Crimes Investigation Research

Crimes of taking advantage of duty are all kinds of criminal acts that staff members in charge of management functions of the state made for the reasons of abusing their authorities, or abusing their power for personal gain or dereliction of duty in the process of their work. They are very harmful not only to the government's management and structure, but also to the human rights. Since 70's of last century, this kind of crimes worldwide taking the forms of bribery and corruption and dereliction are more and more serious. Because of corruption, the debts of developing countries increased 30% at the same time the corruption among senior officials is also increasing. Facing the' situation, many countries strengthened the force against the crimes taking advantage of duty. To all the countries, the biggest problem they have to handle is how to investigate all kinds of taking advantages of duty crimes in time and effectively.Compared with other crimes, taking advantages of duty crimes is much more secret and of which the evidence is more difficult to be attained since the subject of this kind of crime is state staff members (often senior officials) and the crimes is taking place in the process of handling their functions. Moreover, the involved powers and interests are complicated. It is these characters that increased the difficulties and obstacles in the investigation as well as empowers the investigation of the nature of judicial supervision. Therefore, balancing and checking different powers in this kind of investigations are more urgent and necessary compared with other crimes' investigations. In the current situation, the allocation of powers in China lacks effective checking, which makes a lot of negative effects in investigations of crimes of taking advantage of duty at the same time resulting in new corruptions and confusions in criminal practice and theories. Furthermore, the good faith in the investigation is decreasing or even losing. In the recent years, there have been a lot of articles and books paying attention to the crimes of taking advantage of duty, but scholars making the research of investigation of this kind of crime are still rare. From this point, to discuss the problem on the whole is not only urgent from the aspect of theory, but also meaningful to judicial practice and legislation.Besides the introduction, there still are six chapters in the dissertation. The introduction part discussed the characters, nature and purposes as well as the international trend as tothis crime investigation. The crimes of taking advantage of duty have the characters that subjects are special, acts are involving duties, the crime results are serious, the crime means is secret, the developing trend is specializing and internationalizing. These characters determined that the investigation modes to this crime should be from individual to fact and the conflicts between investigation object and subject are acute. The current international trend to the investigation of this crime is as the followings: the society is paying more and more attention to the investigation organs of crimes of taking advantage of duty, the media is strengthening it interference to the investigation, the legal system about the crime of taking advantage of duty is perfecting, the international assistance is strengthening. These have provided us with a good opportunity of perfecting and developing our legislation and judicial practice of crime of taking advantage of duty.The first chapter, which analyzed the current situation and problems of investigation power of the crime of taking advantage of duty, followed the introduction. In this chapter, the issue that the investigative power of this kind of crime in China lacks independence, unity, the authority and the real supervision has been stated. As to the issue, I stated the principles and ways that can be used to perfect the investigative powers. The principles that must be established during the course of perfection include the principle of independence, unity, authority, judic...