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Research The Law Problem About Improving Criminal Reward System

Posted on:2010-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:W D NingFull Text:PDF
GTID:2166360275496068Subject:Law
Abstract/Summary:PDF Full Text Request
Since the implementation of criminal reward system, judicial practice has achieved good results, which for our fighting against crime and safeguarding social stability. However, with the development of society, there are many new situations and problems in our country's criminal which make detection more difficult. Unfortunately, the current criminal reward law is unsoundness, even more a relatively perfect system. That result the judiciary and the reward to dispute between times. China is planning to amend Crimmal Procedure Law. We put forward the idea of improving criminal reward system, which promote the reform of criminal procedure in China to be an important practical significance.This thesis is divided into four chapters.Chapter one definition of criminal reward At first, the author discusses private reward or not from a typical case. And then the author further defines the concept of criminal reward and clarifies the basic characteristics of criminal rewardby comparing to criminal reward, criminal advertisement and wanted.Chapter two reward system of criminal investigation at home and abroadThe author reviews the practice of the criminal justice system between foreign and China. The latter part comments on our practice of criminal reward system through active affectations and non-standard problems. About active affectations, the author positives active affectations from four aspects: the criminal proceedings to meet the reduction in litigation costs and the pursuit of efficiency, to minimize the social harm, to be conducive to China's crimmal judiciary to establish a good image and to be conducive containment of criminal. At the same time, about non-standard problems, the author reveals China's current criminal reward system of the imperfection of legislation through a few typical cases.Chapter three the legal nature and the present situation analysis of criminal reward systemThe author analysis the problems in our criminal justice system in practice and exposed of shortcoming about current criminal reward: (1) the legal nature of the criminal reward in dispute (2) no provision applies to criminal cases of the scope of a reward system (3) the amount of reward for the criminal standard is too broad (4) the lack of corresponding legal provisions about the source of funds for the reward (5) diversification of criminal reward (6) the expansion of the winner about criminal reward (7) the lack of legal protection for payments to reward (8) the lack of relief in criminal ways and the rights and interests for accusers.Chapter four improving the criminal reward system Improves criminal reward system in accordance with the legal construction of Chinese society: (1) to determine the nature of criminal reward (2) to determine the application of criminal cases in the scope of a reward system (3) to determine the amount of criminal reward criteria (4) norms of criminal reward source (5) reward for the main body of the criminal (6) to determine the relative of criminal reward people (7) criminal reward paid for reward advertisement (8) offering a reward of legal remedies in criminal ways and protection of accusers.
Keywords/Search Tags:Criminal reward system, Criminal advertisement, Private reward
PDF Full Text Request
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