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The Improvement Of The System Of China’s Network Wanted

Posted on:2013-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q LiangFull Text:PDF
GTID:2246330395988105Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
With the rapid development of the information society, the criminal formchanges, and criminal suspect commit the crime more and more secretively. That thecriminal suspects flee around to commit crimes and commit crimes continuously havethreatened to destabilize our social stability. Network Wanted system thus has arisenwith the fast development of the Internet.Due to the widely-use andhigh-effectiveness of Internet, a wanted order issued on the internet is far moreeffective than traditional warrant. Network wanted would not be confined to certainregion. Reversely it can expanse the wanted scope and be noticed instantly by globalnetizens. Therefore, the fugitive offenders would be arrested more effectively, tosome extent, which is good to maintain social stability. But the rising network wantedmay make the mistakes in judicial practice because of the lack of relevant the rulesand the absence of relevant law to be obeyed. Consequently, how to balance therelations between the protection of rights and interests of the citizens and prosecutionof criminals? Such question is confronted by both legislature and investigation organin democratic countries. Thus in order to build up a more perfect network wantedsystem, this paper tends to put forward some suggestions for the construction of suchsystem to make it to be an effective measures for prosecuting criminals with thetraditional warrant.This paper is divided into five parts:The first part is the summary of the network wanted system. The meaning andlegal terms of wanted would be stated firstly. And the features and applicable value(including economic and social value, etc.) of wanted would be discussed. Finally thehistorical development of wanted system in China should be clarified, which explainsthe system is the outcome of the social development.The second part is the assessment of current system on network wanted in ourcountry. First, the miscellaneous content of network wanted system in our countrywould be expounded from the perspectives of the issuer of order for want, wantedobject, authority, issuing forms, reward, revocation of wanted order, etc. Secondly,the authority is given to public security organs, and lack of corresponding restrictionmechanism, which can lead to the abuse of power. Therefore, the existing problem ofcurrent network wanted system in our country would be pointed out, for example, the monopolized authority to issue a wanted order enjoyed by the public security organs,the uncertainty of wanted scope, violation of human rights, the absence of process forrevocation of an network wanted order and the remedy of innocence and so on.The third part is the improvement of the network wanted system in our country.In terms of protection of the rights and interests of citizens, the essence of rule of lawand the requirement of international criminal judicial corporation and so on, thenecessity of perfection of system of network wanted would be explained. Only whenunderstood correctly, its strengths fostered and its weaknesses circumvented, can thesystem be a powerful weapon in real to help prosecuting the criminals.The fourth part points out ways to perfecting network wanted system. First isReference to the principle on judicial writ of case law, the judicial restriction isrecommended to apply in the network wanted; second is to improve the system ofrevocation of network wanted and ways for remedies, so as to fully play its role inprosecuting criminals; last but not least is to Strengthen the role of the procuratorialsupervision and its legal supervision by procuratorial organ, thus the authority ofissuing a wanted order by public security organ will be bound effectively.
Keywords/Search Tags:network wanted, application value, improve measures, warrant
PDF Full Text Request
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