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On the improvement of procuratorial powers in the anti - corruption cases

Author: MaoLinXuan
Tutor: XuLanTing
School: China University of Political Science
Course: Procedural Law
Keywords: Corruption Prosecutorial power Special investigative Tainted witnesses Public Interest Litigation
CLC: D926.3
Type: Master's thesis
Year: 2008
Downloads: 135
Quote: 0
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Abstract


Prevention and Punishment of the crime of corruption, to establish an efficient, clean government and civilization, the rule of law is the common goal of the international community. In order to promote international anti-corruption cooperation, the United Nations Convention against Corruption \China's anti-corruption work, the main body responsible for anti-corruption investigation, prosecution is the prosecution. Anti-corruption responsibilities, with the procuratorial organs exercise to make it more efficient and effective fight against crime and corruption, we should improve in accordance with the Convention requirements and spirit of relevant legislation. The prosecution in the first chapter of the United Nations Convention against Corruption and China's procuratorial organs in the anti-corruption cases in terms of an overview description of the background of the Convention, the purpose and role, and our anti-corruption cases terms of reference of the term to describe the context of the Convention, which is in need of improvement. Chapter II of this article in accordance with the provisions of the United Nations Convention against Corruption, the analysis of why the prosecution as a specialized anti-corruption authorities, rather than prior to the establishment of a system similar to Hong Kong's Independent Commission Against Corruption (ICAC), followed by the prosecution as a specialized anti-corruption authorities need to institutional reform and improve the Chapter III of this paper to the procuratorial organs in some of the terms of reference of the investigation, prosecution-based divided into three parts discusses the hope to improve the recommendations on the prosecution in the anti-corruption work in some of the terms of reference. The first part of the procuratorial organs of the special investigative, according to the provisions of the Convention and the lack of current anti-corruption investigative techniques, the proposed idea of ??the perfect right to anti-corruption investigation of China's procuratorial organs; second part procuratorial organs tainted witnesses in corruption cases can not afford to improve the problem of the right of appeal against the procuratorial organs at this stage to obtain hard evidence of corruption cases of the phenomenon, and discusses the necessity and feasibility of the forensics problem to solve by the procuratorial organs tainted witnesses not to prosecute; third part deals with corruption asset recovery . \Corruption criminal suspects, the accused Escaping aboard, to obtain criminal effective judgment can not be a criminal trial in absentia, the prosecution filed public interest litigation to obtain civil verdict can obtain the cooperation of other countries, to address the recovery of corrupt assets.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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