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Study On The Impact And Reaction To The Modification Of Criminal Law And Criminal Procedure Law On Crime Crackdown

Posted on:2015-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330431458545Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Underworld property organization crime become the focus of the national legal fight because of its great harmful to the society. Study on the development of gang-related crime organization of countries on the police organized crime in the criminal legislation and perfect our country related criminal legislationhas very important practical significance on improving the ability of gang-related crime organization.The modification and implementation of Criminal Law and Criminal Procedure Law of the People’s Republic of China have put forward the major challenge on criminal judicial organ law enforcement idea, work mode and also have significant influence on the exercise of criminal law enforcement.In the perspective of criminal investigation,this paper select the key blow gang-related crime as the breakthrough point,elaborate the basic background and the basic content of the modification of Criminal Procedure Law and make analysis of the revision of Criminal Procedure Law to combat the effects of gang-related crime, and put forward corresponding countermeasures.Besides introduction and conclusion,this paper is divided into five parts.The first chapter summarizes the basic question of the underworld property organization.It crimebriefly combed the gang-related crime organization concept in the cognitive process of our country, analyzes the development trend of gang-related crime organization. It examines the major western countries during the police criminal legislation mode and characteristics of organized crime, and anti gang-related crime organization in our current legislative situation.In contrast, It pointed out that the new trend of gang-related crime organization development needs the law to adjust constantly in order to better adapt to hit the police organized crime.The second chapter discusses the impact of the modification of criminal law on combat gang-related crime. It mainly outlines the criminal law amendment (eight) to crack down on the crime of police organization in the related content.From black evil forces organization leader, rooting out its economic basis, be given a heavier punishment "umbrella" and so on,it discusses the modification of criminal law to combat the enthusiasm of gang-related crime organizationThe third chapter mainly discusses the impact of the modification of Criminal Procedure Law on combatting gang-related crime. Respectively from the investigation power of strengthening, to crack down on criminal offenses, gang-related crime detection mode, improve the capacity investigation process, investigation evidence collection, investigator testifies Angle,it discusses the modified rallying the influence of the black work points.Based on the analysis of the above, the fourth chapter puts forward the administrative idea of thinking on combatting gang-related crime after the modification of Criminal Procedure Law.It puts forward its own proposals respectively from the set’s must "fortune" dozen "umbrella" concept, to pay more attention to investigation of counsel, a more comprehensive and normative collect evidence, to fully apply the provisions of the criminal law about criminal group, fight evil forces gangs, to actively explore some new rules in the fight against, the respect such as the role of black evil forces to prevent crime.The fifth part proposed countermeasuresis to eliminate the impact of the gang-related crime work by the modification of Criminal Procedure Law based on the foregoing analysis.It Includes seven aspects,the first is to change ideas, the forensic police for improving ideological understanding,the second is to actively use empowerment,to further expand gang-related cases investigation mode,the third is actively explore conforms to play black field work method.the fourthis to adjust state of mind and actively face lawyer early intervention investigation,the fifth is to plan as a whole use of power, strengthen to expose the criminal and demonstrate the ability of a crime,the sixth is to strengthen learning, and strive to improve their own quality,the seventh is to attach great importance, to the denotation of the advantages and early involve in gang-related cases investigation process.
Keywords/Search Tags:Criminal Law, Criminal Procedure Law, Modification, Crime crackdown, Impact, Countermeasures
PDF Full Text Request
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