浅析当前经济犯罪呈现的新特点及经侦部门打防对策

                                                                 阿荣旗公安局

马克思主义历史唯物论认为:犯罪是一定的物质生产方式产生的利益和需要的表现,是伴随私有制、阶级、国家的出现而出现的历史现象。经济犯罪是古老而最早的犯罪。在原始社会末期,随着生产力的发展和剩余产品的出现,少数人占有剩余产品,开始产生经济犯罪。人类进入阶级社会以后,其他犯罪开始出现,侵财型的经济犯罪逐渐增多。随着生产力的高度发展,社会文明进步,人们多层次、多方位的需求,部份人欲壑难填和不劳而获而诱发新的经济犯罪。随着阿荣旗近年来经济跨越式发展,现阶段和其他地区一样,在市场经济领域,出现了经济犯罪的频发、高发的势头,与其他刑事犯罪比,有其自身特点。

一是犯罪罪种增多,侵害面广。

随着经济生活领域广泛,经济环节增多,经济犯罪罪种也随之增多,侵害的客体也增多。目前在商品生产、流通、消费的各个环节,比如公司、企业、金融、保险、税收征管、购销合同、票据等各个社会经济活动领域,都有经济犯罪案件发生,数量呈逐年上升趋势。

二是隐蔽性强,预谋性强。

经济犯罪案有“隐形犯罪”之称。经济犯罪大多数都是犯罪行为人通过精心设计,采用伪装、隐蔽帐目、移花接木等手段,千方百计隐瞒事实真相,欺上瞒下,使其犯罪行为不易暴露。有的犯罪过程长达数年或更长的时间,等到罪行败露的时候,国家和集体的资财已遭受严重损失。

三是作案手段专业化、智能化。

经济犯罪嫌疑人大多受过良好教育,具有一定的金融、财税、贸易和会计、法律等方面的专门知识,具有长期从事经贸活动的经验。他们往往利用自己的专业知识和智慧,在熟悉的经济业务领域中进行犯罪。许多犯罪行为人都有合法的经济活动身份作掩护。许多犯罪行为人在犯罪前事先经过周密的部署,犯罪中行动诡秘,不留痕迹,案发后应变能力强,使侦查机关不容易突破。

四是社会破坏性、腐败伴生性。

经济犯罪数额越来越大,动辄几万、几十万、甚至上百万地侵占国家社会财物。如巨额诈骗、侵占挪用国有资产等经济罪案,直接侵害公民个人利益,危害面广。这些案件对社会具有较大的破坏性,严重危害经济秩序和社会稳定。同时,经济犯罪涉及面广,往往一个大要案件发生,其背后就与党政机关工作人员,甚至较高层次的领导有某些方面的联系,与党政机关腐败、公务人员的贪污、社会不良风气相纠缠,有的经济犯罪分子以金钱开路编织关系网,寻找保护伞,有的内外勾结,权钱交易,经济犯罪成为滋生腐败的温床

五是技术含量高,侦破难度大。

随着科学技术的快速发展,经济领域许多行业实行了计算机管理,给社会公众提供了方便,为发展经济创造了有利条件。但是,一些作案分子利用高科技手段,更加快速,更加便捷地盗窃、诈骗国家和人民群众的大量资财。

近几年来,阿荣旗公安机关经侦部门在打击经济犯罪,维护社会主义经济秩序中认真履行法定职责,相继破获了一大批经济犯罪案件,依法严惩了一大批经济犯罪分子,为国家、集体和人民群众挽回了巨大的经济损失,取得了许多令人鼓舞的辉煌战绩,受到各级领导和社会各界的高度评价,为阿荣旗经济建设作出了应有的贡献。但是,随着经济犯罪的作案手段也在不断更新,技术水平也在不断提升,犯罪数量一直居高不下,经济犯罪的多样性和复杂性越来越明显,加上在经侦执法实际工作中遇到的困难和问题,严重地制约着打击经济犯罪的力度。现结合实际,就如何面对当前阿荣旗经济犯罪的新特点提出以下打防对策:

一、夯实经侦工作基础,提高防控和打击能力;

多年来的经侦工作实践证明,经侦情报信息工作是经侦工作的基础性、支撑性业务,在经侦工作中起着先导的作用,是发现、控制和打击经济犯罪的手段之一。因此,经侦部门要树立情报导侦观念,大力加强经侦情报信息资料建设,广泛开辟信息渠道,尽力收集高质量、深层次的犯罪信息。要与各行政执法、经济运行、经济主管部门加强合作,强化公安机关内部各警种的协作,通过侦办案件开展阵地控制等多个渠道广泛收集、汇总各种情报信息。要全面掌握辖区内的公司、企业及法定代表人的工商注册、纳税情况和经济活动等情报资料,重点加强对违法犯罪嫌疑人员资料的积累和管理。通过对搜集、掌握的情报资料的分析、研判,及时发现、控制和打击经济犯罪。

