Studies on the Mode of “Filing Based on Matter” of the Judicial Personnel’s Occupational Crime
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    Abstract:

    The case of judicial personnel’s occupational crime is a kind of difficult case of filing, detect and attaining evidence. Most of crime counts of this type of crime belong to consequential offense with features of exposure easily of crime fact and ascertain difficultly of crime suspect because of distraction of duty. For above-mentioned features, the procuratorate should change the traditional and single mode of filing based on suspect, and probe actively the mode of filing based on matter, it is better to combine the two modes in order to establish the final filing mode that the mode of filing based on matter is first, the model of filing based on suspect is second. Filed basing on matter is an inherent requirement of enhancing the investigating efficiency and reducing risk of handle-case. It is the key to promote the investigating mode changing from the mode of “from statement to proof” to the mode of “from proof to statement”. It is necessary to establish one principle of filing, assuring two conditions of filing and commanding three filing skills for applying efficiently the mode of filing based on matter.

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王昌奎,田维武,王勐视.司法人员职务犯罪“以事立案”模式研究[J].重庆大学学报社会科学版,2012,18(5):102~107

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  • Received:November 20,2011
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