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Smuggling Investigation Game Theory

Posted on:2009-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:X K MengFull Text:PDF
GTID:2206360248951135Subject:Investigation
Abstract/Summary:PDF Full Text Request
Anti-smuggling struggle is a long-term, complicated and arduous nature of the decision smuggling criminal investigation of the development of institution-building requires a long unremitting grasp, it is impossible "overnight." Therefore, the current system of handling the crime of smuggling, there are some drawbacks it is understandable that on the defects of the purpose is not to accusations, blame, but to improve. Smuggling and handling the existing system is mainly the result of the defects of the internal organs of the Customs investigation, "At present, the internal Customs anti-smuggling team, in accordance with the characteristics of the different law enforcement into the detection, investigation two institutions. Investigative bodies in charge of administrative enforcement, the executive responsible for the investigation and handling of cases of law ; investigation for criminal law enforcement agencies responsible for the investigation of criminal cases involving smuggling. responsible for the investigation agencies handled the case, the investigation of the case to a survey, the auditing department. responsible for the investigation of the cases handled by agencies, are investigating this case investigation departments. Customs searches of the current private system , basically still on the pilot survey, a subsequent investigation Habitat pattern. "Customs Department has introduced the" Customs Investigation Department investigation departments and the division of labor with a number of issues with the Interim Provisions , the regulations "customs regulatory requirements found at the scene cases, the scene of the business sector is a case of smuggling suspects will make it difficult to decide what to be handed over to investigating departments. This is in the process of law enforcement practice there will be such a problem: the scene law enforcement time the task is arduous, it is impossible to hurry all cases can be accurate and timely to judge it is not possible at the scene of each law enforcement officers are skilled with the law knowledge Moreover, even with such conditions to the law is not necessarily within a short period of time of day when many of the cases were an effective judgement law enforcement officers at the scene to respond to the daily searches of private tasks are arduous, on the one hand, in order to avoid possible investigation departments and detect differences between the views of the series of problems directly to refer the case to the investigating agencies; On the other hand, there may be individual law enforcement officers at the scene in order to alleviate the burden business "rather follow this particular trend," the transfer situation. Based on the above reasons, will inevitably lead to smuggling and criminal investigations on first investigation, after investigation detours. Investigation departments to detect smuggling cases involved too late, therefore delaying fighters. As the investigation of the department transferred the case to conduct a preliminary investigation into the qualitative and determine whether or not anything dealing with crime, the investigation before deciding on the transfer to other departments or processing, even if this really finalized for crimes investigation departments, such as the transfer of cases received, this case has already destroyed most of the crime scene, the criminal suspect may have already fled or forgery related to favorable evidence, the destruction. This will enable detection of the work of the department in trouble, but also making the country and the people suffer.The defects of the above are the main reason for the Customs Investigation Department and the Customs investigation department, not in law enforcement practice of "force." Solve the problem of smuggling investigation is advancing the reform of the structure, but it is a gradual process, in the course of practice constantly exploring. Some commentators have suggested: "The Customs investigation departments will be restructured to Customs investigative bodies in the investigation of a unit of departments by the unit responsible for the handling of the Customs Department handled the case the first time and promptly stole allowance for taxable procedures; not Customs Investigation Department in the creation of specialized investigative bodies. investigation by the unit after reviewing the case, the obvious does not constitute the crime of smuggling cases transferred for trial investigation department, allegedly smuggling case, police immediately layout, control of the situation, has been by the control of the parties have confessed to shippers, the drugs, and to take prompt action grasping meeting. "I believe that such an approach will not solve the current crime of smuggling and handling system drawbacks: restructuring of the customs investigation department for customs agencies in the investigation of the investigation department a unit from the unit responsible for the first time admissible, judge whether the case involved crimes, the same can not avoid the difficulties encountered before, that is, it is impossible for the unit within one day of the many cases in a short period of time have made timely and effective judgement; This author's view is not to change the institutions set up as going to war, as long as the customs investigation department's "prior review" into "ex post facto" (here called "prior review" and "ex post facto" is not a strict sense of judicial concepts, but the author of the Customs Investigation Department investigation, the case of a judge analog) can solve this problem. Ensure that the investigation departments at the scene of the customs law enforcement fluency, efficiency, ensured that the investigating agencies to review the accuracy of the case.This paper is divided into five sections, of about 35,000 words, as follows: Smuggling outlined in the first part of the crime. Mainly include: the concept of crimes and smuggling major categories, by means of the crime of smuggling methods are: customs clearance smuggling, around checkpoints, smuggling, smuggling of follow-up, indirect smuggling; according to the crime of smuggling into actors: Group smuggling, smuggling unit, "water off smuggling. "Smuggling situation and the causes of crime analysis, focused on China after 1949 to the present situation of the crime of smuggling. The crime of smuggling causes: economic dimensions of factors, levels of the community, geographical level factors. At this stage of my characteristics of the crime of smuggling and law analysis, as well as China's major crimes against smuggling: serious damage to national sovereignty and dignity, and endangering national security, and seriously undermined the socialist market economic order, and seriously endanger the construction of socialist spiritual civilization, which has seriously affected the state's tax , evoked other crimes, triggered corruption.The second part introduced the basic investigation of the crime of smuggling problem. Mainly include: smuggling and criminal investigation purposes; Smuggling Investigation characteristics: relatively fixed in cases at the scene, the investigation of the space relative identified, the criminal suspect targeted range determined that the evidence obtained an arduous task, primarily embodied in: Evidence links, evidence resistance , the quality of the evidence demands. Smuggling Investigation of the basic principles and specific: the principle of intelligence and information-reconnaissance, search-law principle, the principle of proportionality of the investigation, special work with the mass line with the principle of combining rapid, accurate, comprehensive, detailed principles of cooperation, collaboration principles.The third part of the Anti-related and reference abroad. In this part of the major explained that the United States, Japan, Brazil, Italy and other countries of the anti-smuggling system and measures, and the focus on our country; foreign and anti-smuggling measures reference system.Part IV Smuggling Investigation of macroeconomic measures -improving the system. Mainly include: the founding of New China, China smuggling investigation structural reform; existing smuggling and handling system abuses and reform path; anti-smuggling police force building: the quality of construction of the political and professional quality of construction, physical construction.Part V Smuggling Investigation of specific countermeasures -Strategic methods and measures. Mainly include: strict surveillance to prevent promoting technical inspection clearance; smuggling intelligence and information gathering, analysis and application; smuggling technical investigations: secret technical means of investigation on the use of night vision technology detection, investigation of radio technology, measurement technology Panic, the anti-smuggling dogs the use of other technologies such as the use of investigative techniques to raise the quality of technical personnel, to technology identification; smuggling joint investigations; smuggling "secret money" detection of anti-smuggling special situation.
Keywords/Search Tags:Smuggling, Investigation, Countermeasures, Measures
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