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The Study Of Sceret Criminal Investigation At Duty Crimes

Posted on:2012-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y WuFull Text:PDF
GTID:2216330338459970Subject:Investigation
Abstract/Summary:PDF Full Text Request
In recent years, prosecutors detected a series of corruption and abuse of power as the outstanding representative of the crimes committed frequently appear in major news media, which reflect our country's determination to punish the corruption,the other hand, it also shows clearly China has entered a period of duty crimes,with the arrival of.the economic and social transition.Compared with ordinary criminal offenses,duty crimes are different from ordinary criminal investigation.In our current law, the provisions of the People's Procuratorate in the process of criminal investigation duties have a rule, in order to collect evidence, find out the facts of the crime, and seized the suspect, the investigation activities of the various measures can be taken. However,there are no special crime investigation for requirements to the appropriate underwear-based detection measures in the statutory measures. Nevertheless, the prosecution presented the face of increasingly high-hidden high intelligence of the crime, the legal investigation measures are often forbiden and had no choice but to take "extra measures", which formed the secret practice of prosecutors investigating a large number of measures in use.In order to meet the requirements of the contemporary anti-corruption, combined with the rules and characteristics of dutycrimes, secret criminal investigative measures to strengthen the System,in order to finding the gaps between the needs of this paper to the secret criminal investigation measures.duty crimes as the research object thesis are divided into four parts, with dialectical materialism and historical dialectics as a guide, the historical analysis, comparative analysis, empirical analysis and total scores with other methods, the system functions described the concept of crime investigation measures secret, main characteristics, basic theory, classification content, and restriction of personal freedom, property and the right to privacy and freedom of communication detection measures, the United Nations Convention against Corruption measures under the framework of the investigation and comparison, looking to other issues. These include:First, an overview of Duty Crimes Investigation, the main measures of the concept of crime investigation duties, characteristics and significance, job Historical Crimes Investigation, comparison study, etc.; second secret criminal investigation measures such crimes need, the part, from the nature of the case, the main body of the case, procedural justice, the impact of the new Law on Lawyers and the fulfillment of international obligations under the Convention in areas such as elaboration; third, the functions of secret criminal investigation, mainly to obtain clues of the crime, investigation capabilities, evidence collection and accuracy. Fourth, a secret criminal investigative measures introduced in the Practice of current situation and the factors constraining their development. Mainly from the initiatives to introduce itself and the status of external factors, but also from the law, traditional values, obtained material terms of use, and supervision mechanism, to be described. Fifth building a secret criminal investigation of the duty crimes committed system of measures, the main principle of the system designed requirements, specific system build, and relief protection system.
Keywords/Search Tags:Duty crimes, Secret Criminal Investigation, System construction
PDF Full Text Request
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