Study On The "Double-Requirement" System Under The Procedure

Since the reform and opening up,with the continuous development of China's socialist democracy and legal system construction, the legal system with Chinese characteristics has been formed initially. For example, in the anti-corruption field, our country has formulated and revised many normative legal documents, and set up the anti-corruption and bribery bureau in People's procurator ate to investigate corruption case specially. In the actual operation link,the Central commissions for discipline inspection of CPC and the Ministry of Supervision of the PRC have released a series of the survey measures with Chinese characteristics,"Prescribe that Time and Place"and"Appoint the Time and Place"(Means the two kinds of investigative measures). The two kinds of investigative measures are produced in the specific historical background, and restrained the propagation of the corrupt phenomenon effectively. The two kinds of investigative measures are in accordance with rules in policy, and Party discipline and state law have regulations to follow, of both rationality and legitimacy. In dealing with corruption, foreign countries have mature experience, which embodied in legislation integration, establishment of institution specialization, powers expansion, and international cooperation of diversification.But the two kinds of investigative measures which have surprise effect in the anti-corruption field in our country. They are not judicial investigation measures basically."Prescribe that Time and Place"is a kind of investigation measures in Party,"Appoint the Time and Place"is a kind of administrative internal investigation measures. The two kinds of investigative measures all have uncertainties on the time limit of suspects'personal freedom, and the public are always questioning of them. In addition, the two kinds of investigative measures are lack of effective legal supervision. They may be prior to judicial investigation, and lead to confusion between the Party and the government administration.Despite the shortcomings, in order to bring the surprise effect of the two kinds of investigative measures into full play, and make them"legal", we can reform the counter-corruption judicial system under the condition of our country, learning from foreign advanced anti-corruption law theory (Including due process theory and special power relation theory). In my opinion, we can integrate the two kinds of measures and Procurator organization'measures, and take comprehensive legislative thoughts to formulate special legislation against corruption. We can set up special judicial investigation organization,cancel the existing three organizations'investigation rights without any limits of other organizations. We have to give the two kinds of investigative measures more extensive investigation rights and special investigation measures during the investigation process, just as the new"Double-requirement", which is defined in this paper and comply with the requirements of the law.So Double-requirement is not only a simple association, but the merger again under the legal procedure vision. Theoretically, content, property, function of Double-requirement different from current the two kinds of investigative measures and investigation of procurator organ. Speak from practice Double-requirement can is it investigate measure especially to use, there is special legal basis, specially investigated a kind of criminal judicial act that the organ implements. And make the special anti-corruption legislation in our country - -belong to criminal procedure law field, used for investigating, examining prosecuting, trying the procedural law of the corrupt crime case; set up special frustrating the investigation organization instead - -it is a judicial authority specially used for investigating the corrupt case which is under the jurisdiction of the National People's Congress.