Research To The Influences And Strategies In The Modification Of The Laws Governing Procedures In The Investigation Of Crimes Of Corruption

The Fifth session of the11th National People’s Congress on March14,2012, examined and approved an "amendment to the criminal procedure law". This revision of the criminal procedure law was implemented on January1,2013and is the second significant modification which has amended hundreds of provisions in the evidence and defense systems, particularly with reference to the use of compulsion within investigations, the conduct of trials, and other associated matters. These revisions in the criminal procedure laws adapt them to the requirements of China’s democratic legal systems and judicial practice. Moreover, it complies with China’s continuing economic and social development, and conforms to the spirit of deepening reform within the judicial system and its workings. This is of both real and historical significance. It seeks to more effectively punish crime and wrong doing whilst similarly protecting human rights. In so doing social stability and harmony are safeguarded.The impact of these modifications in criminal procedures has had a comprehensive impact on criminal investigations into corruption and wherever the abuse of power or position is suspected. The changes have not only influenced the investigatory procedures, but also refreshed wider thinking about law enforcement by setting new requirements that reflect fundamental conceptual changes in what underpins current thinking. Specifically, the formal powers the authorities have in a criminal investigation, where corruption and the abuse of power is suspected, are strengthened. The procuratorial organs have been given new powers in the use of increased technological investigatory measures, the extension of warrant times and so forth. These are particularly significant in the efforts to crack major cases which are often complex and inherently difficult. At the same time, the modifications emphasize the need to respect and protect human rights. This can be seen in the evidence system which establishes the exclusion of inadmissible evidence by making it clear no one shall be forced into making a confession of guilt. Similarly the defense system has been strengthened with clear rules regarding the rights of suspects/defendants to appoint, meet with and be advised by defense lawyers.While these modifications in the investigation of corruption undoubtedly bring a fresh impetus in the fight against its perpetrators, it is not without its challenges. However, in the long run, it will arguably prove to provide more opportunities than challenges. Therefore, those charged with conducting investigations into such offences, should actively set about the discovery of the positive aspects now open to them under the modified law and procedures. In so doing they will raise the investigatory process onto altogether a new level.It is necessary to study in detail the purpose and spirit of the new procedures and its consequential impact on the investigation of criminal corruption. Even though their implementation is relatively recent, it may be said to be already having a profound impact.This dissertation mainly uses literature research, comparative research and interdisciplinary research methods. Exclusive of the introductory section and the final conclusion, this dissertation will be fall into three parts:The first part provides an overview of crimes of corruption and how they are investigated. The purpose is to make the range of crimes of corruption its concepts and characteristics clear. Similarly, the means and problems within any investigation into such criminal activity will be made explicit. In so doing the theoretical basis for any future research can be clearly understood.The second part seeks to describe the impact of the procedural modifications on the investigatory process. This will particularly focus on what are both the new possibilities and challenges that have been created, and the dialectic between them. Other aspects of legal analysis will also be discussed. Focus will be given to the new rules regarding evidence which excludes its admissibility where illegally obtained. Additionally, consideration will be given to the role of the external and independent defense advocate. An analysis of the underpinning legal principles to these modifications will be made.The third part carries on from the second and proposes a rationale drawn from five viewpoints in order to provide clear strategies for any authority undertaking corruption investigations.