Construction Of Special Prodecure On Anti-corruption

The 58th UN Asseembly passed an international law entitled United Nations anti-corruption agreement on October 31,2003, when China signed the agreement. From then on, corruption issues have become a problem of the world's common concern. The determination on anti-corruption in the world is embodied by legal document. Corruption, considered as a social malignant tumor, exists in both ancient and modern times and in many societies, which seriously hinder the social development. At present, our country is going through an important transition. As a result, the corruption issues can not be ignored. The ways of traditional corruption are diverse and new types of correpution are constantly emerging, which bring serious challenges for fighting against corruptions. In a society ruled by law, the best way to publish corruptions is through law. Now China's Criminal Procedural Law plays an important role in fighting crime, safeguarding human rights. However, faced with new kinds of crime such as corruption, some of provisions are lagging far behind, which can not accommodate the needs of social society.The work against corruption does not stop even for a single day. In spite of this, the corruption is still serious and happens frequently. We have signed United Nations anti-corruption agreement and it has taken effective, therefore, we should conscientiously fulfilled the obligations specified in the convention and intensify anti-corruption work. In addition, in such judicial circumstance, Criminal Procedural Law needs to be amended. Moreover, combined with our country's actual conditions, we should absorb the special requirements with regard to anti-corruption in the convention to construct a procedure of combating corruption, which is not only of a practical sense but also of greater theoretical value. As a result, drawing on foreign successful experience, combined with the obligations specified in the convention, the author puts forward the special procedure of publishing corruption on the basis of our country's juridical practiceThe thesis is partitioned into four chapters as follows.Chapter one introduces the characteristics of corruption, which mainly covers both the basic definitions of corruption and main types of corruption in China nowadays.Chapter two makes an analysis of feasibility and necessity of the special procedure of anti-corruption, including an analysis of harmfulness of corruption, and then gives a further description of feasibility and necessity of the special procedure of anti-corruption. In addition, in light of the general practice of legislation and justice as well as foreign successful experience, this chapter arrives at a conclusion of the feasibility and necessity of setting up the special procedure in our country.Chapter three presents the evidences and proofs of corruption trials. With regard to corruption cases, this chapter firstly is concerned with the means of collecting evidences, witness protection and specifications on the proof of duties. And then the gap between our country and convention is analyzed at length, after which the authors put forward some suggestions on collecting evidences of fighting against corruption and its corresponding proof.Chapter four, one of the most important parts in this thesis, explores the detection of filing the case and prosecution procedure in anti-corruption. The main points of this chapter are summarized as follows:implement measures to extend the scope of filling case, improve the system of the investigation in anti-corruption, setting up an integrated system of investigation during the process of anti-corruption, establish one prosecution procedure of anti-corruption in another place and the system of non-prosecution for corruption crimes.Chapter five is devoted to both the special trial and executive routine against corruption, which is as important as chapter 4. this chapter mainly is concerned with the establishment of judicial procedure against corruption in another place, institution of the system on judgment by default, marking system of corruption cases, as well as mechanism of asset recovery of corruption crimes.The main contributions made by this paper are summarized as follows:1.this thesis makes a summary of the types and danger consequences of corruption.2.By virtue of analyzing the provisions concerning with corruption required by law and the deficiencies on fighting corruption in present criminal procedural, the writer reveals the necessity and feasibility of publishing corruption.3.Based on the analysis of present situation both at home and abroad, the writer brings forward some proposals on anti-corruption with a view to improving our country's Criminal Procedural Law.