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The Problems Existing In The Anti-corruption Work In China And Measures Ought To Be Study

Posted on:2016-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:S FanFull Text:PDF
GTID:2296330464973742Subject:Law
Abstract/Summary:PDF Full Text Request
The people’s procuratorate as legal supervision organs of China, at the same time, in accordance with law, exercise legal supervision for the probing of all kinds of duty crimes such as embezzlement and bribery. It specifically includes filing, investigation and evidence collection, arrest, to Sue, to appear in court to support the prosecution and so on. On the one hand, with the development of the society and the progress of science and technology, all kinds of corruption case variety and emerge in endlessly, would give prosecutors probing such cases work has brought many difficulties; On the other hand, the new criminal procedural law of procuratorial organs such cases carried many new requirements are put forward. That prosecutors probing such cases must resolutely implement the principle of \’respect and safeguard human rights\", strictly abide by the rules of evidence, may illegally obtain evidence, in the process of criminal proceedings to ensure the full exercise of the right to defend criminal suspects and so on, thus further increasing the prosecutors probing the difficulty of such cases. Make the procuratorial organs in the practice of the new criminal procedural law in our country the relevant provisions of the anti-corruption cases carried faces such as:anti-corruption legal mechanism needs to be perfect, investigation of old ideas and working mode, corruption case clues found, evidence collection and investigation technology lag behind and so on. China’s procuratorial organs should be how to earnestly implement the relevant provisions of the new points of the spirit, to perform the duties of probing anti-corruption cases according to law, making all kinds of corruption molecules by due legal sanction, promote social upright and to maintain the normal social relations and social order. The subject, objectively on the legal theory workers and the specific cases before probing authority. But as a result of new points of time is shorter, scholars not only the study of the problem remains to be further in-depth, and judicial practice department also lack sufficient experience, therefore, discussion under the new situation, the relevant regulations of the China’s procuratorial organs practice new points, in accordance with the law to perform the duties of anti-corruption cases carried not only has strong theoretical significance, but also has very important social practical significance.Full text in addition to the introduction, mainly includes the following three parts:The first part, the paper expounds the new points of anti-corruption criminal work put forward new requirements. In accordance with the relevant provisions of the new points and working process of the criminal lawsuit of corruption cases shall implement the principle of \"respect and safeguard human rights\". Investigation of corruption case shall strictly abide by the new rules of evidence, particularly can not illegal evidence; Probing corruption case shall strictly abide by the new defense system, especially to respect and protect the rights of criminal suspects and their defense lawyer’s legal. These requirements are reflected the legal respect and safeguard human rights and justice value goal, but no doubt probing of procuratorial organ increases the difficulty of such cases.The second part, analyzed the current our country anti-corruption work practice of the difficulties faced by new points. The current procuratorial organs in our country anti-corruption work practice of the new points at least face the following problems: anti-corruption legal system is relatively backward; Procuratorial organs investigation of anti-corruption obsolete concept and working mode; Investigation of the procuratorial organ for anti-corruption cases technology is relatively backward, leading to anti-corruption case clues found difficult and obtain evidence difficult. Only profound analysis and cognition of these problems, can suit the remedy to the case, find specific ways to solve these problems.The third part, this paper discusses the new situation in our country criminal law anti-corruption mechanism consummation and the procuratorial organs ought to move. First, this paper expounds the procuratorial organs in China practice the relevant provisions of the new points in the perfection of the criminal legal mechanism of anti-corruption work:shall formulate special laws and regulations on anti-corruption investigation; Shall establish a special litigation procedure in duty crime investigation, Should be conducive to prosecute a special duty crime evidence system; Should clarify the legal status of procuratorial organs anti-corruption agency and the corresponding detection mode; Should optimize the setting of corruption crimes indictment. Secondly, this paper discusses the current rule of law under the condition of procuratorial organ’s response:positive change investigation ideas and improve their mode; Case of center of gravity moved forward and strengthen the denotation of the work; Promoting the modernization of detection technology and equipment; Strictly in accordance with the law regulating the behavior of forensics; Establish relevant department coordination mechanism. Only by adopting these measures, to make our country procuratorial organs in probing corruption cases to play its proper role.
Keywords/Search Tags:new points, Procuratorial organs, Probing, Corruption cases
PDF Full Text Request
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