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On the litigation philosophy of procuratorial organs in China anti-corruption work

Author: WangBuYuan
Tutor: WeiYueNing
School: China University of Political Science
Course: Procedural Law
Keywords: Anti-Corruption Bureau Litigation philosophy Criminal Policy Joint case handling Preliminary investigation of cases clues Within the party to consult reporting system The people 's supervisor system
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 145
Quote: 0
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Abstract


In this article, the authors based on the anti-corruption work practice, the theme established to strengthen the Anti-Corruption Bureau litigation philosophy and the major issues facing from multiple practice to start in-depth analysis and concluded. This article is divided into five parts. The first part of feasibility studies aimed at the historical heritage, the Criminal Procedure Law, the UN Convention against Corruption requirements Anti-Corruption Bureau in a separate lawsuit philosophy, pointed out that China's Anti-Corruption Bureau litigation philosophy and understanding of legislation and practice ambiguous issues; to start the second part from the Anti-Corruption Bureau unified grasp of the criminal policy and the law of the party's point of view, demonstrate the legal system corruption is simply asked the Anti-Corruption Bureau shall establish the supremacy of law in litigation philosophy; the third part start from the drawbacks of the Procuratorate, the Joint Commission for Discipline Inspection case handling, combined with the provisions on the functions of the Commission for Discipline Inspection, the procuratorial organs of the Party Constitution and laws as well as changes in recent years to demonstrate the joint case handling drawbacks of the model and historical stage, asked the Anti-Corruption Bureau should establish in accordance with statutory procedures in handling cases of litigation philosophy; the fourth part of this paper demonstrates the Procuratorate Anti-Corruption Bureau in the internal supervision system defects, as well as by the people's supervisor system compensate for the proposed Anti-Corruption Bureau should establish a scientific subject to external oversight of litigation philosophy. The fifth part of this paper pointed out the clues within the party in accordance with referrals to the hazard reporting system aspects of the misunderstanding and anti-corruption work, the argument within the party to consult reporting system check from the beginning of how to correctly understand the cases clues within the party to consult reporting system the intent and scope of the proposed at this stage should be read in conjunction with the Anti-Corruption Bureau in the exercise of independent judicial power, the concept of national conditions, establishment of flexible methods of operation; the research strength of China on Anti-Corruption Bureau is relatively weak, leading to relevant data is not easy to obtain, leading to this article argument data, the phenomenon of \Science basis is difficult to in-depth corruption agency set international practice it is difficult for the Comparative Study of universality, and so on. Well aware of these limitations, the author does not intend to emphasize that this article can be a complete and perfect the purchase of all litigation philosophy of the Anti-Corruption Bureau, but to start from a number of practical problems, to find a significant effect on the work carried out misunderstanding, and then the power to make able to analysis and appraisal with facts, can lead to a consensus to the maximum extent, and then come the most important element of several of the Anti-Corruption Bureau litigation philosophy, namely: the supremacy of law, handling cases in accordance with statutory procedures and accept supervision as well as in society in transition should have flexible operating consciousness. In summary, this is a courageous, focusing on the practice to slightly lose the papers of the method and system, it can provide for the present procedural law scholars on anti-corruption work from the front line of research material, and can simply represent the practitioners The general view of the direction of the anti-corruption work, and the broad-brush outline litigation concept model of anti-corruption work.

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