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On the Legalization of Secret Investigation into Job-related Crimes

Author: ZhuDeLiang
Tutor: JiangFeng
School: Shandong University
Course: Legal
Keywords: Job-related crimes Secret investigation Constraints Rule of Law
CLC: D917
Type: Master's thesis
Year: 2009
Downloads: 47
Quote: 0
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Abstract


With the era of progress and development of all kinds of of intelligent crime and high-tech crime highlights for the case handling services become an urgent need in the current situation, how to make full use of technical investigative techniques. In the rule of law within the sector, with a secret investigation of the characteristics of the invasive procedures should not only reflect the legitimacy, but also to achieve the balance of the effectiveness and legitimacy of the secret investigation measures. In Western countries, the investigative techniques of the investigative organs began increasingly to the development of technology and highly secretive direction. However, in our country, the legal norms of the secret investigation and detection practice extremely disproportionate, there are many issues to be legal regulation. Currently, scientific and technical means for prosecutors investigating corruption, bribery, malfeasance and other crimes committed is particularly important. Judicial practice, due to the influence of various factors, the secret investigation of job-related crimes have not been given due concern and attention, the lag on the legislative level, no laws, and a practical level confusion hampered but bear tort the risk to the current investigation of crimes committed has brought extreme embarrassment. In this paper, combined with the author working practices Analysis of the idea of ??some of the issues related to the investigation and handling of crimes committed in the use of secret investigative techniques in the investigation legislative elaborate and secret investigative measures in respect of the prosecution in five parts. The paper is divided into five parts: The first part of the job-related crimes secret investigative measures are introduced, combined with the practical work of the secret investigative techniques to classify, pointed out some misconceptions Crimes Investigation work in secret investigative measures, analysis of related concepts. The second part of the main characteristics of the job-related crimes, a unique effect of the secret investigative techniques, the United Nations Convention against Corruption requirements aspects of secret investigative techniques for the importance and necessity of investigating crimes. The third part examines the common law, civil law the national secret investigation systems and regulations as well as principles embodied in, and learn from the Hong Kong Independent Commission Against Corruption (ICAC) secret investigation experience. The fourth part of the evaluation of job-related crimes the secret investigation system status quo, expounded China's legislative lag mainly from the institutional level as well as practical aspects of the investigation, and the chaos of the secret investigation of objective reasons for the lack of effective supervision. The fifth part is the focus of this article aims to analyze the comparison, and learn from the premise, to explore how to achieve the secret Legalization, limited to the subject of the secret investigation, Scope transformation as well as the supervision of the secret investigation evidence, secret The investigation proposed legislation idea.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminology
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