An Anatomy Of Abilities Of Prosecutorial Organizations To Investigate And Control Over Duty-related Crimes

Prosecutorial organizations play an effective role on anti-occupational crimes through criminal investigating. However, the detection departments of prosecutorial organizations merely focus on the process of the discovery, disclosure and punishment after occurrence of duty-related crimes, but they usually omit their controlling function which is associated with the criminal investigation against duty-related crimes. In practice, in the course of investigation of duty-related crimes the prosecutorial organizations show a lack of abilities to certain extent, which causes a negatively influence on the effectiveness of prosecutorial originations over the anti-occupational crimes. Therefore, it is a valuable topic to closely watch the judicial practice, to criticize the deficiency of the abilities of prosecutorial organizations to investigate and controlling against duty-related crimes, and to discuss on the improvement of such abilities of prosecutorial organizations with a multiple view.The prosecutorial organizations shall not only focus on strengthening the abilities to discover and investigate duty-related crimes, but also shall improve the abilities to control over duty-related crimes in the course of detection of duty-related crimes, in order to effectively inhibit the intention of crime and to prevent the criminal consequence, and, as a result, the prosecutorial organizations can control the duty-related crimes at a early stage. By analyzing the current deficiencies of the abilities of the prosecutorial organizations to investigate and control the duty-related crimes in three aspects and their own reasons, the author puts forward a scheme for improvement of the discovering and investigating abilities and creation of the abilities to control over duty-related crimes, so as to bring benefits to effective inhibition of the trend which shows a possible high-frequent occurrence of the duty related crimes.In addition to a preamble, this dissertation includes the following four parts:Chapter One: General IntroductionBasing on the definition and characteristics of the duty-related crimes, the author points out that for prevention and controlling of the duty-related crimes a comprehensive control measure must be taken. Further, by analyzing the definition on investigating and controlling of duty-related crimes, the author clarifies that criminal investigation and controlling is an integral part of the comprehensive control measure against duty-related crimes. The author further points out that the prosecutorial organizations shall not only emphasize the discovery, disclosure and punishment after occurrence of duty-related crimes, but also they shall strengthen their controlling over the duty-related crimes when they are still on-going. The investigating and controlling abilities of the prosecutorial organizations against duty-related crimes shall consist of three aspects, i.e. the abilities to discover, investigate and control over the duty-related crimes.Chapter Two: Ability to Discover Duty-related CrimesFirst, the author comments on the definition and significance of the ability to discover duty related crimes. Thereafter, basing on the judicial practice, the author points out the factors such as deviation of the consciousness for discovery, blocking of channels for discovery, lack of platforms for positive discovery, which restrict the abilities of the prosecutorial organizations to discover duty-related crimes. Finally, the author recommends the channels for improvement of the abilities of the prosecutorial organizations to discover the duty-related crimes, i.e. strengthening of a comprehensive consciousness for discovery, smoothness of the channels for reporting, extension of the channels for discovery, construction of information sharing platform for discovery.Chapter Three: Ability to Investigate Duty-related CrimesBy analyzing the definition of the ability to investigate duty-related crimes, the author clarifies that such ability shall be measured according to the degree and speed of disclosing the duty-related crimes. Further, basing on the judicial practice, the author points out the factors, such as unreasonable running of the internal organs of detection departments, lack of professional investigators, out-of-date measures for criminal investigation against duty-related crimes, and incompletion of the evidence collection system, which restrict the abilities of the prosecutorial organizations to investigate duty-related crimes. Finally, against all restriction factors, the author puts forward the measures for improvement of the abilities of the prosecutorial organizations to investigate duty-related crimes: improving the working efficiency of the detection departments of the prosecutorial organizations, professionalizing the investigating teams step by step, allowing the prosecutorial organizations to apply technical detecting measures against duty-related crimes, and perfecting the evidence collection system.Chapter Four: Ability to Control Duty-related CrimesFirst, the author analyzes the definition of the ability to control duty-related crimes and clarifies the similarities and difference of controlling over the duty-related crimes and normal crimes. Thereafter, the author points out that the current status is that loopholes exist in the systematic construction of the abilities of the prosecutorial organizations to control duty-related crimes and the author also analyzes the causes thereof. Finally, the author discusses and comments how to establish the abilities of the prosecutorial organizations to control the duty related crimes. The author is of the opinion that it shall focus on three aspects, i.e. controlling of the behaviors of duty-related crimes, inhibiting of the intention of duty-related crimes and elimination of the opportunities of duty-related crimes.