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Research On The Jurisdiction Of Duty Crime Implications From The Perspective Of The Supervision System

Posted on:2022-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:F X HuFull Text:PDF
GTID:2516306527974909Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In practice,the intertwining of duty crimes and ordinary criminal cases is prominent.Supervision organs will inevitably involve case involvement in the process of handling duty crime cases.However,my country's current laws govern the content of the jurisdiction over duty crimes implicated cases.Due to the lack of operable implementation rules or corresponding procedural norms,the supervisory organs and other judicial organs are not smoothly connected in the process of investigating and handling duty crime implicated cases,and cannot provide a reliable system guarantee for the investigation and handling of duty crimes.The article analyzes the current status and existing problems of our country's current duty crimes implicated jurisdiction system,and proposes countermeasures and suggestions to improve it based on the judicial practice before and after the legislative and supervisory system reforms in Chinese Hong Kong and Singapore.The full text is divided into four parts.The first part briefly elaborates the current research status of the jurisdiction of official crimes implicated,and on this basis analyzes several jurisdiction models of the jurisdiction system of official crimes implicated before and after the reform of the supervision system.The second part mainly analyzes the existing problems of the current implicated jurisdiction system.There are conflicts and deficiencies in the system,which have an adverse impact on the person under investigation,the jurisdiction and the control of social order.The third part is a comparative analysis of the useful experience of the Corruption Investigation Bureau of Singapore and the Chinese Hong Kong Independent Commission Against Corruption in effectively investigating official crimes,that is,having the power to take arrests and other evidence-collecting measures in cases related to official crimes.The fourth part is about some ideas for perfecting the jurisdiction system involved in official crimes.The first is to give the supervisory authority the jurisdiction to implicate.The second is to restrict the jurisdiction of the supervisory authority from the perspective of granting the investee,the original jurisdictional authority the right to implicate jurisdictional objections and grant the lawyer the right to intervene,so as to prevent the arbitrary expansion of its power.The third is to put forward perfect suggestions from the two aspects of improving the filing and investigation measures,smooth the connection between the law and the law,and ensure the effective exercise of the supervisory authority's implicated jurisdiction.
Keywords/Search Tags:Prosecution system, Duty crime, Implicated jurisdiction
PDF Full Text Request
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