二、建立打击经济犯罪预警机制,做到先发制效;

预警机制是发现经济犯罪的重要途径。公安机关要逐步建立科学、规范、高效的经济犯罪监测系统,通过对经济犯罪形势的分析和对各种经济犯罪情报信息的监控、预测,增强对经济犯罪的预见能力,及时向有关部门发出预警信息。实践证明,这种方法针对性强,效果明显。。近几年来,我们多是依靠事先制定的预警机制,做到目标明确,思想清晰,措施果断,效果明显,始终掌握斗争主动权。

三、建立打击经济犯罪的防控机制,有效控制经济犯罪;

防控机制就是要在已经掌握的经济犯罪预警信息的基础上,通过对经济犯罪形势,发展趋势做出准确判断,依靠社会的力量,及时采取各种有效措施,预防和打击经济犯罪。一要建立经济犯罪情况通报制度。经侦部门对有可能影响社会稳定、经济安全的苗头性的经济犯罪,要及时向旗委、旗政府报告,为旗党委、旗政府决策提供参政。对有关部门及企业存在的容易造成经济犯罪的漏洞和薄弱环节,一经发现,要立即提请相关部门加以改进。对多发现、严重影响公众利益的经济犯罪案件,要通过新闻发布会等形式,及时向社会披露,提高公众对经济犯罪的认识,减少经济犯罪的发生。二要强化经济犯罪的宣传预防工作。经侦部门应积极配合有关部门,通过新闻媒体、举办法制讲座、印发各种宣传手册等形式,广泛宣传整顿规范市场经济秩序和打击经济犯罪的工作战果,昭示经济犯罪的危害,提出预防措施和建议,为有关部门、单位及公民提供防范指导和服务。要加强对企业的法制宣传和预防犯罪的教育,防止成为经济犯罪的侵害对象。要加强对低收入阶层和弱势群体识假防骗宣传教育,增强他们的防范意识。阿荣旗公安局经侦大队广泛开展预防和打击经济犯罪宣传活动,多次召开座谈会,向群众发放“征求意见卡”,还派出民警深入工厂、企业,检查安全防范工作,了解社会信息,落实防范措施,促进企业安全稳定,受到广大干部职工的普遍欢迎。通过一系列的宣传和走访,不仅大大提高群众及企业员工的法制意识,营造人人自觉遵纪守法的浓烈氛围,而且密切了警民关系,坚实了公安机关的基础工作。

四、建立打击经济犯罪的协作机制,强化打击经济犯罪手段;

侦查经济犯罪案件,难免要依靠多警种、多部门,甚至跨地区执法部门的密切配合。经侦协作机制的建立有赖于各执法部门间科学、规范的协作,有赖于经侦系统统一、高效的配合,有赖于各警种间的通力协作。为达此目的,要做好几方面的协作。

一是要加强经侦部门与行政执法部门、司法机关的协作配合。

经侦部门要认真落实国务院《行政执法机关移送涉嫌犯罪案件的规定》和最高人民检察院、全国整顿和规范市场经济秩序领导小组办公室、公安部《关于加强行政执法机关与公安机关、人民检察院工作联系的意见》,与有关行政执法部门建立和完善联席会议、信息通报、案件线索移送,工作协作和监督制约等机制,加强协作配合。要与司法机关建立执法研讨、疑难案件会诊等磋商机制,不断提高防范和打击经济犯罪的效能;

二是要规范经侦系统的协作配合。

公安机关经侦系统严格执行《公安机关办理刑事案件程序规定》,坚持“谁主办,谁负责”的原则,需要异地协作的,主办的要办理相应的法律文书和手续,并对案件的管辖、定性、证据认定及其后果承担法律责任;

三是要加强经侦部门与其他警种的合作。

针对经济犯罪逐步向复杂化发展,与有组织犯罪、计算机犯罪相互交织、相互渗透的情况,经侦部门要在发挥主力军作用的同时,主动与刑侦、治安、网监、出入境、技术侦查等警种配合,加强协作和信息交流,做到优势互补,信息共享,形成合力。

相关图书

《内蒙古阿荣旗公安局文件汇编2》

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浅析当前经济犯罪呈现的新特点及经侦部门打防对策

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英文翻译

A brief analysis of the new characteristics of current economic crimes and the countermeasures of economic investigation departments
Arong Banner Public Security Bureau

Marxist historical materialism believes that crime is a manifestation of interests and needs generated by certain material production methods, and is a historical phenomenon that accompanies the emergence of private ownership, classes, and countries. Economic crime is the ancient and earliest crime. At the end of primitive society, with the development of productive forces and the appearance of surplus products, a small number of people occupied the surplus products, and economic crimes began to occur. After human beings entered class society, other crimes began to appear, and the economic crimes of property infringement gradually increased. With the high development of productive forces, the advancement of social civilization, people’s multi-level and multi-dimensional needs, some people have difficulty filling their desires and getting something for nothing, which induces new economic crimes. With the rapid development of Arong Banner’s economy in recent years, at this stage, like other regions, in the field of market economy, there has been a trend of frequent and high incidence of economic crimes. Compared with other criminal crimes, it has its own characteristics.

