern, Anshan City Public Security Bureau on May 16, 2008 has admitted that all the errors (Note: the Anshan Municipal Public Security Bureau who得不Is wrong and should be a crime!), However, that it did not solve the problem of attitude and sincerity, once again shielded, defended Ju Qing Yi, Liu Yu, and other people’s criminal facts, in particular the question of compensation, absolve responsibility , Evade the trap frame, illegal detention as a wrong grasp; extortion as the seizure, (only agreed to a slightest compensation, that is just symbolic of the money, but so far not lose anything!) , According to the “State Compensation Law,” the relevant provisions. Zhou Ji Chen again had to endure police duties criminal acts of infringement. Zhou Ji Chen and the aspirations of the hotel only seek compensation for loss of 730,000 yuan for the future of life intend to do, and to his right ear hearing loss, bone deformity of the left brain of the aftermath of tolerance can not even hold. He is a little bit so can not meet the demands, the Anshan Municipal Public Security Bureau did not hope that this is the case in previous Olympic Games so that the world’s people are aware !
Comprehensive on appeal, Zhou Ji Chen will not tolerate criminal acts of infringement police duties, not to put up with long-term compensation for the enormous grief and indignation of a heavy blow, but also had to endure police duties criminal acts of infringement mixed secondary infringement, the re-Malfeasance For the harm and violations, Whitty with Fupen of reprisal, full reimbursement of all kinds of infringement of corruption and dereliction of duty injury, Driven, it can request the relevant leading Jiwuruchou, Jizhuoyangqing to Zhou Ji Chen Ji of adversity, to have mercy on the people moving down , Ceyin feelings, to Zhou Ji Chen extended a warm hand, Zhou Ji Chen was one of Yu Shuihuo.
Zhou Ji Chen helpless once again in Beijing can only take the long road of the higher authorities safeguard their rights!