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Legal Research Investigation And Supervision Of Criminal Cases Of Abuse Of Power

Posted on:2013-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YiFull Text:PDF
GTID:2246330395980171Subject:Law
Abstract/Summary:PDF Full Text Request
China’s procuratorial organs of the investigation of the crimes committed is an important form of the country to carry out anti-corruption activities, but also of the need to further strengthen the process of legalization. Investigation of job-related crimes through legal procedures, take legal measures to curb corruption, the distinctive color of the rule of law over the other in various ways. People’s Procuratorate, as the legal supervisory authority to assume the duties of prevention and punishment of crimes committed. But procuratorial organs of self-monitoring of crimes committed Itself, rely mainly on the less than perfect self-control, resulting in difficult to protect the rights of suspects for crimes committed; On the other hand, the start of the Crimes Investigation terminate lack legal supervision system, indulgence crime and abuse of power of investigation danger also exists.In this paper, the two angles of the Crimes Investigation and supervision of the investigation as a starting point the basic content of Malfeasance run status quo, existing problems combing, combined with practical, focused on solving the main problem, cf extraterritorial investigation and supervision mode, absorption reasonable ingredients, focused on the investigation and supervision mechanisms to build and perfect the legal issues. The full text will be divided into four chapters:Chapter Malfeasance concept Discrimination including the Discrimination of crimes committed Itself cases, Malfeasance defined, so as to clarify the analysis of the problem connotation; addition, analysis the duties of the characteristics of the criminal investigation and supervision, expressly to study problems in the field and want to improve the content and find the direction of the study; second chapter of Crimes Investigation and its oversight of the status quo, including Malfeasance Internal Oversight department, supervision of content, form of supervision, and then from there these statements. Including the lack of the Procuratorate self-control, and the limitations of external oversight, and to find the problem, and then explain to establish and perfect the mechanism of Malfeasance necessity, urgency and feasibility. Establish targets, clear objectives for the study is based on the actual situation analysis to find clues to solve the problem of legal theory; Chapter through the analysis to the United Kingdom, United States of America as represented by the common law system of investigation and supervision mechanism belong to the civil law of Germany, Taiwan’s investigation and supervision mechanism, its supervision of the respective mechanisms are introduced and a comparative analysis. Focused on comparing the common ground of the judicial review system, and also to find out the difference. Articles in this chapter of the relevant laws and institutional statements, based on a more detailed analysis of the basic conditions of our country, to learn from advanced practice; Chapter previous chapters based on the analysis proposed improvement of Malfeasance recommendations. Improvement, learning and innovation oversight mechanism to make recommendations to improve internal oversight, strengthen external oversight, the introduction of advanced concepts. According to the present situation of our country, on how to gradually refine, strengthen oversight mechanisms to carry out useful thinking.Full hesitate ink in Malfeasance in China’s actual situation, found many problems, grasp the focus settled perfect Malfeasance mechanism in the study. The text in the basic use of comparative law analysis and research, the foundation is now law. That is, under the existing law is not a significant change in the situation, based on the experience of more developed countries of the rule of law, China should not need a set of authoritative, impartial monitoring mechanism to restrict the Crimes Investigation achieve the balance of powers, and the purpose of protection of human rights, also effectively combat and prevention of such crimes, in order to achieve the ultimate goal of the administration of justice.
Keywords/Search Tags:Crimes Investigation, External oversight, InternalOversight, Judicial Review
PDF Full Text Request
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