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A Study On The Procedure Of Investigating Bribery Crimes By Grass-Roots Supervisory Committee

Posted on:2021-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y TianFull Text:PDF
GTID:2416330611463830Subject:Law
Abstract/Summary:PDF Full Text Request
The reform of the supervision system is an important part of the improvement of the national governance system with Chinese characteristics.It has realized the integration of anti-corruption forces and resources,and created an independent and unified national supervision right.The establishment of the supervisory commission means that the power of supervision and investigation replaces the power of procuratorial organs to investigate crimes committed in the line of duty.The supervision law of the People's Republic of China(hereinafter referred to as the supervision law)also gives the supervisory commission the power of investigation.In terms of its investigation duty crime,though enforcement power supervision still has the property of indictment,and various investigation measures given by the inspection act in the very great degree also inherited the investigation measures in criminal proceedings,but enforcement power supervision as a new national power,in practice,there have been many new situations and new problems,especially on basic supervisory committee investigation of bribery crime,due to the basic supervisory commission investigation bribe criminal case be single bribe amount is smaller,such outstanding features as evidence to form a single,combined with the survey measures have limitations in the application,the problem is more outstanding,It is urgent to put forward effective countermeasures.The author mainly adopts the investigation analysis method and the case analysis method,taking the supervision commission of district F of C city as the research object,collects the representative cases and data it investigates,and then makes an in-depth study of the common problems existing in the current grass-roots supervision commission.Article mainly divided into three parts,the first part mainly analyzes the current primary supervisory committee presented the basic investigation of bribery crime,including single bribe amount is smaller,single evidence form,this is characteristic of bribery crime is common,but with the continuous development of social economy and crime means constantly updated,this feature in the provincial and even national supervisory committee to examine the case is no longer a typical,but for supervisory committee at the grass-roots level,is still widespread,and the characteristics of the current monitoring survey measures is difficult to adapt to the basic investigation of the main causes of supervisory committee.In addition,it is a prominent feature of the supervision system reform that the investigation and handling of cases is mainly conducted by the superior and the duties of the investigation department are comprehensive.The second part analyzes the problems existing in the investigation of bribery crimes by grassroots supervisory committees.After all,the reform of supervisory system is still under way,and there are still many problems in the current work.However,the author analyzes the problems based on the application of laws and measures in the investigation.The problems include the assessment and disposal of problem clues,the exclusion of illegal evidence,the use of detention and technical investigation measures,and the testimony of witnesses.Some of these problems are also common problems of supervisory commissions at all levels.The third part is aimed at the problems in the second part,put forward the corresponding countermeasures.Due to the limited research ability of the author,the proposed countermeasures are difficult to be detailed and specific,but it also provides a valuable reference for the improvement of the next supervision system.
Keywords/Search Tags:Supervisory committee, Bribery crime, Survey measures, Evidence analysis
PDF Full Text Request
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