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Job-related crimes proceedings Research

Author: GuanBo
Tutor: HongDaoDe
School: China University of Political Science
Course: Procedural Law
Keywords: Job-related crimes Problem Special proceedings Perfect
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 109
Quote: 0
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Abstract


Job-related crimes have country-specific management functions for the staff engaged in official business, the abuse of power, abuse of power, dereliction of duty and the occurrence of criminal behavior. The phenomenon of job-related crimes is a national public power operation, alienation corruption, serious harm to the state organs, administrative order, against the integrity of the normal operation of the state apparatus and national staff positions is the most serious forms of corruption. Crimes committed in the objective concealment, the high duties of criminal subject, the characteristics of the power and diversity of interests involved, resulting in such cases' hard, hard evidence, the conviction is difficult, \poses a severe challenge. Since the implementation of the Criminal Procedure Law to modify the defects and shortcomings of the current job-related crimes proceedings in the design and operation have become increasingly apparent, job-related crimes proceedings at this stage to respond to the changing situation flawed to varying degrees in many aspects, mechanisms to protect a direct impact on the surveillance, the prosecution, trial organs of judicial functions effectively. Analysis of job-related crimes to the problems and deficiencies of the current proceedings, combined with China's national conditions, drawing on relevant overseas legislation and judicial practice, on job-related crimes proceedings in the legislation to revise and improve the scientific construction of the system, to promote job-related crimes investigation and handling of the smooth orderly. I combine many years of procuratorial work practice, the procuratorial organs handled directly on file for investigation under the jurisdiction of the proceedings of the crimes committed were analyzed to investigate and put forward their own views. This article is divided into five parts, three thousand words. The first part is an overview of the article, the focus is to analyze the basic concepts and basic knowledge. This section is from the content and features of the duties of criminal proceedings begin, an overview of the specialized agencies of the crimes committed under the jurisdiction of the division of functions, the division of stage of the proceedings and presided over the proceedings. The second part is the analysis of the current role structures and processes of the criminal proceedings, clearly show the complete process of the crimes committed from the admissibility of the clues to the final judgment of first instance, as the basis of the following section discusses. The third part is to ask questions. The main line to the process of criminal proceedings in our duties, analysis and discussion of problems and defects of the proceedings, the implementation issues to discuss legal protection for the investigation stage of preliminary investigation activities, normative filing procedures, investigative measures and detention measures; from the point of view of the evidence system, analyzes the standards of evidence, Lawyer the right to prosecute the impact on the burden of proof in the trial, the witness to give evidence and other issues for reflection. I combine the characteristics of the crimes committed in the fourth part, put forward the view that the establishment of crimes committed special proceedings. In this section from the statutory requirements of the program, the effectiveness of the proceedings to pursue criminal proceedings the international development trend requires three discusses the need for the establishment of special proceedings. The fifth part of the legislative suggestions for special proceedings for crimes committed. The author believes that the preliminary investigation should be perfect from the legislative system and the 'norms, given the full power of investigation of the procuratorial organs, detention measures to implement the right to refine the standards of evidence, and the development of uniform rules of evidence, crime wrong presumption and burden of proof upside down in our country, establish the system of mandatory evidence and criminal Disclaimer. Through these measures, building a sound, benign crimes committed special proceedings, and to adapt to the needs of modern justice.

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