Research On Status Quo Of,Causes Of And Countermeasures To The Inefficiency Of Investigations On Bribery By The Procuratorates

Since the eighteenth congress,the central committee of CPC,with the General Secretary Xi Jinping as the core leader,keeps attaching great importance to the anti-corruption work,continuously strengthens the crackdown upon crimes by taking advantage of duty so that “Cracking Down On Both Tigers and Flies” has become a hot topic among the people everywhere.As the anti-corruption vanguard of CPC and PRC,the procuratorates,in charge of anti-corruption investigations,endeavor to executing detections on all kinds of duty crimes.However,the investigations on bribery and bribes-taking,which are theoretically considered as “symmetrical crime”,turns out to be in imbalance.As the national statistics shows,the yearly number of bribes-taking cases investigated by the procuratorates is several times bigger than that of bribery cases,even only a small part of which are eventually were given guilty verdict.It is believed that this unreasonable reality partially resulted from the people's preferential emphasis on severity of bribes-taking than that of bribery,which logically made the procuratorates often find themselves trapped in dilemma during the investigations.As the anti-corruption work stepped forward,the legal legislation and the judicial practice have waken to the hazard of bribery and the weakness of crackdown on it,so as to try to get away from the outdated idea of “Bribes-taking the fist,Bribery the second” into “equal attention to both”.However,seeing the accumulated feedback from the actual practices,this endeavor has not got the expected change.Everything that happens has a cause and an effect,while Bribery is exactly among the causes of bribes-taking.It is believed in this thesis that only by the impelling crackdown on the bribery according to the law could the bribes-taking be effectively dealt with and the anti-corruption work realize its ultimate aim.In recent years,through implementing new legal explanations and employing special actions to curb bribery,the procuratorates keep strengthening the detection to bribery and indeed has gotten certain achievements,but the actual result stills has a long way to go to meet the whole anti-corruption cause demands in a bigger picture.From the perspective of the regular investigation on bribery by the procuratorates,the author established this thesis on law enforcement practice,and following the analysis of the unsatisfactory status of the present anti-bribery work,tried to find out the causes for the predicament and the fairly disappointing effort in the field of legislature and judicature.In the end,some advice were put forward on law modification and improvement on investigations,which is expected to be conducive to the anti-corruption undertaking.At the very beginning,this thesis set forth the background,motive and significance of topic selection.Following that is the description of unsatisfactory status of the procuratorates' investigations.The problems,reflected from the generalization of statistics since 2013,were disclosed.The portfolio of difficulties was exhibited,which includes the number imbalance between bribery and bribes-taking cases,the relatively rare bribery that were eventually convicted,the inadequate detection measures considering the concealment and complexity of prevailing bribery,and over-reliance upon the affidavit during the course of investigations.In the light of the situations mentioned above,this thesis took on with the analysis of causes for the procuratorates' predicament which could be divided into two categories—legislature and judicial practice.The hard situations on present could not be fundamentally improved until the problems are solved in legislative field.Meanwhile,the key reason remains in the judicial practice,which means the material improvements in investigation practice are sure to help the procuratorates out of the present dilemma.What follows the analysis is the advice on possible countermeasures.In legislative layer,it was suggested to perfect the criminal articles on bribery and relative crimes,filling the blank that could be exploited by possible criminals.In the meantime,the criminalizing factor,“improper interests”,should be introduced,after thorough re-consideration,into aggravation of penalty.In practical layer,the general idea about investigation needs to be transformed,and the time schedule of detection approved.The integrity of the criminal process should be seriously taken into account while the investigation should intentionally work in with the following litigation process.In the end of this thesis is the conclusion,in which it is firmly believed that certain problems do exist besetting the procuratorates,but in the long run,if both the legislature and the judicial practice could make honest effort and fulfill solid crackdown on bribery,the present predicament would surely be overcome,with the assistance of which the entire anti-corruption cause would productively move forward.