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On The Special Proceedings Of Crime Of Corruption

Posted on:2011-06-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Q RenFull Text:PDF
GTID:1116360305456872Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Special proceedings against Corruption are the perfection and supplement of normal proceedings, responding to the characteristics of crime of corruption. This discretion focuses on the following three questions: what kinds of difficulty does corruption crime bring to the proceeding? How should proceedings dealt with it? And How to legalize the counter measures?Corruption in China at this stage is pervasive and frequent, accompanying by abscond to foreign countries. The difficulty of discovery, investigation and pursuit caused by the decentralization of investigation power, inadequacy of initiative investigation measures, absence of the system of trial by default and the difficulty of international judicial assistance implementation has been eating at judicial organs. Faced by the pressure of crime control, the extra-judicial governance has become the only choice of judicial authority. However, the invisibility of procedure makes against both crime control and human rights protection.In dealing with the above-mentioned problems, special proceeding involves four key links. First, on the allocation and operation of investigation power, it empowers investigation organ to apply technical investigation and entrapment detection. Second, on demonstration, it establishes criminal presumption system and witness exemption system. Third, it includes the system of trial by default, giving consideration to both crime control and rights protection. Fourth, on judicial assistance, it invites trans-national co-investigation and property recovery. Special proceeding improves the ability of judicial organ to prosecute crime, clarifies rules of the operation of power and finds a balance point between crime control and human rights protection.The significance of this dissertation is: the special proceeding of corruption crime strengthens crime control and guarantees the functions of criminal law while prevents the invisibilization and arbitrariness of proceeding, realizes the legalization of special proceeding and protects human rights. The theoretical significance of this dissertation lies in necessity to correct the excessive prosecution functions and to maintain the dynamic balance of the proceedings. The dynamic balance between crime control and human rights protection, together with the design of special prosecution proceeding, set up an example for the establishment of prosecution proceeding against special crimes such as organized crime, drug crime and so on.
Keywords/Search Tags:corruption, special proceedings, investigative measures, way of evidence, trial by default, judicial assistance
PDF Full Text Request
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