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The Discussion On Establishing The Chinese System Of Offering A Reward For The Capture Of A Criminal

Posted on:2008-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2166360242957479Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Offering a reward for the capture of a criminal has been in exsitence from the ancientry, but the modern sense of criminal rewards for the capture a criminal that turned up in America in thel930's was gradually used by western capitalism countries and grew up to a legal system. In china, especially since our country entered into economic and social transition period, the situation of crime seems especially severe. In order to seize extremly sinful criminal head, our government and public security in succession heavy fist launch an sttack , increase to hit intensity , one of the most effective measures is offering a reward for the capture of a criminal. The application of offering a reward for the capture of a criminal has its own incomparable strengths in criminal investigation, especially in many momentous and malignant cases. In our country, using "reward"for the capture of escaped criminals and gaining the criminal clues is customary method for the capture of escaped criminals or suspects in the criminal investigations, and it's aslo a brand-new pattern of our public security to "follow the mass line" in the criminal procedure. However there are no specific legal regulations as to offering criminal reward for the capture a criminal, those theorists usually pay their attention to the research on civil reward-offering advertisement instead of criminal reward-offering caused each department goes his own way when carrying it out. So we must standardize it in law and improve it in the system as soon as possible. Basing itself upon judicial practice, by means of comparative method, historical analytical method, interests measurement method and economic analytical method, this paper makes a comprehensive study on legal problems about offering a reward for the capture of the criminal with the hope of doing some contribution to theories and practices. Besides the overview and the epilogue, this paper falls into four parts, the total word of this paper is about 40'000 words.Chapter One is to clarify some relevant concepts relating to the criminal rewards for the capture a criminal. In this part, I try to clarify and distinguish somefundamental and confusable concepts in this paper------reward-offering, the ordercircularly the arrest of a criminal at large, offering a reward for the capture of a criminal, the civil reward-offering advertisement and the individual citizen offering a reward. To avoid the confusion in practice, it discusses the the composing, legal nature, characters of the criminal reward for the capture a criminal.Chapter Two states the current situation of the criminal reward for. the capture a criminal in our country. From the background of its generating to the revelation of its practice, this stimulates two conversations on "the duty of the offence-reporting and 'there is a brave people because of the existence of a reward'", "the reward-offering whether has a impact on the close affinity or connection of our social."Chapter Three is to analyse the feasibility of establishing of the china system of offer a reward for the capture of a criminal from a legal economical standpoint. The primary analysis is performed on the cost of police and informants. And the following discussed the social benefits, informants' individual benefits and the game between the both with a view to solve the problem on whether the this system is a valid system with more expecting benefit than the cost.The last chapter is the key of this paper as well. Based on the research of the previous statements, the system of offering a reward for the capture of a criminal has to be placed on a preliminary legal and regular track. And finally it gives considerations of system construction of offering a reward for the capture of a criminal, and is ready to solve problems that may arise in the process.
Keywords/Search Tags:Offering a reward for the capture of a criminal, The civil reward-offering advertisement, Criminal investigation, Ecnomic analysis of law
PDF Full Text Request
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