The Research About The Problem Of Official Corruption Crime Beyond The Trial

Official corruption crime different judgment,criminal judicial procedure,in order to prevent the power from the defendant and the interference of interpersonal relationship,to safeguard judicial justice and judicial authority,and to a certain level of officials suspected of corruption crime,designated by the superior people's court,from be into other district court judge of a court trial measures.This is in the judicial practice against corruption in recent years gradually developed a way of jurisdiction,in the fight against corruption in our country,its positive effect is obvious to all.As it helps to overcome the past in the be judge of the disadvantages of the judicial town government and the local interference,is conducive to the maintenance of the realization of judicial justice and judicial authority,to undertake at the same time also can better guarantee the case the judge's personal safety,avoid hit retaliation from law enforcement behavior,therefore,this is the need of China's current anti-corruption legal status and medicine.For official corruption cases beyond the trial,the author in order to further study the problem,choose to corrupt crime in the criminal trial jurisdiction as the breakthrough point of the article,in the process of writing,in addition to the method of literature analysis,comparative analysis of the common,also carried out some empirical investigation.First of all,through the related concept,value pursuit,the analysis of the historical origin,general introduction,the current in our country to lay the theory foundation.Then the detailed investigation to understand in the judicial practice,corruption cases beyond the trial implementation of the status quo,combined with some cases,pointed out the existing problems: one is the legal basis is weak,the legitimacy question;The second is to specify different judge discretion unconstrained,specific displays in: the using conditions and standards are not clear,"long distance" selection criteria is not clear,specify the number of clear three aspects;3 it is the right to defense the lack of security,including two aspects of long distance judgment right and right of dissent.Four is a long-distance trial has certain negative effects,including different trial will improve the judicial cost and long distance is difficult to realize judicial justice and judicial authority.On this basis,around the goal of long distance judgment and value orientation,combining foreign practices on issues related to law and practice,in view of the long distance judgment problems puts forward some perfecting Suggestions,againstofficial corruption crime beyond the trial run in: one is the designation of jurisdiction in the criminal procedure law of our country to perfect the relevant regulations and make the designation of jurisdiction applicable situation has been widened and be clear;2 it is for different ground conditions of judgment and standard,the choice of "foreign" standard,specify the number of relevant discretion in the judicial organs,such as clear and constraints;Three is by giving the defense(including the defendant and his defenders)with different trial right right of objection to strengthen the rights for the defense.For different ground the negative effect of the trial,the author thinks that should not be official corruption crime different trial institutionalization,and should be realized from the implementation of the judicial personnel working responsibility system,the judicial organs of economic independence and improve the supervision mechanism three aspects to realize and safeguard judicial independence,in order to effectively maintain corruption crimes in the judicial justice and judicial authority.