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Criminal Proceedings Construction Of Anti-corruption Monitoring Mechanism

Posted on:2014-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:C DengFull Text:PDF
GTID:2266330392462611Subject:Law
Abstract/Summary:PDF Full Text Request
The corruption, which is contrary to the principles of modern democracy, is themost serious form of the alienation of state power. It is not only a profanestate power behavior, but also is a serious impediment to the development ofChina’s economy and society. Therefore, not only for China, effective methodsfor controlling corruption are particularly important for countries around theworld.In today’s society, the basic approach for anti-corruption is using laws topromote the construction of a clean and honest administration.However; it isnot comprehensive of criminal legislation on anti-corruption issues in Chinacurrently. In order to curb the corruption problem in China, we can improve theexisting legislation and practice to build a comprehensive anti-corruptionCriminal mechanism.The definition and Identification of the prosecutorialpower is the key to build an comprehensive mechanism of the anti-corruptionCriminal Procedure, obviously, Reasonable division of power and effectivechecks can be achieved only when we make it clear in the positioning of legalsupervision. In the different stages of the criminal proceedings, it is different inproblems and objects targeted by legal supervision and legislators arerequired respond by different programs, therefore, build a sound Criminalanti-corruption mechanism is necessary.This paper mainly studies how to build China’s Criminal anti-corruptionmechanism based on prosecutorial power. The importance and feasibility,concludes with some suggestions and improvement measures are discussedin this paper as well. I believes that a comprehensive anti-corruption law isimperative, but due to the limitations of the legislative conditions, we can doright now is formulated specific criminal policies according to the specificproblems; improve the criminal proceedings supervision system. We needconstruct China’s Criminal anti-corruption mechanism firstly and then improveit to be comprehensive. In order to protect the financial independence of the anti-corruption work, and to protect the neutrality.This paper proposes toestablish “regional finance bureau” and “regional Anti-corruption commission”,thus achieving a more thorough anti-corruption mechanism.I believe that the ideal Criminal anti-corruption mechanism should be based onthe specialized agencies with legitimate right to supervise, to be supported byan independent financial system, based on a comprehensive anti-corruptionlaws, based on the Criminal Procedure scientific and effective supervision,focusing on the prevention and control of corruption issues, functioning well invarious stages of the criminal proceedings. Rational analysis, review andplanning should be applied in various stages of the criminal proceedings, thus,criminal main framework of the anti-corruption mechanism can be functionaland effective accurately.
Keywords/Search Tags:the procuratorial powers, powers of checks and balances, Criminal anti-corruption mechanism
PDF Full Text Request
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