Mechanism Of Integration Of Investigation Duty Crimes

The supreme people's procuratorate in November 1999 concerning the procuratorial organs issued against corruption and bribery work certain question decision "requirement," aggrandizement superior procuratorate of lower procuratorate against corruption and bribery investigation leadership in the work of command system, establish and perfect the investigation, gradually formed fluctuation integrated, information flow, command powerful, coordination and efficient investigation operation mechanism. To give full play to the supreme people's procuratorate and provincial-level procuratorates in investigation of coordinated command role. The need for several procuratorate jointly investigation or need unified deployment of scouting major cases, may establish handling organization, by the supreme people's court procuratorate or provincial procuratorate unified command." This is the highest outline of procuratorial organs by investigating crimes integration mechanism basic framework of the earliest normative documents. Then the highest inspection issued the procuratorial reform three-year implementation opinion ", "on strengthening malfeasance infringing decision of procuratorial work, the people's procuratorate investigation pool interim regulations of the people's procuratorate, the duty crime singling investigation command center work provisional regulations, the supreme people's procuratorate about Elaine great and complex case work duty crime prescribed", "about a people's procuratorate investigation of collaboration provisional regulations on file for successive investigating crimes integration mechanism of content made comparison specific provision. And directs the duty crime investigation department also according to the highest inspection requirements boldly to explore, and has obtained the certain effect, but also discovered many influence investigating crimes integration mechanism smooth running factors. Based on practical departments there exist some problems, and put forward the corresponding reform consummates measures.Except the introduction and conclusion outside, this paper consists of four parts, a total of around than 36,000 word.The first part is overview, mainly including the definition, history, theoretical basis, the basic connotation, function and operation principles segments. This part of current mainly in theory and practice for the existence of investigating crimes integration mechanisms of different concepts comparing reference to its concept is defined. While investigating crimes integration mechanism as an emergency mechanism, from its initial prototype to practical departments of exploration, is all according to the "criminal procedural law" and the biggest inspection issued by the relevant documents, the author reviews the development evolution. Theory and basic part mainly divided into the philosophical foundation and legal basis to two parts. Besides, this part is briefly introduced the duty crime investigation integration mechanism should obey strictly in accordance with the principle of unified command, cooperatively and cooperate closely with principle.The second part is investigating crimes integration mechanism of main contents and operation mode. First of all, clear investigating crimes integration mechanism includes case clues management, the establishment of investigation command center, investigation collaboration, reconnaissance talent management and investigation care. Secondly, for investigating crimes integration, the operation of the mechanism for specific, by establishing case clues, to realize information sharing information, At the same time to have achieved case clues for classification management, facilitate overall command. For investigation command center should be in accordance with the needs of the blow duty crime set and clarifying its function orientation. Investigation collaboration mainly includes the procuratorate across the region between and within the same procuratorate between different sectors assistance. Investigation safeguard included talent guarantee, equipment safeguard and funds safeguard.The third part is the duty crime investigation integration mechanism in the main problems existing in the operation. The author of the interview and questionnaire way to realize, presently influenced investigating crimes integration mechanism smooth running of the main factors which have system reasons, concrete including investigation permissions dispersed, investigating crimes by local socialist severely affected. Directs the duty crime investigation department as blow the subject of duty crime, its distinguish procuratorial are protected by law. But practice is often the existence of disciplinary inspection, supervision department when exercising their functions and powers, and personal abuse administrative power, leading to the position of procuratorial departments exercise affected distinguish procuratorial normal. But in investigation command center on the establishment and positioning function position procuratorial departments are existing differences. Based on the questionnaire way to realize, in the survey investigators in nineteen people think investigation command center only command, and will not participate in specific handling, and have the people argue that both 31.6% should command and should specific detection. Visible, regarding this, practical departments still exist differences. But in investigation collaboration, reconnaissance guarantee there still exist many problems, which became the restriction of investigating crimes integration mechanism smooth running of obstacles.The fourth part for investigating crimes integration mechanism consummation conception. According to this article in the third part of existing problems, the author thinks that should weigh the advantages and disadvantages of mechanism involved procuratorate and the investigator's comprehensive considerations relevant interests, as far as possible to gain the equalization and maximization. Because any system reform consummates must be gradual, and had better able to get practical departments of positive response and support. Therefore, in the reform consummates part, the author puts forward the leadership system reform, through the pilot projects established under the provincial leading vertical relationship, straighten out the authority, the relationship between the push of investigating crimes integration the mechanism smooth operation. While in distinguish procuratorial aspect, the author established the duty crimes investigation board, integrate scattered investigation permissions, the greatest degree of concentrated force hit the duty crime investigation. Investigation should be clearly in the command centre, city, state court for establishment, maximum satisfy cohesion superior procuratorate and guide the handling of the lower procuratorate needs. Also, for the investigation of command center functions according to the highest inspection requirements clear for only the macroscopical coordinated command, rather than specific case investigation. For investigation collaboration, investigation protection also carries on the corresponding reform consummates.