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Impact On Criminal Suit Of Our Country Of "the United Nations Convention Against Corruption"

Posted on:2007-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhangFull Text:PDF
GTID:2166360218950862Subject:Law
Abstract/Summary:PDF Full Text Request
Today, the rampant corrupt crime has already become a common concerned public hazard in many countries. In order to hold back the corrupt crime effectively, the 58th General Assembly approved" the United Nations Convention against Corruption", guiding the practice of counter-corruption of various countries. The Convention (about 4.4 ten thousand words of full text)has contained many contents, such as the measure which prevents the corrupt crime, the substantive and procedure law question of the corrupt crime, international cooperation and recovering assets etc. This dissertation makes introduction, evaluation and analysis of the criminal judicial idea of the convention, stain witness' testimony exemption, corrupt case burden of proof infer issue, criminal trial by default, try to find out the difference of the legislation and judicial practice between our country and the convention. On the basis of analyzing, summing up, summarizing, the author studies and elaborates four issues. First, we must devote more efforts to punishing corrupt crime in judicial idea, but should guard the bottom line of the proper procedure rigidly. Second, we should establish testimony exemption system for stain witness to divide the crime alliance against the corrupt crime, organize crime, violence crime of particular range, intelligence crime, international crime, great common crime case. Third, in order to appropriately reduce prosecutor's burden of proof and standard, we should apply presumption to some particular cases. The last is that we can trial by default criminally in those cases such as very enormous number of those crimes or having other serious plots when the defendant dies, runs away, loses lawsuit capacity.
Keywords/Search Tags:Criminal Judicial Idea, Stain Witness' Testimony Exempt, the Corrupt Case Is Inferred, Trial by Default Criminally
PDF Full Text Request
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