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Research on China’s Corruption and Bribery Investigation of Strategic Use

Author: TianJinGang
Tutor: ChenJieZuo
School: Anhui University
Course: Legal
Keywords: corruption and bribery detection strategies used problems Countermeasures
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract


"Corruption is a socio-historical phenomenon, is a worldwide chronic illness, but also of great concern to the public. Against corruption, strengthening of good governance, the Chinese Communist Party and the Chinese government’s firm position." Current social management, people’s ideas and work a profound change in lifestyle, gradually increase the intensity of anti-corruption, corruption and bribery laws, characteristics, there have been many new changes. Anti-corruption prosecutors have been investigating and handling cases of edge and will become increasingly concentrated in state personnel investigating corruption and bribery up. In general, this type of crime, higher levels of the main culture, experience experience, or even familiar with policies and laws, etc., with high intelligence, high-tech, high and high against the hidden features, making detection of the main suspects of the crime fighting between the degree of struggle often seek even more than other criminal cases. From the current situation, characterized by corruption and bribery laws are constantly changing, corruption and bribery suspect more cunning, investigating corruption and bribery cases more difficult, the prosecution of corruption and bribery investigation of ideas, models must be adjusted accordingly, in the investigation of corruption and bribery, to strengthen strategic use, to adapt to the new form of corruption and bribery laws, characterized by a very necessary requirement trends.Detection strategy is the most important source of investigation practice, which is due to the inherent characteristics of practical investigation determined. Practice is an objective investigation, dynamic activity, but also a social and historical events. In practice, investigators investigating the activities of investigative rules and characteristics of knowledge play a decisive role. This article is from the author’s many years of anti-corruption work in the theory and practice of investigating the formation of, corruption and bribery investigation focused strategy for each stage in the investigation of the specific use and improve our strategy for the use of corruption and bribery investigation methods. Innovation of this paper is to summarize the system of corruption and bribery investigation strategy in the specific application of the various stages of investigation and analysis of secret areas in which investigation in the end, how legitimate use of investigative techniques, confidential investigation of a variety of measures designed to study the secret investigation of the mechanisms and rule of law.Coincided with the Code of Criminal Procedure to modify, this mainly through corruption and bribery investigation on the current strategies used by analysis, combined with practical handling, corruption and bribery investigation to find out our strategy for the use of regularity, and there are related issues, and finally propose effective solutions to corruption and bribery investigation of China’s problems in strategy use. This paper is divided into five parts:The first part of the analysis of corruption and bribery investigation strategy in the investigation of the status and its role. Corruption and bribery investigation that the strategy is the prerequisite and basis for decision-making investigation, the investigation methods, detection measures, investigative techniques of the soul, is the detection of cases of magic, focusing on corruption and bribery investigation interpret the role of strategy, it is inspired wisdom investigators, confidence, morale spiritual weapon; object is to promote mental confusion investigation, action errors, the case against the art of exposure; the investigation activities, to gain the initiative, to improve efficiency, ensure the effectiveness of intellectual protection.The second part describes the use of corruption and bribery investigation strategy four principles:research, follow the principle of objectivity; highlight the purpose, in line with the reality principle; flexibility, good change principles; secret use, according to law principles. Comprehensive overview of the use of corruption and bribery investigation strategy conditions:timing conditions, staff conditions, court conditions.The third part is the entire article, one of the key, of course, I want to try to do the most part. The author combines his many years of experience in handling cases, theory with practice, according to the order of the investigation were analyzed to explain the clues, preliminary investigations, enforcement measures taken after filing, the interrogation of criminal suspects, interview witnesses, and apprehension of fugitives of the strategies used, hoping to play valuable feedback effects.This is the fourth part focuses on the problem. Analysis of the current strategy of corruption and bribery investigation at all stages in the investigation of specific problems and their use causes:prosecutors lack of a system according to the independent exercise of prosecutorial power, difficult to use and efficient security strategies; the current funding mechanism is not perfect, not efficient protection strategies use; existing mandatory measures to implement the system is not realistic to narrow the scope of strategy use; Procuratorate organs of the secret investigation deficiencies in the system, limiting the use of policy instruments.The fourth section presents the fifth part of the question for the author from the two aspects of the problem to propose a solution:one is to ensure that the prosecution shall establish the independent exercise of prosecutorial power of the leadership structure and personnel system reform to ensure funding to speed up prosecution, through legislation, the implementation of coercive measures to reform the existing system, to speed up a secret investigation legislation, conduct a secret investigation clearly defined legal and regulatory rationality and control; the other strategy is to strengthen the process of applying supervision.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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