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Problem Investigation On Arrest Conditions Of Job-related Crimes

Posted on:2019-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XieFull Text:PDF
GTID:2346330548952800Subject:Procedural law
Abstract/Summary:PDF Full Text Request
With the enacting of the Constitution of the People's Republic of China and the Supervision Law of the People's Republic of China,the establishment of supervisory committee,the political framework has officially formed.Several questions,such as,how the supervisory committee exercise the right of supervision;how the supervisory committee engaged with the Court House,has aroused public attention.April 25,2018,Criminal Procedure Law of the People's Republic of China(amended draft)requested for review of Second meeting of the standing committee of the 13 th National People's Congress.Chun Yao,Shen,the Chairman of the working committee of the National People's Congress,pointed out the idea that after 18 th national congress of the CPC,we have made several strategies such as reform of the monitoring system;anti-corruption,fugitive repatriation and asset recovery and the reform of the judicial system.From the point of view of criminal suit system,we should make adjustment according to changing conditions.Firstly,in order to ensure that the reform of the national supervision system was carried out smoothly,We should improve the linkage mechanism between supervision and criminal litigation.Secondly,we are ramping up our work to support overseas manhunt and establish the criminal default judgement system.Thirdly,the leniency should be given to the offender who had confessed.We are trying to transferring its working experience into legal system and generalize the system to nationwide.How to applicate the arrest condition of job-related crimes after the reform of procuration system?Under the background of regulatory reform,this thesis mainly analyzes the applicability of arrest measures of job-related crimes;the specificity of application conditions;the practical operation of arrest measures of job-related crimes,its punishment conditions and its social danger.The thesis tries to explore how the inspection committees make adjustments to fit the national inspection reform,how the inspection committees implement the arrest right of inspection after the inspection office transfer for prosecution;and how to perfect the arrest procedure during the reform process.In the introduction part,the thesis states the writing background and analyzes the influence of the supervisory reform on the arrestment of job-related crimes,and states the contradictions and problems during the investigation and litigation of the job-related crimes after the supervisory reform.Finally,this part illustrates the innovation of thesis.Four parts will be included in the main body of this thesis.Part one is the general illustration of arrestment systems of job-related crimes.This part includes the definition and the principle of arrest,the function and value of arrestment.Besides,this paper also tries to analyze how the inspection authority executes the right of investigation and the application of arrest measures of job-related crimes after the reform.Part two states the evidence of job-related crimes.Whether the standard of evidences of job-related crimes should be varied according to the system if censorship,the elimination of the illegal evidence,the inspection on audio and video recordings,the reservation of rights of partial investigation power and its analyze also included in this thesis.Beside these issues,this thesis also maintains that international manhunt should have specific procedure and standard.Part three makes a joint analyze between penalty conditions of job-related crimes and its social danger.Combine with the characteristics of job-related crimes,this thesis makes a detailed argument concerning general arrest;after arrest;and illegal pending,transfer from monitoring to arrest,and the different standard between social danger condition and criminal facts condition;and make suggestions to reach consensus with censorship officials on the evidence of social danger.To investigate he lenient crime cases' social danger and give comprehensive analyze on whether to adopt the suggestion given by censorship officials.Part four mainly deals with the connection between the supervisor committee with the censorship committee under the background of supervision system reform,and the connection between the lien system and arrest system.This chapter firstly introduces the background of reform,and then gives an outlook on the legal engagement,department connection,and procedure connection of lien system and arrest system.In the conclusion part,the thesis gives a conclusion of the standards of job-related crimes,eliminates illegal evidence,and puts forward personal suggestion on the conditions of social danger,and gives legal suggestions on lien and arrest.
Keywords/Search Tags:Job-related crime, arrest, reform of supervision system, testimony, social danger
PDF Full Text Request
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