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On The Transformation Of The Mode Of Investigation In Crimes Of Corruption Of China

Posted on:2019-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:P S LiFull Text:PDF
GTID:2416330548469581Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The traditional investigative model in our country adopts a passive startup method,a one-step investigation stage,a person-to-case investigation method,and a forensic evidence collection method.It has been unable to adapt to more and more concealed,intelligent,and anti-detection corruption.Crime shows some disadvantages."Every time the criminal behavior changes,it will surely lead to a tit-for-tat response from the state." In order to solve such problems,corruption crime detection models need to be transformed.And only by simultaneously implementing the active startup mode,the two-step investigation stage,the information-to-case investigation route,and the evidence-to-case forensics transformation can effectively resolve the dilemma in the investigation practice.This comprehensive transformation approach can not only run through the entire stage from the acquisition of clues to the initial investigation to the investigation,but it can also achieve all-round reforms of investigative thinking,investigative entry points,and evidence collection methods.Specifically,it can be achieved through the construction of big data clues acquisition and utilization mechanisms,the establishment of a sophisticated preliminary investigation mechanism,the improvement of special investigation measures for corruption crimes,and the perfect investigation cooperation mechanism.This article is divided into five chapters:The first chapter is the internal defect of the traditional Chinese corruption investigation model.The author introduces the meaning and elements of the investigation model,and analyzes the characteristics of the investigation model of corruption crimes that is different from the ordinary criminal investigation model.Then put forward that China's current corruption crime detection model has some inherent defects,including the discovery of corruption crime clues,rough inspection mechanism,lack of investigative and evidence collection capabilities,lack of investigative cooperation mechanisms.The second chapter is the necessity and feasibility of the transformation of the investigation mode of corruption crime in China.The author proposes that the direction of the investigation model transformation is not the transformation of a single investigation model,but the simultaneous transformation of the four aspects of China's current investigation model,that is,from passive to active,from one step to two steps,from the person to the case to the information to The case,from the supply to the permit,was changed from evidence to evidence.And further analyzed the necessity and feasibility of the investigation model transformation.The third chapter is a comparative study of the investigation models of corruption crimes outside the border.By analyzing the allocation of corruption crime detection rights and anti-corruption operation mechanisms in the United States,the United Kingdom,Singapore,and Hong Kong,the author summarizes the experiences of the extraterritorial corruption crime detection model and hopes to draw lessons from the transformation of China's corruption crime detection model.The fourth chapter is the concrete idea of promoting the transformation of the investigation model of corruption crime in China.The author proposesto realize the transformation of the investigation mode through four aspects:first,construct the mechanism of acquiring and using big data clues,establish the analysis and judgment mechanism of information sharing platform and clues,and implement the "active" investigation mode and the"information-to-case" investigation mode;Secondly,it established a mechanism for the refinement of preliminary investigations,and through the detailed investigation of the applicable rules,the establishment of preliminary investigation measures,and the improvement of the preliminary investigation evidence system,the protection function of investigations for investigations was fulfilled,and a true "two-step" investigation model was implemented;Strengthen special investigative measures and compulsory evidence collection for corruption crimes,increase the ability of investigative agencies to collect evidence,and implement the investigation model of "from evidence to supply".Finally,improve the investigation mechanism of corruption crimes,integrate multiple resources,and form a joint investigation force.The fifth chapter is the supporting mechanism for the transformation of the investigation model of corruption crime in China.The implementation of a system often requires the coordination of multiple systems.Therefore,the author proposes that through the construction of internal and external monitoring mechanisms to achieve effective supervision and control of the post-transition investigation model;through the construction of rights protection and relief mechanisms,to achieve the value of combining crime prevention and human rights protection.
Keywords/Search Tags:Supervisory Authority, Corruption Crime, Investigation Mode, Big Data
PDF Full Text Request
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