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Research On The Perfection Of Some Issues Of Chinese Criminal Procedure Law Under The UN Convention Against Corruption

Posted on:2021-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y P WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Corruption has been a common problem for all mankind since ancient times.However,with the development of world economic integration,corruption is no longer limited to one country or a certain region,but is increasingly transnational and globalization.In response to the increasingly severe international corruption situation,the United Nations specifically adopted the United Nations convention against corruption(hereinafter referred to as the convention)on October 31,2003,and formally entered into force on December 14,2005.As a firm supporter and active defender of the convention,China signed the convention on December 10,2003,and was reviewed and approved by the Eighteenth Meeting of the Standing Committee of the Tenth National People's Congress on October 27,2005.Since the 18 th CPC National Congress,the Party Central Committee with Comrade Xi Jinping at the core has attached great importance to anti-corruption work and actively implemented the obligations of the Convention.In terms of institution building,We have implemented the reform of the national supervision system and established national,provincial,municipal,and county-level supervisory committees to provide full supervision to all public officials who exercise public authority.In terms of legislation,the criminal law and the criminal procedure law have been updated for many times,and relevant laws such as the anti-money laundering law,the anti-monopoly law and the supervision law have been formulated to further improve the anti-corruption legislation from the aspects of conviction,law enforcement and supporting systems.What's more,China has promulgated new special confiscation procedures,trial procedures in absentia and other content that are in line with the Convention.In terms of international cooperation,China declared to the United Nations in 2006 that it allowed the Convention as a basis for extradition,and emphasized its desire to cooperate with States parties,especially those that have not yet concluded bilateral treaties.However,there are still a lot of areas in China's Criminal Procedure Law that are not compatible with the Convention.For example,the application of special investigative means is limited,the protection of litigation participants is too empty,the application scope of special proof rules is too narrow,the system of asset recovery and return is defective,and the criminal procedure and supervision procedure are not connected.This article starts from the above issues,with the background of the United Nations convention against corruption,draws lessons from foreign experience.Based on China's actual national conditions,it proposes to clarify the subject,content and procedures of special investigative methods,refines the protection system for litigation participants.A series of measures are proposed to further improve China's criminal procedure law,such asrecovering relevant systems,expanding the scope of application of special certification rules,and regulating the connection and operation of the Supervision Law.
Keywords/Search Tags:UN Convention Against Corruption, Criminal Procedure Law, international anti corruption
PDF Full Text Request
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