The reform of criminal procedure of corruption cases in China

被引:0
|
作者
Peng, Xinlin [1 ]
机构
[1] Beijing Normal Univ, Chinese Criminal Law Res Inst, Beijing, Peoples R China
关键词
Corruption crime; anti-corruption under the rule of law; criminal procedure reform; united nations convention against corruption;
D O I
10.1515/ijld-2018-2006
中图分类号
H0 [语言学];
学科分类号
030303 ; 0501 ; 050102 ;
摘要
In order to achieve fundamental results in punishing corruption crime, we should adhere to the legal anti-corruption pattern, advance with the Rule of Law, and make anti-corruption standardized and institutionalized. The bottom line is that we should reform and improve the criminal procedure for corruption crime in China. Problems in the current procedure for corruption crime mainly include: the presumption rules for corruption crime have not been established, the absence of stigma witness exemption system, the witness protection system, the investigation jurisdiction are not perfect, the supervision of investigation is weak, the lack of absentee trial system for corrupt crime, the non-institutionalization of off-site trial, technical investigation measures may be abused, and difficulties in person sought for corruption and asset recovery. To reform and improve the procedure for corruption crime in China, it is suggested that special procedures for corruption crime be set up as appropriate, relevant contents of the United Nations Convention against Corruption (UNCAC) should be reasonably absorbed, and efforts should be made to promote the institutionalization of the reform achievements in criminal procedure of corruption crime.
引用
收藏
页码:33 / 49
页数:17
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