Chen Shihe look out! Hidden in the new criminal procedure law three murder
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/Author:
Aaron Lewis
Chen Shihe look out!The three murder hidden the new criminal procedure law
In January 1, 2013, the new criminal procedure law formally implemented, before each big media here have accelerated to combat corruption report frequency, especially recently appeared in the "big eighteen" alternate member of the Central Committee of the provincial Party Committee Deputy Secretary Li Sichuan lightning Lok Ma, let a person feel the sudden approximation in the anti-corruption storm.
However, some not too clean officials still always enjoy it in the land expropriation and so on, where there is time to look at the Chinese history books for them, or even disdain the political report in one or two warning phrase, because impertinent utilitarianism drove them in the "investment" pull GDP single in sustainable "gains" huge "profit", who are willing to do this "not only win lose" the "sale", in the occasion who will look at hiding behind a curtain behind the discipline slasher......
Can be expected, some officials will be in no back to God as unlucky, and they have a scarlet cash into the heavy shackles.Officials Nanke dream is that everyone thinks he has consistently along the smooth water have a successful official career, that their own good luck!But even in the wind gallop officialdom can climb potential profit motive, or even be all eyes and all ears, it is just only his Sima is the first look, and I do not know Chinese dynasties fight corruption momentum not by individual boss can shield.Now history is about to become a reality, the risk is "The enemy approached the walls".Through the dust of history in anti-corruption Jianfeng fire flicker, is the so-called "people like iron, ruthless law".Implicit quenching sword light across the historical gunsmoke slightly appeared, the cool feelings seems to have been through the temple across the ages almost grassroots forced Pro people.
In the present, to combat corruption Liwei win the support of more than GDP!
And all of this, a few months before the revised criminal procedure law has buried the foreshadowing......
In March 14, 2012 the National People's Congress announced the second revision of the "the people's Republic of China Criminal Procedure Law" (hereinafter referred to as the "new criminal law") come into force on January 1, 2013, throughout the process, has three of the suspected of corrupt officials.
The new criminal procedure law, article seventy-third of the "residential surveillance shall create new styles".
And the law "for the......Crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution.""The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people."
Above the law content is some experts and scholars and lawyers have questioned the "secret detention".Professor Wei Fang had to "secret detention" and "special technical investigation -- the secret investigation" propose, and made some funny humorous comments on punctuation paradox in the draft, the draft for discussion by the review made a slight modification, but eventually, "residential surveillance" as suspected of corrupt officials a terrible nightmare hell is a masterpiece of the new criminal procedure law.In fact, it is difficult to find a comprehensive introduction and experience of "residential surveillance" reference in the criminal procedure law in other countries, or may be included in the bail and bail for a class, but its meaning is still the defendant in their own home -- home limited.Such as "criminal procedural law" the ninety-third, "the bail, can limit the defendant's residence......"Here, refers to "the court limited the defendant residence", rather than the procuratorial organs and the public security organs shall decide.Visible limit residence is not in order to facilitate the investigation in order to trial needs.Clearly, China's new criminal procedural law "residential surveillance" and be quite different.And out of his residence was designated "".
To their own do not know, whether can be defined as "their own homes" is puzzling.Especially the investigators to "not to notice" or notice is not addressed, more show a "secret detention" feature.
Secondly, the provisions of the new criminal law article 148th of the "technical investigation" mystery.
And the view of 148th statements: "the people's procuratorates in the case, the major crime of embezzlement, bribe bribe crimes and serious violations of civil power of body right use, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation......."Famous scholar Professor Chen Ruihua pointed out that in the "hidden" amendment to the Criminal Procedural Law in procuratorial organ wiretapping, "the power of secret investigation is no ground for blame, but once the abuse, will cause the fear."So it can be reference to other state regulations approved by the neutral party or the court, not to approve their own exercise the power of secret investigation.
The brilliant scholars of analysis and depth of concern did not stop the practice experience, discovered the new criminal procedural law "in article 148th of the technical investigation" means and measures will be hidden in the sleeve of the secret weapon, the legalization of secret investigation is the glint and flash of cold steel.However, many cadres of corruption involving corruption was unaware, but blame the scholars, lawyers meddling influence the legislative activities.
Thirdly, the new criminal procedural law thirty-seventh article on "defense" exceptions "quite creative".
The new criminal procedural law thirty-seventh provisions of the second paragraph: "the crime of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ."Visible, the related corruption involving corruption officials and can lose its lawyers in a long time because be isolated and helpless, be on tenterhooks in loneliness and fear.
The new criminal procedure law article three above very Chinese featured content is rack one's brains to kill, again and again, the law between the structure of a text span is big but before and after care, hidden hsuanchi.The space (designated residence time () to the period of investigation) and from the outside to the inside show interlocking killing techniques, is really Zhaozhao see blood, three soft against bribery personnel.Therefore, once the new criminal law which is a new anti-corruption tool, and seriously implement the alleged corruption of cadres, almost no one can escape.However, the threshold of criminal law on the crime of bribery five thousand yuan can be too low a disservice by, it makes a large number of officials for popularity as a fish escaped through the seine.
Can be expected, opaque procedures of criminal law the crime and criminal litigation low starting point not only make selective law enforcement has become the norm, and has greatly undermined the unity of the legal system and the principle of fairness.The open program does not follow the situation, officials returned to the logical starting point for this paper, namely the only life-saving straw is to seize his boss not to put.However, the anti-corruption storm, this straw can help, God only knows!
Death is a common occurrence, otherwise, will not be in the successive dynasties, historical juncture appears repeatedly with corrupt officials head for a new dynasty Liwei case.Of course, also There are plenty of people who don't want money, even if the emperor Zhu Yuanzhang of the Ming Dynasty with hate like poison; extremely ruthless cruel punishment of warning, still "not wild fire" fought the corrupt officials.
Although the new criminal procedure law, the disposal of bribery cases is full of mystery, deliberately plan, but if the deviation from the open sunshine law enforcement transparent, even set off the storm anti-corruption corruption, voice box operation still has the potential to provide "complain loudly about an alleged injustice" spreading rumors or opportunity for some full of iniquities of acts, which are intentionally or unintentionally create grievance more.
Can imagine, the crime of the officials in jail after and not really thinking of repentance, they are jealous and "envy" be still unpunished than other officials, only lament their bad luck; get off but in spirit, in be in a constant state of anxiety nightmare, be convulsed with fear in acute Cu tone scream and knock on the door at night in a police whistle, the body and the soul, no peace will!
Don't blame the legal person "zuilitiaodeng look at the sword", in fact, the land, "entertainment setups, merry always be the bully;severe tests go", a hero without looking, thousands of money.In other words, hundreds of millions of chasing "living not bring, bring death" wealth, life can endure?2000 years ago, the Buddha in the "six primary afflictions" issued a "Ring Ding Hui" Yu taught, now recalled this time through the eternal ring shown, seems to be too late!