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Criminal Reward System Research In The Perspective Of Criminal Integration

Posted on:2014-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LvFull Text:PDF
GTID:2296330425479080Subject:Punishment law
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Offering rewards for the arrests of the criminals has a long history in China, but indifferent stages its significances are different. At the beginning of the founding of People’sRepublic of China, this system was rarely used in criminal investigations. With the reformand opening-up policy and the development of market economy, this system has been put intouse again. The public security organization employing the system of offering rewards for thearrests of criminals to solve cases is a complement to the traditional investigative methods,and places great importance on fighting against crimes, establishing the authority of thejudiciary, and the promotion of the cooperation between the police and the people. Fromcurrent situation, the recognition of the system of offering rewards for the arrests of thecriminals has not been fully received in practice, furthermore theoretical work in this regardare relatively few, and there exist no standardized legal system in legislation. Therefore,problems will occur in practical applications, such as it is difficult to define the legal nature ofoffering rewards for the arrests of the criminals, and in concrete practice problems likeuncertain subjects, unknown scope of cases and many others will also appear. In order toensure that the system of offering rewards for the arrests of the criminals better serve criminalinvestigations, it is necessary to systematically analyze and propose sound conjectures for thesystem of offering rewards for the arrests of the criminals.The notion of criminal integration suggests from the lens of general criminal laws toemploy the approach of system-theory to intensify the relations between sub-disciplines ofcriminal laws and to bring all disciplines concerned with the criminals and crimes into thisstructure. As a methodology, criminal integration focuses on "integration", that is theintegration of all disciplines. The author attempts to analyze the problems exist in the systemof offering rewards for the arrests of the criminals from the perspective of criminal integrationin the hope of finding a reasonable solution.This dissertation consists of four sections:The first section: general introduction of criminal integration. The author starts from theorigins of criminal integration, introduces the development of criminal integration inGermany and France, and then goes on introducing the origins of this notion in China.Secondly, the development of criminal integration in China has been addressed, and some representative points of view are proposed. Lastly, the connotations of criminal integrationproposed by Professor Chu are emphasized to observe this notion in detail.The second section: the introduction of the system of offering rewards for the arrests ofthe criminals. The author firstly observes the concept of offering rewards for the arrests of thecriminals, and compares this concept with criminal order of the arrest of the criminals tobetter define this concept. Secondly, several theories and their main viewpoints and featuresconcerning offering rewards for the arrests of the criminals are narrated; in addition, based onthese theories, from the perspective of criminal integration the nature of offering rewards forthe arrests of the criminals is determined, and the contention of “criminal judicialadministrative behavior” is brought in. Lastly, through summarization of the practicalsituations of offering rewards for the arrests of the criminals from home and abroad, theproblems of this approach in the practice of China are examined to provide ground work forthe following contents of system-establishing.The third section: the system of offering rewards for the arrests of the criminals shall bebrought in criminal integration. In this section, it is proposed that the system of offeringrewards for the arrests of the criminals shall be brought in criminal integration. First of all, theauthor based the context of the present situations of the system of offering rewards for thearrests of the criminals in China, combining vague expressions in the legislation of China,analyzes the necessity of integrating the system into criminal integration. Secondly, the authorfrom the perspective of the nature of offering rewards for the arrests of the criminals as wellas the prevention of crimes in criminology investigates the feasibility of integrating thesystem into criminal integration. Finally, the author inspects the effects of integrating thesystem into criminal integration from these two aspects: one being the utilitarian thoughts andjudicial functions, it is suggested that integrating the system of offering rewards for the arrestsof the criminals into criminal integration can produce good social effects; the other beinglegal effects, it is shown that integrating the system into criminal integration in macroscopicview can promote the perfection of the structure of criminal laws and the transformation oflegislative model, and in the microscopic view can expand research methods of investigation.The fourth section: the guarantee of the system of offering rewards for the arrests of thecriminals under criminal integration. This part mainly studies from two aspects: the first one:certain principles shall be followed in the designs of the system of offering rewards for thearrests of the criminals under criminal integration to avoid the abuse of the system; the second one: the contents of establishing the system under criminal integration are stressed in light ofthe problems of the system of offering rewards for the arrests of the criminals mentioned inthe above sections.
Keywords/Search Tags:Offering Rewards for the Arrests of the Criminals, CriminalIntegration, Analysis of Necessity, Guarantee of the System
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