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On The Reform Of China's Anti - Corruption And Bribery Investigation

Posted on:2006-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y C QiFull Text:PDF
GTID:2206360182976897Subject:Law
Abstract/Summary:PDF Full Text Request
Corruption is one of hotspot questions in current society at home and abroad. Anti-corruption department of People's Procuratorate plays an important role in giving a blow to corruption crime. With our country joining WTO, joining and carrying out international conventions on human rights, with the trend of globalization of international economy, anti-corruption investigation system in our country is faced with a series of challenges. In the amendment of Criminal Procedure Law, it should: aim at guaranteeing human rights, justice and high efficiency when reforming investigation system;erect conceptions such as rights in preference to power, freedom in preference to order, justice in preference to efficiency, combining factuality and legality, emphasizing both substantial justice and procedural justice, and balance doctrine;prescribe definitely that investigation at first is the preparing procedure of putting on record;separate arrest from detain and improve treatment of the detainees;attach importance to evidence collection such as written evidence and so on, decrease the action of oral confession, implement systems such as rights of keeping silence, compelling witness to testify and rights of refusing to testify;implement system of entrepreneurial prosecutor with responsibility for the case and system of cooperative unification of anti-corruption departments for all levels;reform conditions of investigation termination and constitute relief system;pay attention to cultural construction of anti-corruption investigation;strengthen lawyers' balance function during investigation and entitle lawyers proper rights to investigate and rights on the spot during interrogation;entitle supervisory rights of anti-corruption investigation to the court and set up litigable system of investigation actions.
Keywords/Search Tags:investigation system, reform, human rights, balance doctrine, investigation culture, judicial supervision
PDF Full Text Request
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