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Chinese Public Security Organs Anti-corruption Research On Its Legal Regulations

Posted on:2012-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:W W LiFull Text:PDF
GTID:2216330338464740Subject:Law
Abstract/Summary:PDF Full Text Request
China's legal system against corruption is imperfect and unsatisfactory in effectively confining and eliminating corruption. Each law enforcement activity and power exercise of public security organs will have a direct bearing on production, work and livelihood of people, freedom, rights and life of people, as well as on the manifestation of social fairness and justice. This particularity of law enforcement power has objectively determined that special supervisory measures different from that of general administration must be taken for police force to further strengthen the supervision on law enforcement power of public security organs and ensure no abuse of power.At present, there are three legal grounds for punishing corruption in public security organs. The first is Constitution; the second is laws and the third is administrative and department regulations. These systems are decentralized, not systematic, with low operability and broad principles, and lacking in specific measures of implementation. Therefore, after analyzing the regularity of corruption of China's public organs, comparing it with legal systems against police corruption abroad and analyzing abuse in the existing"People's Police Law of the People's Republic of China", it is intended to establish a special legal system against corruption in public security organs for the convenience of execution and operation in practical work.There are two directions for establishing special law system. One is special law for special control. National People's Congress or Standing Committee of NPC, as the legislative body, makes"Law against Police Corruption". This could guarantee the high ranking and authoritativeness of laws. Refer to"Administrative Law"for the law style and combine substantive law and procedural law to form the basis of publishing police corruption practice. The other is making"Law against Corruption"and regulating combating police corruption in a special chapter; its contents are similar with that of"Law against Police Corruption"; list various police corruption practices and constitutive requirements, formulate punishment procedures and realize the normative combination of substantive law and procedural law to realize good operability."People's Police Law of the People's Republic of China"can be amended without formulating special laws. For the amendment, we can add into existing police law style a special chapter for punishment of police corruption. For example, Chapter 3 of"People's Police Law"can be amended to be"Obligation, Disciplines and Construction of a Clean and Honest Administration"and added corresponding terms respectively for regulating various police corruption practices, including soliciting and accepting bribes, illegal charges, illegally dividing forfeited money and property, appropriating public fund, participating in operation and bonus distribution of places of entertainment in various ways, jockeying for position, buying and selling of official posts and other practices involving police corruption. Define legal liabilities respectively according to degree of acts, and define the scope of cases that should be transferred to procurator ate according to criminal charges.Through the above exploration, the profound theoretical significance and practical value of the research of legal system against police corruption can be realized.
Keywords/Search Tags:public security organs, anti-corruption, legal regulations
PDF Full Text Request
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