One is the increase in the types of crimes and the wide range of violations.
With the expansion of economic life fields and the increase of economic links, the types of economic crimes also increase, and the objects of infringement also increase. At present, economic crimes have occurred in all aspects of commodity production, circulation, and consumption, such as companies, enterprises, finance, insurance, tax collection and management, purchase and sales contracts, bills, and other social and economic activities, and the number is increasing year by year.

Second, it is highly concealed and premeditated.
Economic crimes are known as “invisible crimes”. Most of the economic crimes are carefully designed by the perpetrators, who use camouflage, concealed accounts, embezzlement and other means to do everything possible to conceal the truth and deceive others so that their criminal acts are not easy to be exposed. Some crimes lasted for several years or longer, and by the time the crimes were revealed, the state and collective assets had suffered serious losses.

The third is the professional and intelligent means of committing crimes.
Most of the economic crime suspects are well-educated, have certain expertise in finance, taxation, trade, accounting, law, etc., and have long-term experience in economic and trade activities. They often use their professional knowledge and wisdom to commit crimes in familiar economic and business fields. Many perpetrators of crimes have legitimate economic activity as a cover. Many perpetrators go through careful arrangements before committing crimes, act secretly and leave no trace during the crime, and have strong resilience after the crime occurs, making it difficult for the investigative agency to break through.

Fourth, it is socially destructive and accompanied by corruption.
The amount of economic crimes is getting bigger and bigger, often tens of thousands, hundreds of thousands, or even millions of people embezzle state and social property. Economic crimes such as huge fraud, embezzlement and misappropriation of state-owned assets directly infringe on the personal interests of citizens, and the harm is widespread. These cases are destructive to society and seriously endanger economic order and social stability. At the same time, economic crimes involve a wide range of areas. Often when a major case occurs, there is some connection with the staff of the party and government agencies, and even higher-level leaders. The unhealthy atmosphere is entangled, some economic criminals use money to create a network of relationships, looking for umbrellas, and some collude internally and externally, trading power for money, economic crimes have become a breeding ground for corruption

Fifth, it is highly technical and difficult to detect.
With the rapid development of science and technology, many industries in the economic field have implemented computer management, which provides convenience to the public and creates favorable conditions for economic development. However, some perpetrators use high-tech means to steal and defraud a large amount of property from the country and the people more quickly and conveniently.

In recent years, the economic investigation department of the Public Security Bureau of Arong Banner has conscientiously performed its statutory duties in combating economic crimes and maintaining the socialist economic order. The masses recovered huge economic losses, achieved many encouraging and brilliant achievements, were highly appraised by leaders at all levels and all walks of life, and made due contributions to the economic construction of Arong Banner. However, as the means of committing economic crimes are constantly being updated and the level of technology is constantly improving, the number of crimes has remained high, and the diversity and complexity of economic crimes have become more and more obvious. The difficulties and problems encountered have seriously restricted the efforts to combat economic crimes. In light of the actual situation, the following countermeasures are put forward on how to deal with the new characteristics of the current economic crimes in Arong Banner:

