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Research On The Problems Of Reporting Duty Crime

Posted on:2013-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2246330395488606Subject:Investigation
Abstract/Summary:PDF Full Text Request
The meaning of the report refers to one kind of behavier that state organs, publicorganizations, enterprises, institutions and individual citizens reveal, report or exposeof the criminal facts and clues to the criminal suspect to the judicial organs. It is not alegal process in our country’s criminal procedure enforcement, but it’s a verysignificant channel through what the sources of the duty crime cases come. The reportis of importance for the beginning of the case registration and the investigation whileinvestigating the cases without victims.In our country, it’s the responsibility of procuratorial organs to ingvestigate theduty crimes. As is known to us, the duty crime is very different from the conventionalcrime in the aspects of crime concealment, crime means, etc. In addition, procuratorialorgan doesn’t possess the powerful investigation resources and technology, so it’sdifferent for procuratorial organ to solve the duty crime cases. At present, the shortageof the case resources is a very big hurdle for procuratorial organ. In order to seek thecase resources, Procuratorial organ has to use the old way what we called " Queuingto Find the Real Situation ". Although this kind of practice actually gain some effects,it can’t solve the problem radically. So, for the sake of solving problems, procuratorialorgan has been consciously attempting to launch the accusing-work from the1980’s.Now, to report duty crime has become an important source of case clues, but there arestill a lot of problems to be solved.The duty crime report is the research emphasis in this paper. All is divided intofive parts.Part1: The basic theories related to the duty crime report are containing themeaning of the duty crime report, the accusting-way and the accusing-procedure. Thehistory of letter-inquiring-and-accusing work background is also important in thispart.Part2: Discribe the present situation of reporting duty crime. In this part,the author is discussing the status quo from legislation and practice levels.Part3: Putting forward on the controversial issues in personal views. There arethree problems, namely, the legislation is correct or not, protect public limitlessly andtheir close relatives who fails to respond and to advocate of questions about the newreport.Part4: Discuss a number of serious problems appeared in the duty crime reportsuch as the protection of whistle-blowers too abstract, civil rights and obligationsprovided for imperfections, informant receiving organs uncertainty, the lack ofinformant procedural norms, the next material compensation and incentive provisionsare not specific and operational poor, leading to the implementation difficult. Andthen analysis the reasons why did they happene.Part5: Putting forward some countermeasures to improve the duty crime reports.This part is the full text of the difficulties. Other scholars have also pointed out somevaluable solutions, so the author needs to make great efforts to ensure thecountermeasures raised in the paper feasible,comprehensive and detailed.The duty crime reports is the main line in my paper. The author strictly abide bythe order of questioning, analysising and solving to make the article compact andlogically.
Keywords/Search Tags:accusing-work, the present situation of reporting, the way ofreporting, the procedure of reporting, the protection for accusers
PDF Full Text Request
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