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Prevention of Duty Crime in the Interview System Research

Author: WangJun
Tutor: TangQingLi
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: Crime taking by advantage of duty The procuratorateinterviewing institution Non-litigation supervision
CLC: D917
Type: Master's thesis
Year: 2012
Downloads: 27
Quote: 0
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Abstract


The Chinese Procuratorate Departments’duties of precaution profession criminal is in line with the strategy of the Party and Nation’s anti-corruption, which is abrand-newnon-litigationwork.Theprocuratorate-interviewing institution, which has made a great progress in the past years. But generally speaking, the institution is still in the path of exploring period, and it is not so clear and complete as other procuratorate practices in the perspective of laws and operation regulations. As a new solution, currently, the procuratorate interviewing institution has so many shortages like low-level legislation departments, articles in principle, lacking of clear legality orientation, which results of in in-availability. There still has recognition misunderstanding, effect spot deflection and non-regulating operation for how to deal with the procuratorate work. On that account, this essay has made references to the interviewing experiences of the other industries, used empirical research method and deeply analyzed the real difficulties of the current precaution crime by taking advantage of duty. Through exploring the legal relations, processing, procedure, it tries to reconstruct the procuratorate interviewing institution from the procedure and substance level of China.This essay starts with analyzing the Habermas’CommunicationTheory, and comes out the interviewing institution is a single-communication of the indirection non-equality entities. The interviewing institution is the legal supervision for the no-litigation of the procuratorate departments, and it is a effective supplement for the anti-corruption, with functions of communications, information transaction, legality explanation, however, the institution confronts with problems of legal spot and outside procedure support.This essay discusses the entities, related person, content, rights and duties of the institution and the starting, time, location, space, method of the institution. It has set up the starting, processing and results, so that it has reconstructed preventing crime taking by advantage enforcement in practice. From the procedure level, it has issued that it should record in the interviewing, the interviewer should be professional and obey the principle of dodge while reconstructing the interviewing institutions in the procuratorate in China.

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