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In China. "united Nations Convention Against Corruption Under The Guidance Of The Code Of Criminal Procedure Perfect

Posted on:2008-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y SongFull Text:PDF
GTID:2206360215450855Subject:International Law
Abstract/Summary:PDF Full Text Request
Under current international circumstance, the corruption has been viewed as a global social pollution. For the purpose of eliminate this phenomena, the international society should cooperate with each other. In this way, UN has conducted the"The UN Convention against Corruption". And since China has ratified this convention, we should pay more attention to researching the amendment of our domestic law system. This article gives an elementary discussion on how to perfect the criminal procedure law to fulfill the convention's request only.This thesis can be divided into 4 parts. Using the positivism method presented four aspects of the China's criminal procedure law to coordinate with the convention.Part 1 is an introduction to the study object; the author analyzed the cause of the corruption from the politics economics and humanism aspect, and point out that the corruption not only does harm to a country's domestic economy but also impairs the harmony of the world. Every country has the obligation to keep corruption within limits by international cooperating.Part 2 is a commentary on the convention which are studied. As the first international criminal law treaty to deal with the corruption crime, this convention has many originated characters. This article summarized the convention's unique character and indicated the very point that Chinese law should take efforts.Part 3 discussed the concept adscription of"prevent principle"and its position in the convention. And point out that the criminal procedure law should incarnate this principle, take active measure to prevent the official from crime in advance.Part 4 mainly discussed the international criminal judicial assistance. Because some corruption crime are cross-bounded, this situation need the countries develop the criminal judicial assistance. But some vague cognition still exists, so we have to clarify this conception.Part 5 discussed the problem of the proceedings in absentia. Since China has ratified the UN Convention against Corruption, we should construct our system of criminal proceedings in absentia to fulfill the convention's request of asset recovery mechanism. Some domestic scholars, however, have suspicions on this program .After having reviewed and analyzed their opinions, argue that, if design the criminal procedures cautiously, this system's superiority outweighs inferiority, and will not do harm to the defendant's basic human rights.Part 6 is mainly about the special prove process. Since the corruption crime is a highly intelligent crime, and the criminal usually has higher position and economic condition. This may baffle the reconnaissance process. Some different evidence mechanism was set up to reduce the prosecute difficulty. We need do some research on this special method's validity and applicable condition.
Keywords/Search Tags:UN Convention against Corruption, the criminal procedure law of China, law perfection
PDF Full Text Request
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