  1. Consolidate the foundation of economic investigation work and improve the ability to prevent, control and strike;
    The practice of economic investigation over the years has proved that economic investigation intelligence information work is the basic and supporting business of economic investigation, plays a leading role in economic investigation, and is one of the means of discovering, controlling and combating economic crimes. Therefore, economic investigation departments should establish the concept of intelligence guidance and investigation, vigorously strengthen the construction of economic investigation intelligence information materials, widely open up information channels, and try their best to collect high-quality and in-depth criminal information. It is necessary to strengthen cooperation with various administrative law enforcement, economic operation, and economic competent departments, strengthen the coordination of various police departments within the public security organs, and extensively collect and summarize various intelligence information through multiple channels such as investigating cases and conducting position control. It is necessary to have a comprehensive grasp of the industrial and commercial registration, tax payment and economic activities of companies, enterprises, and legal representatives within the jurisdiction, and focus on strengthening the accumulation and management of information on suspected criminals. Through the analysis, research and judgment of collected and mastered intelligence materials, economic crimes can be discovered, controlled and combated in a timely manner.
  2. Establish an early warning mechanism for cracking down on economic crimes, so as to achieve pre-emptive effects;
    The early warning mechanism is an important way to discover economic crimes. The public security organs should gradually establish a scientific, standardized and efficient economic crime monitoring system, through the analysis of the economic crime situation and the monitoring and forecasting of various economic crime intelligence information, enhance the ability to predict economic crimes, and issue early warnings to relevant departments in a timely manner information. Practice has proved that this method is highly targeted and effective. . In recent years, we have mostly relied on the pre-established early warning mechanism to achieve clear goals, clear thinking, decisive measures, and obvious effects, and always grasp the initiative in the struggle.
  3. Establish a prevention and control mechanism for combating economic crimes to effectively control economic crimes;
    The prevention and control mechanism is to take various effective measures in a timely manner to prevent and combat economic crimes by making accurate judgments on the situation and development trend of economic crimes on the basis of the early warning information of economic crimes that has been mastered, and relying on the strength of society. First, we must establish a reporting system for economic crimes. Economic investigation departments should promptly report to the Banner Committee and Banner Government about economic crimes that may affect social stability and economic security, and provide political participation for the Banner Party Committee and Banner Government to make decisions. As for the loopholes and weak links in the relevant departments and enterprises that are likely to cause economic crimes, once discovered, they should be immediately reported to the relevant departments for improvement. For economic crimes that are frequently discovered and seriously affect the public interest, they should be disclosed to the society in a timely manner through press conferences and other forms, so as to improve public awareness of economic crimes and reduce the occurrence of economic crimes. Second, we must strengthen the publicity and prevention of economic crimes. The economic investigation department should actively cooperate with relevant departments to widely publicize the results of rectifying and standardizing the market economic order and combating economic crimes through the news media, holding legal lectures, printing and distributing various brochures, etc., to show the harm of economic crimes, and to propose preventive measures and It is recommended to provide prevention guidance and services for relevant departments, units and citizens. It is necessary to strengthen legal publicity and crime prevention education for enterprises to prevent them from becoming the targets of economic crimes. It is necessary to strengthen publicity and education on counterfeiting and deception prevention for low-income groups and vulnerable groups, and enhance their awareness of prevention. The Economic Investigation Brigade of Arong Banner Public Security Bureau carried out extensive publicity activities on preventing and combating economic crimes, held several symposiums, distributed “comment cards” to the masses, and sent police to factories and enterprises to check security and prevention work, understand social information, and implement prevention measures. Measures to promote the safety and stability of enterprises are generally welcomed by the majority of cadres and workers. Through a series of publicity and visits, not only the legal awareness of the public and enterprise employees has been greatly improved, and a strong atmosphere in which everyone consciously abides by the law has been created, but also the relationship between the police and the people has been strengthened, and the basic work of the public security organs has been consolidated.
  4. Establish a cooperative mechanism for combating economic crimes and strengthen the means of combating economic crimes;
    The investigation of economic crimes inevitably relies on the close cooperation of multiple police departments, multiple departments, and even trans-regional law enforcement agencies. The establishment of the economic investigation cooperation mechanism depends on scientific and standardized cooperation among various law enforcement departments, on the unified and efficient cooperation of the economic investigation system, and on the full cooperation among various police departments. To achieve this goal, several aspects of cooperation should be done.

The first is to strengthen the cooperation and cooperation between the economic investigation department, the administrative law enforcement department and the judiciary.
Economic and investigation departments must conscientiously implement the State Council’s “Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs” and the “Regulations on Strengthening Administrative Law Enforcement Organs, Public Security Organs, and People’s Procuratorates” issued by the Supreme People’s Procuratorate, the Office of the National Leading Group for Rectifying and Regulating Market Economic Order, and the Ministry of Public Security. “Opinions”, establish and improve mechanisms such as joint meetings, information notification, transfer of case clues, work collaboration, supervision and restriction with relevant administrative law enforcement departments, and strengthen cooperation and cooperation. It is necessary to establish a consultation mechanism with judicial organs such as law enforcement seminars and consultations on difficult cases, so as to continuously improve the effectiveness of preventing and combating economic crimes;

The second is to standardize the cooperation and cooperation of the economic investigation system.
The economic investigation system of the public security organ strictly implements the “Regulations on the Procedures for Handling Criminal Cases by Public Security Organs” and adheres to the principle of “whoever sponsors is responsible”. If cooperation in different places is required, the sponsor must go through the corresponding legal documents and procedures, and have jurisdiction over the case, Assume legal responsibility for qualitative, evidence determination and its consequences;

The third is to strengthen cooperation between the economic investigation department and other types of police.
In view of the fact that economic crimes are gradually becoming more complex and intertwined and infiltrated with organized crimes and computer crimes, economic investigation departments should actively cooperate with criminal investigations, public security, network surveillance, entry-exit, and technical investigations while playing the role of the main force. Cooperate with other types of police, strengthen collaboration and information exchange, achieve complementary advantages, share information, and form a joint force.

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