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The Economical Characteristic Of Investigation On Economic Criminal

Posted on:2006-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q WangFull Text:PDF
GTID:2166360185453422Subject:Procedural Law
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Abstract: In China, constructing the market economic is on its way.When the systems of economic and social lead to the perfect, the largespace is left for the continuous economic crime. In the field of thecriminal investigation, the meaning of economic crimes is the strictlymeaning in the modern market. In the article, the economic criminalinvestigation is directed justly to the crimes in the third chapter ofthe Chinese criminal law. When the state punishes the economic crimes,the criminal investigation is needed. All those special investigativemeasurements and those related compulsory measurements are included intothe economic criminal investigation. For specialty of the objection, thegoal and the strategies, the economic criminal investigation is special.On the fundamental of research the economical essential, this paperanalyzes economically the economic criminal investigation.Through the analyzing economically, this dissertation is focusedon the economical essential, the costs and the profits. Then, the papertries to reform the procedure economically in order to pursue theproficiency of the economic criminal investigation. There are foursections in this paper, and the formal body includes about 42,000characters.In the first part, the economical essential of the economic criminal investigation is forwarded. The economical essential means: firstly, asinner incentive, the system of economic criminal investigation candevelop the Chinese market economic. Secondly, the economical essentialmeans managing economically the criminal judicial resources. Theeconomical essential embodies on the objection, the values of theprocedure, the incentive procedure and the strategies.The following part is the causes of the economical essential. Theeconomical essential comes from the modern market economic, the scarcityof the criminal judicial resources, and the procedural goal ofproficiency.The third part is the center of this dissertation. This can be dividedinto two parts. In the former, the economical essential is be analyzedfrom the view of costs. The costs of the economical criminal investigationinclude: legislative cost, economical cost, chance cost and error cost.There exit some irrational systems of the costs' burden. A irrationalsystem of costs should be built through compensating the economical cost,decreasing the ethical cost, contracting the error cost and strengtheningthe personal duty cost.In the latter, the paper focuses on the profits of the economicalcriminal investigation. Increasing the profits is confronted with the twodifficult aspects. One is the imbalance of the profits' criterion. Andthe other is the imperfectness of the profits' incentive. These twosystems must be reformed.The fourth part is designed for building economically the procedureof the economical criminal investigation. The goal of the reformation isconstructing economically the investigative procedure. I advance somemeasurement to reform the system. Firstly, in order to abridge thebeginning of the economical criminal investigation, the proceedings ofthe filing cases and the investigation should be congregated. Secondly, when the mode of investigation changes, the inquisition should beconsolidated into investigation. Thirdly, the system of the economicalcriminal evidence should be reformed, the reform includes: entitling morepeople the right to collecting evidence, and cutting down the scope.Finally, the reformation includes briefing procedural time.
Keywords/Search Tags:the economical essential of the economic criminal investigation, analyze from the view of the costs, analyze from the view of profits, reform economically the procedure of the economic criminal investigation
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