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Criminal investigation on bribery investigation of Local prosecutors
Author: LiangTao
Tutor: ZuoShuXiang
School: Southwest University of Political Science
Course: Legal
Keywords: Basic procuratorial organs Bribery crime Investigation difficulty Investigation of breakthrough
CLC: D917
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
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Abstract
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At present, mainly in the form of corruption and bribery. First anti-corruption and bribery is effective to prevent and combat bribery investigation depends on whether the powerful. Primary prosecution as the basic unit of China’s anti-bribery, bribery can effectively detect a direct impact on the overall effectiveness of prevention and combat. However, judicial practice, the basis of the prosecution investigation of bribery is not ideal for the effective fight against bribery, anti-corruption prosecutors to play a primary role of the foundation, the paper in the research, based on the collection of A County People’s Procuratorate from 2006 to 2010 bribery investigation of the data material, with factual data and analysis of A County People’s Procuratorate from the bribery investigation present situation, and then focus on analysis of the primary prosecution investigation of bribery exist in four areas of difficulties: First, the difficulty of their own bribery investigation large, there has always been "found difficult, hard evidence, qualitative and difficult" issue; second prosecution for bribery primary clues channels for less, lead sources, poor; Third, the existing detection measures can not meet the needs of bribery investigation ; Fourth, bribery is the most difficult to collect evidence, physical evidence and oral evidence of lack of volatility makes the evidence of the ups and downs of fixed. Theory and reality in our country for prosecution in the bribery primary investigation there plight, made the first clues to broaden the sources, do the preliminary investigation work; followed by a breakthrough in smart choice to open the investigation work situation, the options include advance breakthrough offertory to introduce the bribe people, or a near relative of the parties, including other crimes of bribery from the investigation to start; again using a variety of initiatives to collect evidence in the case, note that fixed the case against the suspect retracted; final investigative measures to use technology to win the first investigation machine. Finally, in view of the bribery crime in China ’s frontier issues of thinking, including perfecting the whistleblower protection system, the system of stained witness and bribery presumption.
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