| For our current field of criminal reward problems. Hope this through with small see big way,start with two micro case, issues related to the system of criminal reward in the startup system systematically explained. In the article cited two cases and criminal reward start between the subject and the scope is very vague, no one can refer to the specific standards, lead to the fairness of the masses of the handling capacity of the criminal investigation authorities and our country criminal investigation have been questioned. This paper tries to figure this problem, establish a "in accordance with the terms of reference, according to the application of criminal reward binary subject starting system.By analyzing the existing problems in the system of criminal reward start analysis, thus the legal nature of the criminal reward of the definition, the present stage for the establishment of China’s national conditions and adapt to start criminal reward system provides theory basis, this paper thinks that the criminal reward to be one kind of criminal judicial behavior, rather than simply for civil conduct, the different nature of the case were treated, and the code of criminal reward starting form, for different types of cases are looking forward to establishing "ex officiousness, according to the criminal subject of offering a reward of two yuan for the startup mode, at the same time to demonstrate the related issues under the mode of starting two yuan subject of criminal reward, in order to solve the problem of criminal reward start help.The first part: the summary of the case and the focus of controversy. Firstly aiming at the problems appeared in the judicial practice in our country criminal offer of a reward for process,the selection of the two with typical cases, which leads to our country criminal reward ambiguous legal nature, start the main lack appropriate regulation, and start the system does not regulate the status quo.The second part: the related theory of the criminal reward. First of all, the legal nature of the reward is analyzed, and then the legal nature of the criminal reward is further clarified, which provides a solid theoretical basis for the establishment of the criminal reward system.The third part: analysis of the current situation of our country’s criminal reward. Through thehistorical evolution of China’s criminal reward, and relevant laws and regulations to sort out, clear the necessity of the existence of the criminal reward, as well as the need to regulate the subject of criminal rewardThe fourth part: it puts forward suggestions on the construction of two yuan main body starting mode. Including according to the authority of the investigation authorities start with the victim to apply for the two start mode, and to improve the whole system of criminal reward recommendations. |
