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The Research Of The Investigation Into The Cases Of Judicial Functionaries Birbery

Posted on:2013-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhangFull Text:PDF
GTID:2246330395488257Subject:Investigation
Abstract/Summary:PDF Full Text Request
In recent years, along with the development of the social economy by leaps and bounds,judicatory corruption become more and more serious, the judicial functionaries bribery case isgrowing and seriously damage the honest of judicial work, influencing the judicial fairness.Therefore, to effectively reduce and prevent judicial organs staff bribery crime, haveimportant practical significance to ensure that the judicial justice and judicial authority staff’shonest and self-discipline.Based on the composition of the bribery set in the current criminallaw as the breakthrough point, study in the universal law of bribery case at the same time,focuses on the analyses and conclusion of the characteristics of the specific case, and thenworks out the specific investigation methods.This paper is divided into three parts:The first part is the summarization of the cases of judicial functionaries bribery in thepaper. This part makes the readers to understand the structure of general bribery crimethrough the interpretation of criminal law article,and makes clear that judicial functionaries isto point to include the functionaries engaged in judicial activity in public security bureau,procuratorate, court, prison, the state security organs and other departments, and analyzes thegrowing crime rate of judicial functionaries bribery is because of the economic, political,ideological, cultural, environmental, and many other reasons, the headquarters lay thefoundation to the further analysis of the characteristics of the crime in next part.The second part is the analysis of the characteristics of the judicial authority staff briberycase. This part in part of the structure mentioned above, analyzes the characteristics of thecase from the subject of crime, the behavior of crime, the results of crime to the investigationof crime. Firstly, it is the crime subject. the judicial officer is very good at theanti-investigation, and has complex relationships and variety criminal motives; Secondly,there is a long time span from the beginning of the crime to the time of the investigation ofthe crime,and it’s more frequently which means characteristics of the crime behavior is hiddenand without the space available for; Thirdly, the result of the crime often involve widely, andmany people are involved; Fourthly, due to the complex source of the crime and the influenceof the special subject, it is very difficult to investigate and obtain the relevant evidence.The third part is the investigation of judicial authority staff bribery crime cases. The main idea of this part of is according to the characteristics mentioned in the last part,to putforward some countermeasures of the investigation. It’s mainly through initial investigationand investigation this two phase to analysis. In the process of the initial investigation,weshould pay attention to thorough analysis of the case source, make a reasonable plan, and atthe same time take the opportunity to registration file; In the phase of investigation, we shouldgrasp the initiative of the investigation, then carry out investigation thoroughly to retrieve andreview the relevant evidence.
Keywords/Search Tags:Judicial functionaries, Bribery crime, Characteristics, Investigationcountermeasure, Judicial justice
PDF Full Text Request
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