Crimes Investigation Mode Theory

In the course of investigating the crime by taking advantage of duties, the positions of procuratorial organizations and the suspects are independent or even antagonistic subjects of litigation. The investigative structure of the crime by taking advantage of duties is referring to all the procedural institutions guided by the procuratorial organizations and suspects using their respective litigation powers under the guidance of relevant rules of action after starting the investigative procedure. Viewing from perspective of litigation structure, the so-called crime by taking advantage of duties entails, in fact, the subsequent factors: the subjects of action when the crime being investigated, which means the subjects of litigation of both the procuratorial organization and the suspect; litigation powers in the process of investigation, i.e., the power of the procuratorial organization and the right of the suspect being investigative pattern; litigation rule which chiefly negotiates encounterment or conflict of mutual interests and powers between the procuratorial organization and the suspect so that the due right of the suspect is to be protected; the internal and external restraints employed for the pattern of litigation when the crime of taking advantage of duties being investigated, which is a mechanism used to underline the internal restraint and external supervision as to normalize prosecution of the investigative power for the purpose of verifying impartiality of justice.In ancient dynasties in China, under the idea of "punishing the officials of embezzlement by the severe code ", it emphasized on the power of inquisition of the investigating organization, only regarded the inquiring officials as the object of inquisition and was the character of dictatorship in the action of inquiring. Although the subject of the suspect in legal action has been regulated by the existing criminal procedural law of China, its the position comparatively is lower than the procuratorial organizations. In the course of investigating the crime by taking advantage of duties, the power of investigating which relies on the forced power of country is obviously of inquisition, it really reflects the characteristic of the legal system in European Continent. Modern patterns of investigation, in general, are generally dichotomous: functional and accusatory. The former derives from the feudal inquisition that can be lineated in the history of legislation in European Continent. The latter is somewhat to the adversary system used in Anglo-American law system. Dialectically either functional or...