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Study Of Investigation Method For Corrution Cirmes Cases

Posted on:2013-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ShiFull Text:PDF
GTID:2246330395970794Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of society and market economy, crimes relating to corruptionare constantly changing and varying. As a state organ for legal supervision and a detectiveorgan, People’s Procuratorates have realized the features and the constitutions of corruptioncrimes. According to the Criminal Procedure Law of the Peoples Republic of China,heavy responsibilities are left for complying with detective principles, applying effectiveand legal measures to solve this kind of crimes. The fifth session of the eleventh NationalPeople’s Congress passed the Criminal Procedure Law of the Peoples Republic of China onMarch14,2012. The law set a higher standard for detecting, provided improved legislativeassurances and gave more clearly defined detecting powers to the procuratorial organs.Researching into ways of detecting prompts the efficiency of solving the crimes. Based onthe provisions of the Criminal Procedure Law and on the summary of procuratorial organs’practices in reality, this article comes up with some detective methods which could bemore fitted in with legal requirements and the current situations。These methods arebeneficial to breaking the bottleneck of the past process of solving cases, grasping detailsand finding breakthrough points to break the ice when detecting. The status of theCommunist Party and the stability of socioeconomic market could be maintained.This article researches into detective methods of corruption crimes from four aspects.The four aspects are as follow:First, the legal features of corruption crimes.When studying the methods of detectingthis kind of crimes, the first thing one should do is to hold a clear understanding of theconception and the constitution of the crimes, and then applies to analyze them from theperspective of criminal jurisprudence. In addition, one is supposed to summary the featuresof the current corruption crimes according to occurrences of them and then comprehendsthis kind of crimes overall.Second, the proof standards of corruption crime case. In order to start detecting work,one must strictly comply with legal provisions and clearly identifies related proof standardswhich involve how to prove the case, what measures should be taken. Only by this clearstandard can the work of detecting be started legally effectively and orderly,Third, the method of detecting cases which concerning corruption. One should crackdown on this criminal case by making full use of his or her knowledge toward corruption,considering the relevant assessment standard in the law, also researching on his or hermethod of investigation against the corruption, thereby, making sure that each procedure ofthe investigation is going to find out and collect evidence effectively, which can lead to asuccess of finding out the truth. To research on how to deal with the difficulties in theinvestigation toward corruption, find out and follow closely the clues; To launch secretprimary investigation to get relevant evidence, thereby lying a solid foundation to find outthe truth; To prudently choose the way of investigation,collect more related evidence by all kinds of measure; To conduct scientific and objective evaluation and inspection on thecollected evidence, thereby making preparation for ending the investigation; To end theinvestigation with collected evidence, and propose any possible suggestion; To conduct thepractice analysis by integrating strategy and measure together.Forth, one are well-advised to think about how to further develop our investigationmethod toward cases concerning corruption within the framework of The InternationalConvention on Anti-corruption. we should mainly focus on the problems lying in primaryinvestigation and in the utilization process of measures, explore and come up withself-contained suggestions with the help of The United Nation’s Convention onAnti-corruption.
Keywords/Search Tags:Crimes of corruption, Corruption criminal cases, Investigation methods, Evidence
PDF Full Text Request
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