The Reformation And Improvement Of Investigations Into Official Crimes

Among the patterns fighting against corruption in China today, the procuratorial investigations into official crimes committed by government office workers are fundamental, and they are playing a very important role in taking strong measures and guarding against various kinds of corruption among government functionaries. Because of the restricted conditions inside and outside the procuratorial organs, their investigation authority is not expectedly brought into full play in punishing and preventing official crimes. Thus the investigations are more or less behind the expectation of the Communist Party and the people. One of the most important causes is that the exercise of the investigation authority is restrained by many factors. In this paper, the author inquires into the limiting factors and the reformation and improvement of investigations into official crimes.In the light of the characteristics of investigations into official crimes and the investigation patterns of foreign countries, the paper gives a deep analysis into the major limiting factors of current investigation situation. The first one is that the laws and regulations in effect are not perfect. For example, the procuratorial jurisdiction to investigate into official crimes is strictly restrained, the procuratorial authority is incomplete, and the reporting system to take compulsory measures to deputies to the National People's Congress is unperfected. The second is that the present double-leadership system limits the investigation authority to be practiced independently and legally. Third, the working procedures of the national procuratorial system, such as the irrational setup of organizations, the lack of talented investigators and material supplies, restrict the healthy development of the investigations into official crimes. Finally, the irregularity in the procurators'exercising investigation authority has had some negative effects on the investigations into official crimes.In view of the present situation and in order to fight against corruption to a greater extent, the author makes clear his opinions to reform and improve the investigations into official crimes: to amend the laws and regulations concerned, to reform the leadership system, to perfect the working patterns and to exercise effective supervision. It not only makes some legislative advice which is theoretically valuable, but also offers some referential suggestions for the practice of investigating into official crimes.