Reference and Adjustment: Constitutional Exploration of Bribery Crime Investigation Model
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D918

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    Abstract:

    Before the reform of the national supervision system, the analysis of the basic characteristics, appearance and anomie predicament of the investigation mode of bribery crime is of great significance and value to promote the investigation of bribery crime from legislation to practice in the context of the national supervision reform. The main manifestations of the investigation of bribery crime in China are the lack of independence of the investigative subject and the arbitrary expansion of the initiation of the investigation; the lack of independence and innovation of the investigative means; the limitation of the investigative object's defense right and the absence of human rights protection; and the relying on "Confession Centralism" and the accumulation of investigative logic. In the future supervision legislation and the revision and perfection of the Supervision Law, we should use the basic value of the current Constitution as the carrier, draw lessons from the reasonable core of the investigation model of bribery crime, explore the adjustment of the constitutional supervision mechanism, and provide guidance for the orderly and efficient implementation of investigation activities.

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黄鑫.借鉴与调适:贿赂犯罪调查模式宪法化探索[J].重庆大学学报社会科学版,2019,25(6):126~137

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  • Received:June 24,2019
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  • Online: September 21,2019
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