Study On Preliminary Investigation System Of Crimes By Taking Advantage Of Duty

The investigation of detecting duty crime has objective features in many elements compared with ordinary criminal cases, and the mode also has a certain particularity. From the purpose of setting up preliminary investigation, comparing the core elements of preliminary investigation and detection, and from the whole perspective of view of criminal case, preliminary investigation has obvious features of legal action. Preliminary investigation is essentially a find-proof proceeding of the judicial investigation.Preliminary investigation is the practical product of prosecutor's long-term handling the case, which is necessary in practical. However, the uncertain legality of preliminary investigation cause unclear inherent in the initial investigation stage to obtain effective evidence. The existing measures are difficult to achieve effective investigation and prosecution of criminal cases, while preliminary investigation is also lack of supervision mechanism.In order to achieve the original purpose of the establishment of the judicial process, it should be for the preliminary investigation to establish the operating principles to be followed. The principles run throughout the entire process of preliminary investigation, which reflects the purpose of preliminary investigation, reveals the basic features of value. Including legitimacy principle, necessary and appropriate principle, and the principle of control and regulate power, confidential principle, and timely procedure principle.Since the reform and open policy, China is taking efforts to advocate the spirit and values of "rule of law", and have made "the rule of law" upgrade as a basic strategy of governing the country. In order to restrain the expansion of national criminal jurisdiction and protect the rights of parties in a suit, criminal suspects and the accused, all involved should be confirmed in terms of configuration state judiciary and criminal suspects and defendants on matters of major interest in security. China should take the opportunity of amending the "Code of Criminal Procedure", in light of similar provisions of foreign law, confirm the nature, content and legal status, regulate preliminary investigation procedures and obtain the legal effect of the material in the preliminary stage of preliminary investigation. First, a basic system of the preliminary investigation should be established in the "Code of Criminal Procedure". The "People's Procurator ate Rules of Criminal Procedure" should be upgraded into the Code of Criminal Procedure, by the judicial interpretation up to the legislative level. The legal status principles, conditions, procedures, measures, the right to supervise and other content, and preliminary investigation to determine the measures used in the procedure and the "Code of Criminal Procedure," Furthermore, through the improvement of judicial interpretation and giving full scope to it, the implementation of the investigation process in solving practical problems. From a more favorable long-term plan to combat such crimes, we should establish the "anti-Duty Crimes Act," a set of preliminary investigation proceedings included in this law.