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The Study Of Job-related Crimes In Different Places-the Perspective Of Senior Officials Of Corruption Cases

Posted on:2014-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:L L HuangFull Text:PDF
GTID:2296330467487776Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, the job-related crimes showed a trend of high incidence and serious harm to the country’s development and stability, hinder the orderly and healthy development of the economy, to become a great social risk. Cases of corruption-prone, both traditional and official standard of the sense of privilege at work, there are legal and regulatory deficiencies. In order to effectively combat crimes committed against local forces to ensure a fair trial and independent judicial interference, Chinese government took many measures. Since2001"Muma" case, the Supreme Court, the most senior officials of crimes committed off-site trial mode, and gradually a case-by-case into a practice, has become a potential model for hearing corruption cases in China. This mode means justice in the punishment of crimes committed at the same time, but its legitimacy was widely questioned. In judicial practice in different places under the jurisdiction of the judge likely to cause arbitrary discretion, also makes the phenomenon of conflicts of jurisdiction, there’s Procuratorate and the court department poor coordination between justice and efficiency, a lose-lose result hidden. Different places under the jurisdiction of the need for institutionalization should institutionalize the need to face the issues on which theory and practice, these are worth to be studied in detail.Jurisdiction system of job-related crimes, as the object of study, especially the senior officials of corruption cases as a starting point, actually widely used off-site modes of trial production, development, the current situation of an effective combing summarized. The analysis of the model comes from the two levels of legal theory and judicial practice. In this paper, introduction, body, conclusion are three parts. Follow the questions, analyze problems, problem-solving logical order. Specifically:The first chapter describes the different places of job-related crimes under the jurisdiction of the phenomenon and its causes. The first expounded crimes committed in different places under the jurisdiction of the concept of job-related crimes in different places under the jurisdiction of the law. And thus expand the analysis of job-related crimes in different places under the jurisdiction of the historical roots of China’s anti-corruption grim situation, and social inevitability.The second chapter describes the plight of job-related crimes in different places under the jurisdiction of the realities faced. Theory and judicial practice plays two aspects of job-related crimes in different places under the jurisdiction of the problems faced by a comb. Remote jurisdiction in a very awkward position, in legislation there are following problems:the lack of a clear legal basis, in different places under the jurisdiction of the main range is unclear, ill-defined public security specified jurisdiction. In practice can easily lead to the cost of justice is too large, the convergence of the judiciary mechanism is not perfect, and the denial of justice. This chapter from an empirical point of view to analyze the different places under the jurisdiction of the practical difficulties faced, to pave the way for the improvement of different places under the jurisdiction below.The third chapter is a comparative study of the foreign jurisdiction system in different places.’Jurisdiction and trial under the jurisdiction of two aspects:a comparative study of off-site trial system of civil law and common law countries. Based on foreign filing jurisdiction and trial jurisdiction system summarize, analyze, summed up the characteristics of different places under the jurisdiction of, in order to provide a reference of job-related crimes in different places under the jurisdiction of perfect.Chapter IV is about job-related crimes in different places under the jurisdiction of improvement. First, the legal elaborate crimes committed in different places under the jurisdiction of construction should follow the basic principles:the principle of the independence of the judiciary, the principle of procedural justice, the principle of judicial efficiency, statutory judge principles. Improvement of the job-related crimes in different places under the jurisdiction of ’jurisdiction and trial should be under the jurisdiction of two ways to improve the situation. At the trial stage, it should be specified under the jurisdiction of the principles and scope of application to determine to increase personal jurisdiction principle, improve the organs of the case is transferred bridging mechanism, to coordinate offsite jurisdiction system and interface with other systems. Our existing political institutions and the judicial system, the off-site trial of corruption cases is undoubtedly prevent the intervention of one of the most effective way of justice, will continue to exist for a long time in the foreseeable period ounder the jurisdiction of the system is of great significance to establish a f time, and therefore improve the crimes committed in different places jurisdiction for crimes committed.
Keywords/Search Tags:Job-related Crimes, Corruption, The Jurisdiction Of DifferentPlaces
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