On The Investigation Power Exercising In Bribery Case

The crime of taking bribes, with a long history, has been one of the types of crime combated by all nations severely. Since the founding of New China, our government has been clear-cut stand against bribery crimes.With the constant deepening of China's reform and opening and the economic-socio development, people's mind has emerged in a wide range of features.At the same time, money worship is rising and overflowing. Many unfavorable factors which are likely to cause bribery crime have appeared, resulting in bribery crime becoming an increasingly important factor as it influents the normal operation of the economy and damages the party and government in the eyes of the people.For these, it is necessary to enhance the investigation and punishment of bribery cases.In recent years, for investigation and prosecution of bribery cases, all have been developed and achieved a food result as either the anti-corruption team building or whether bribery against the formulation of relevant laws and regulations.But the crime of bribery is not always the same. With the deepening of reform and social development, crime of bribery has many new situations and new trend, however, the law is relatively backward, investigators'own quality is also slightly not enough.All of these will have a direct impact on the function of the Procuratorial Organ for the investigation of crime of bribery.Power of investigation should be entitled to conduct the investigation right of the main activities to enjoy such special powers.In fact, the power of investigation is both the executive power and judicial power. More than that, the nature should be varying with different nature of the main character of the investigation right. Therefore, the power of investigation for the bribery cases have the right to legal supervision because its main body is the state organ and the oragn is special supervision organ. Of course, as the power of investigation for the bribery cases also has the differences with other power of investigations because it has its own features: investigation of the main specific;investigation is generally thought "from the matter to people", "from confession to confirmation" and investigation process is complicated.If we analyze the existing legal provisions and investigation practice comprehensively, we can see that there are many factors which can influnce the improvement of the ability of the investigators,such as their own reasons, the law of the defects and the lack of special investigative measures.The investigators'quality is not high,hence they can not adjust to the new situation of the bribery development. All these are manifested in old ideas for handling cases, low level of professional respect. Moreover, laws concerning the elements of the crime of bribery,as well as to define the scope of bribery and corruption, also can not adjust to the development trend of crime;and the lack of special investigative measures is the main obstacle to the exercise of power of investigation.In order to solve the problems in exercise of the right of investigation of bribery, as the front-line officers investigating cases of bribery investigators, when they handle the case,they should obey the protection of human rights principles, improve their professional level and follow the professional principles.In law regulations, "making benefits for others"should not be the elements of the crime of bribery in receive type and and replaced as an important sentencing circumstances.Bribery should be extended to "undue advantage"and so on. Special investigative measures should be clear and also should set strict principles, the use of subject, using the procedures and approval procedures.Finally, suspects admitting their guilt, press releases of big cases, taken off the cases and the investigation stage of the evaluation of handling the business aspects should be given an overall consideration and related systems and measures should be gradually established and improved.