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The Crimes Investigation Problems of legal supervision Perspective

Author: YuXin
Tutor: WeiYueNing
School: China University of Political Science
Course: Procedural Law
Keywords: Job-related crimes Detect Legal supervision Investigative measures Suggestions
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 157
Quote: 0
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Abstract


In recent years, with profound changes in the social, political, economic, cultural, social, under the influence of money worship, hedonism, used his position to conduct criminal case prone posture, job-related crimes have characteristics different from other criminal Dangerousness harmful to society, especially for the normal state power running order great harm to the people hate, and even evolution became the inertia of thinking corruption the main job-related crimes, regardless of any public events are generated behind Contact the corruption of power, the normal operation of the government of a country is very dangerous. Our party and country has always attached great importance to the blow of job-related crimes, the Constitution, the procuratorial organs as the only legal supervision over the institutions, and in the duties of the Criminal Law of the People's Republic of China \by the procuratorial authorities are responsible for investigating and handling, which shows the degree of attention. This is the international community, especially the developed democratic countries severely punish the duty crime behavior is consistent with the attitude. However, in a new round of reform of the judicial system, with the new Law on Lawyers, on the provincial People's Procuratorate investigation of the case by a higher People's Procuratorate decided to arrest (Trial) \the implementation of regulations and judicial interpretations on the prosecution functions of supervision has been strengthened, the protection of the rights of job-related crimes suspects, investigate and deal with special cases of job-related crimes investigation stage functional setting seems to lag somewhat behind. Legal supervision of Crimes Investigation nature of academic debate Majority hold a positive view. Crimes Investigation not only in the exercise of investigative functions, and in the performance of the prosecution of legal oversight responsibilities as a starting point and perspective, focusing on whether Crimes Investigation in legislation and practice with the ability to fulfill their legal oversight, legal supervision purposes. The author believes that the Crimes Investigation somewhat lacking in fulfilling the function of legal supervision, not in place. In the case of such a severe situation of corruption in China, we tend to heavy penalties are punishing corruption \relevant issues in the process of criminal investigation put forward opinions and suggestions. The paper is divided into five parts. The first part introduces the concept of the Crimes Investigation, the nature of the Crimes Investigation, exercise principles and significance, the Crimes Investigation development since China's reform and opening up, and on the two legal systems in the world countries and China's Hong Kong and Taiwan the provisions of the Crimes Investigation and institutions to set up, with the prosecution contrast, come to our reality and legitimacy conclusion Crimes Investigation functions given procuratorial organs. The second part of the job-related crimes investigation of the status quo in the judicial practice, focusing on the general problems encountered, from taking evidence, investigative techniques measures permission, legal proceedings, and supervision of the Crimes Investigation of the sort and generalization. Further draw Crimes Investigation inadequate attention, too restrictive conclusions. The third part of the issues raised in the second chapter from the point of view of the causes of legal supervision over the implementation of the place. Summarize in practice, the power must be subject to legal supervision, to strengthen the status of legal supervision of the procuratorial organs, procuratorial organs of legal supervision over specific functions reflected a lack of understanding of these three levels, it is likely to cause practice this or that issue. The fourth part respectively from legislative, operation, supervision itself, improve the quality are brought out some general comments and suggestions. Mainly include the introduction expand the powers of investigation of job-related crimes such as special investigation, to extend the deadline for handling other legal requirements; harness the power of the crimes committed such crime suspects can be reduced to a size suitable for protection of human rights on the basis of their personal freedom and property rights, the use of; on the process of job-related crimes cases effective way to amplify their effectiveness and impact, in order to establish credibility, establish the status commensurate with the legal supervisory authority, deter crime; supervision of their own to try to avoid \The team of prosecutors optimized build Crimes Investigation \The fifth part is the conclusion, some concluding remarks reiterated their point of view, organs for legal supervision in China - shouldered by the People's Procuratorate Crimes Investigation work to play to our strengths, to punish the crime.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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