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Research On The Investigation Of Duty Crime Under The Background Of Judicial Centerism

Posted on:2019-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhouFull Text:PDF
GTID:2416330548952114Subject:Investigation
Abstract/Summary:PDF Full Text Request
In the provisions of "Criminal Law",Duty-related crimes are a general term for a special class of criminal offences.They mainly include crimes committed by state office workers that use their authority to infringe citizens' personal rights and democratic rights(Chapter 4 of the Criminal Law),corruption and bribery crimes(Chapter 8 of the Criminal Law).and dereliction of duty(Chapter 9 of the Criminal Law).Occupational crimes have the characteristics of subject type,criminal behavior and duty behavior are closely related,and the means of committing crimes are concealed.At the same time,because of the difficulty in collecting evidence of crime,the crime form is single,and the strong dependence on technical means,investigations of duty crimes is also more difficult.In view of the fact that duty crimes are distinguished from the ordinary types of crimes by the typed characteristics that lead to differences between duty crime investigations and common criminal crime investigations,the main reason is that there are few clues to prove that the key evidence of the facts of the case is difficult to excavate and the breach of case detection is difficult to obtain.The investigation of duty crimes requires higher technical means.Under the background of the reform of China's "judicial centerism" litigation system,there are a series of drawbacks in the traditional pattern of duty crime investigation,thus making the investigation of duty crimes always face various difficulties.At present,the reform of China's supervisory system has brought new opportunities to solve the problems existing in the investigation of job crimes.On the basis of combing the investigation model of our country's traditional duty crimes,this article summarizes the problems existing in past job crimes investigation activities,analyzes the causes of these problems,and on this basis,integrates the reform of the litigation system in judicial centerism.The background of the inspection system reform has put forward its own views on the new model of duty crime investigation.It aims to solve the huge obstacles that have existed in the investigation of duty crimes in the past and promoted the smooth reform of the job crime investigation activities under the new system.In this regard,this article follows the following lines of thought and discusses the issue of job crime investigation in the context of judicial centerism.The first part: It summarizes the trend of change in the investigation of job-related crimes in the context of judicial centerism.Firstly,this paper analyzes and summarizes the characteristics of crime crimes of the same type;secondly,it analyzes the characteristics of the investigation of traditional duty crimes;finally,it briefly summarizes the new requirements of the investigation of the crimes committed by the trial centers in China.The second part: Explains the predicament faced by the investigation of traditional job crimes in the context of judicial centerism,and points out the drawbacks.From the perspectives of institution setting and power allocation,legislative aspects and practical aspects,we have elaborated on the shortcomings of our country's long-term job crime detection model and the difficulties it brings.The third part: Combining the predicament faced by traditional job crime investigation in the context of the trial centerism mentioned above,it analyzes the reasons for forming a dilemma.The fourth part: On the basis of the previous article,put forward corresponding ideas for the reformation of the investigation of duty crimes in the context of the judicial centerism.In response to the shortcomings in the investigation of job crimes before the reform of the supervisory system proposed in the previous article,a corresponding solution is proposed within the new background and the new institutional framework,so that the new model of job crime investigation can abandon the shortcomings of past investigation methods.Under the background of the trial center,new changes and developments will be realized.
Keywords/Search Tags:Judicial centerism, investigation of duty crimes, supervision system reform, technical activities, supervision
PDF Full Text Request
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