廉洁测试的实践可能性与法律风险——关于美国职务犯罪特殊侦查方法的评价-法学专业论文.docxVIP

II II 廉洁测试的实践可能性与法律风险 中文摘要 目标和意义——打击职务犯罪和腐败行为。 关键词： 廉洁测试 随机测试 目标测试 证据规则  作 者：田思诗 指导老师：张成敏 The The Practical Possibilities and Legal Risks of Integrity Test Abstract PAGE PAGE IV The Practical Possibilities and Legal Risks of Integrity Test ——the Evaluation on the Special Investigation Method of American Duty Crime Abstract Integrity test is a new kind system design for crime and corruption. It originated in the New York City Police Department in America. Then it gradually expanded to the customs, taxation and other government departments in the fields of application. It is gradually adopted by the Anglo American law system countries such as Australia and Canada. Civil law countries have also taken a cautious attitude of acceptance of it. Most countries have issued the corresponding implementation details for its regulation, such as the New York City Police Department Integrity Testing Guide. These countries organize special commissions to evaluate the effect of integrity test in order to monitor these tests. Generally, integrity test is very effective to enhance the government integrity and combat duty crime , but in the process of implementation it is inevitable that there are corresponding problems. As a system design, integrity test has a dual nature. It not only can be used as a normal early warning mechanism against duty crime, collecting the probity extent data of related departments, and making up for the loopholes in the system, it also can be used as the special investigative means of investigation in duty crime cases. Integrity test is controversial because it has positive significance and various risks. On the one hand integrity test can increase the crackdown on crime and corruption, strengthen the civil servants deterrence, dilemma of the system and technology to solve the problems in the duty crime investigation. On the other hand, integrity test can lead to political risk due to political persecution, suffer psychological harm and morale of publi