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Study On Investigation Integration System Of Duty Crime

Posted on:2013-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:D W LiFull Text:PDF
GTID:2246330374956483Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crimes Investigation is a very important and because the special work. The object of investigation is being engaged in official activities, the national staff have specific management responsibilities, abuse own convenience or their terms of reference, are the most serious forms of corruption. It can be said that the crimes committed serious damage to the good image of the state administrative organs in social work, hindered social progress and development, damage the interests of the public, with serious social harm. Since ancient times, the crimes committed, whether in the grass-roots level or in the high-level corruption scandal after another. In many countries to increase efforts to prevent and combat crimes committed. Regardless of which country in the process of combating crimes committed, the need to break the primary difficulty is how various types of crimes committed, forceful and timely investigation.In this essay, the use of historical analysis and comparative analysis to proceed from the basic theory of the Crimes Investigation integration, the use of historical analysis, Crimes Investigation of integration mechanisms in the development process and present specific problems, especially in the modifications of the Code of Criminal Procedure in1997, how to reform our current detection system, in order to implement the development of the socialist market economy, has become an imminent problem. Then, through the comparative analysis, analysis of specific legal provisions of the civil law and common law system and learn from. Finally, the proposal for the establishment of China’s Crimes Investigation of integration mechanisms, in addition to the introduction and conclusion, the article is divided into four parts:The first part describes the meaning of the Crimes Investigation integration mechanisms, and its historical development, and describes the theoretical basis of the Crimes Investigation integration mechanisms, including the legal basis for the practice based on the philosophical basis. The philosophical basis, for example, philosophy is a scientific world outlook and methodology, it created the whole world the most common, the most general nature and law of its conclusions. Crimes Investigation philosophy of integration mechanisms based on system theory, system theory that in the physical world, the product of all the structure and function, as well as its formation system, the material world in their tissue.The second part describes the existing problems in the integration of China’s Crimes Investigation mechanism run:Crimes Investigation agency management system is not perfect, investigation and evidence collection to the lack of scientific backward hardware facilities, access to the difficulties of clues, clues refers to the procuratorial organs through the effective way to find and master, with the Forbidden City early investigation and is likely to enter the investigative procedures to prove that the staff of state organs suspected of the crime of corruption, bribery, dereliction of duty, crime information, intelligence and other materials formed. Clue is the information into the detection field of vision, after approval, the investigative procedures that can, through its proper conclusion; investigation command structure set to the lack of unified management and preparation.The third part described the common law and civil law practice Crimes Investigation summary can learn from. For example, the Crimes Investigation agency independent exercise of the power of investigation is the development trend of the prevailing practices and the legal practice of the countries in the world. Regardless of whether part of the administrative bodies or judicial bodies, States have enacted strict legal system in order to protect the Crimes Investigation to independent exercise of the power of investigation; great importance to the exercise of the right of the special investigation. In job-related crimes, investigative authorities to conduct investigation and evidence collection, there is a big difficulty. States have taken a special investigative techniques to crack down on crimes committed; focus on the investigation and collection of evidence.The fourth part of the practical problems of our country, and the corresponding solutions. First, improve the management mechanism of the Crimes Investigation; science, clues efficient management and operation mechanism; The second is to establish a unified summary of information on clues within the region and classification management system. Investigation departments all clues will conduct a detailed analysis of the three is to establish the duties of crime investigation, the command of the integration mechanism.In summary, this paper systematically discusses the integration mechanisms of the Crimes Investigation of the current problems in the practice of integration mechanisms, the combination of civil law and common law can learn from the perfect proposal. The author attempts through the establishment of a detection system in line with the actual situation of China’s Crimes Investigation of the Crimes Investigation integration mechanisms, reform and improve the benefit and be expected to promote the building of a socialist country ruled by law.
Keywords/Search Tags:Investigation, Integration mechanism
PDF Full Text Request
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