The Research On The Right Of Official Offence Investigation

From the legal position of the organization of procuratorate and the procuratorial power to analyze, the problem on the right of official offence investigation, is both an important theoretical jurisprudence problem that demanded clarification and an important realistic problem for relating to the procuratorial innovation and procuratorial system's development. In 1997, after the penal law and the criminal procedure law to be enacted, the modern system of official offence investigation has developed to legality gradually. However the concept, the law quality, the law basis, the legal regulation, the juristic mechanism, the tendency on the right of official offence investigation and etc, still lacks certain reasonable position, still exists in practical and theoretical faults and conflicts, which has affected the right of investigation to develop well. Therefore it is necessary to take into the system research to analyze with scientific demonstration. For this reason, the text's aim is to discuss how to make final conclusion and perfect in the right of official offence investigation accurately about legal theory and procuratorial practice, and to give consideration about substantive law and adjective law, to perfect legal function, and to lay emphasis in renewing ideas and theories. The aim is to announce basis property on the right of official offence investigation and try to interpret. Chapterâ… the legal characterization on the right of official offence investigation The writer thinks, as the right of official offence investigation belongs to the right of investigation, the right of investigation belongs to the procuratorial power, the right of official offence investigation namely people's procuratorate is engaged in the official business that proceed with its official offence of to investigate, and is one of the most important contents of the current procuratorial power. Based on the above concepts, basis property on the right of official offence investigation , the legal property on the right of official offence investigation shows the procuratorate's legal supervision to all the state functionaries, shows the procuratorate's legal supervision.It's now expressed in a specific way at: The first, from the procuratorial system's origin and developments on the procuratorial system is the legal supervision. The conduct and actions procuratorial power belongs to the job crime of the one of the scopes investigates the power, belongs to with the innate character of the procuratorial power, the sex namely the demand that law direct agrees with to match of, its basic belong to the sex is a procuratorial power. Whether three power cent system or the argument a the procuratorial power for with first system descending needs to develop to become a kind of independent right, to realize to enforce the law, judicatory with obey the law of make roughly with inspect, guarantee the law unify, the exactitude puts into practice, the law direct comes to a decision to be used as important power in the procuratorial power can it an of the job crime investigates the innate character of the power belongs to the sex. In addition, exploitation put in our country, job crime in essence is a kind of power corruptly phenomenon, is the national office-holder at implement legal job of process into practice, abuse the national power, misappropriate the national property, that damage national interest, or exercise the job power the hour serious beyond the reach of law authorization result in the behavior that violate to the legal right in citizen, its endanger directly of is a national normal management order. Therefore, check a behavior for the job crime is to inspect the national office-holder to implement the job by law, together with common criminal case investigates to have the innate character differentiation, proceeding to make to the national power roughly with the behavior of the direct, is process that the behavior that the nation uses the forcible step, pass the judicial process a serious deviation for rectifying power exercising process inside, support the nation manage the order, with roughly power in power system, with rule of law power, take the direct enforce the law with the kind that judicatory impeach. The job crime case investigates, now it is in the organization of legal procuratorate all laws direct backing in the activity function, is an authority that various laws inspect the working talent to guarantees with the valid importance. This text mainly point out, the modern right of official offence investigation mode has come to a legal traditional model. The crime investigated the working talent to also experience from scatter about to develop concentration the crime of police's organization investigate the process of personnel's body, having the alignment concentrates turn of trend. The second, The legal basis of the right of the official offence investigation. Giving the procuratorate exercisesshows that the power is a modern procuratorial system to go through the way of doing institutionally. Law making the concerning the procuratorate with public security official's organization the allotment of the power, is an enactment that nation proceed according to each organization kind with adjustment. The right of official offence investigation and is not the exclusive power of the our country's procuratorate, the power has the existent basis.The third, the excellent installation on the right of Official offence investigation. Include in a specific way below several aspects: The first, The important complementation on the right of Official offence investigation. Suggestion compulsory the measure belongs in investigate the behavior, The suggestion should enlarge to investigate the behavior contents, should will inquire the victim, adjusting to take the thing certificate, book certificate, audio-visual data, search, congelation, recognize to belong to investigate with legal the behavior. The main establishment is special to investigate the power system, one is trying an establishment to negative investigate to exercise the special investigating the legal system. Two, establish the special system on the right of Official offence investigation. Three, the complementation on the jurisdiction of modern particular investigation. The writer emphasize that the establishment of the guiding system of attorneies. Chapter â…¡the pattern of legal regulation on the right of official offence investigation The writer thinks that we should reform and establish new mode on the official offence investigation, and should establish the mode that is in independently motion by law. The text suggests to establish new organization which include investigation, legal conductor, information management and crime prevention. Enhancing to establish efficiently and vividly mode of investigation conductor. Enhancing the job commits crime of investigate conductor and counterplan researches. Enhance to investigate commanding center developments. It is perfect to investigate to help to make mechanism developments, to establish scientific investigation measures with the information management mode, which includes the clues, information norm to turn to manage the system. The text suggests that it is necessarily to establish the specialized information data system and to establish the systematic information management, to put forward that the rules of law should allow the procurate to apply some technical means. We should pay...