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The Study On Monitoring System In Occupati Onal Crime Investigation

Posted on:2015-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:W WuFull Text:PDF
GTID:2296330452956352Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The essence of crime and crime investigation is a kind of concomitant social andhistorical phenomenon. The fundamental value of crime investigation is strike and punishcrime, protecting the social order and security in every country. Based on this, every timethe evolvement of crime can cause a tit-for-tat response to national criminal investigationpower in methods. Investigative techniques with a higher level of technology werecommonly used in the world which are in order to improve the ability of control crime andto protect the right of citizens. Therefore, monitoring is generally used as a criminalinvestigation measures all over the world. In judicial practice, montoring also because ofits technical, secret and mandatory features has to make up for the shortage of traditionalinvestigative techniques and to combat a particular type of crime which reflects its strongadaptability and high efficiency.Corruption means public officials take advantage of their position to act occupationalcrime which has been a cancer to the country and society since ancient times. Corruptionhas a serious impact on the normal operation of the social and political system, a seriousobstacle to the implementation of national policies and a serious damage to thecitizens’ legitimate rights. In recent years, changes in crimes accompanied by economicand social transformation of our country, also showed more complex network, moreintelligent methods and more secret behavior. The more experiences of anti-detectionand anti-trial are, the more challenge of the prosecutor will face. Therefore, it is necessaryto practice monitoring in occupational crime investigation. In other countries, monitoringis not only used as a measure of criminal investigation in serious criminal crime cases, butalso widely used in the investigation of occupational crime cases. The effect ofconventional investigative technique are not very well, the prosecutor must be given somespecial investigative measures which are respond to the special needs of crimes investigation and the inevitable choice to fulfill international conventions. The revisedCriminal Procedure Law has clearly given the right of technical investigation toprosecutors in2013. The right illustrate that the technical investigation measures can beapplied in major occupational crime cases. Although the technical investigation measurescan be applied in prosecutor’s investigation, but for specific projects of technicalinvestigation measures, the procedures of technical investigation measures, evidencecapability and other issues were not clearly defined.Therefore, this article obtains from the definition of monitoring, by studying theapplication and problems of occupational crime in our country, drawing on extra-territoriallegal regulation monitoring system, combining with applicable procedures, evidence andlegal application in occupational crime investigation, and in order to provide some usefulsuggestions. The essay can be divided into four chapters: the first chapter is about thecharacteristic and necessity of monitoring, the second chapter is about the constraint ofmonitoring in the present occupational crime investigation in China, the third chapter isabout legislative study of monitoring abroad and enlightenment. And the fourth chapter isabout the system construction of monitoring in occupational crime investigation in ourcountry.
Keywords/Search Tags:montoring, occupational crime, investigative measures
PDF Full Text Request
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