On The Interior Restricting Mechanism Of Duty Crime Investigation And Its Perfection

According to some relative laws in China, the duty crime investigation power is enforced by the prosecutorial organs. So supervising and restricting mechanism of duty crime investigation, comparing to the cases investigated by the public security department which can be supervised and restricted by prosecutorial organs, has a deficiency of an important component. In order to prevent the appearance of phenomena which"supervisor will not be supervised", it is necessary to perfect the interior restricting mechanism of duty crime investigation and make sure that prosecutorial organs must comply with the legal litigation procedure. This is an important meaning to realization procedural justice substantial justice.This thesis is based upon the significance and the reality of the Interior Restricting Mechanism of Duty Crime Investigation in our country. The paper consists of five chapters.Chapter one is Brief Introduction to Interior Restricting Mechanism of Duty Crime Investigation. It defines the basic concepts such as"supervising and restricting","mechanism and system"and so on. Then it is also analyze the architecture and the status of the Interior Restricting Mechanism of Duty Crime which can be different from the other supervising and restricting mechanism.Chapter two is the theory analyze on building Interior Restricting Mechanism of Duty Crime Investigation. There are three points in the chapter. First, the necessity, argumentation from"the function of criminal process","the nature of the power","character of the investigation","reality of situation","judicial reform". Second, the feasibility. Third, the legal basement argumentation from"checks and balances","due process","human rights".Chapter three carries out a study on different models of Restricting Mechanism of Duty Crime Investigation. It includes the British and American Legal System, such as the UK and the USA, and Continental Legal System, such as France, Germany and Japan. This offers theoretical reference for the further perfection of Chinese Restricting Mechanism of Duty Crime Investigation. Western countries and China have the different restricting mechanisms, because they have the different values and orientation of lawsuit, judicial systems and the construction for criminal lawsuit. This offers us a more comprehensive understanding of the detective control system under different lawsuit constructions.Chapter four discuses the existing situation of Chinese Restricting Mechanism of Duty Crime Investigation. It is a all–round and detailed study on its origin, development, subject, content, mode. Then the author analyzes the advantage and disadvantage of the restricting mechanism.Chapter five makes a comprehensive analysis of the existing problems and the deep reasons in Restricting Mechanism of Duty Crime Investigation. The author also presents the"relative reasonable"suggestion for the perfection of Restricting Mechanism of Duty Crime Investigation, based on the situation of China, the characteristics of judicial mechanism, the models of criminal lawsuit and the reference of some reasonable and scientific factors in the detective control systems of other countries. At last the author presents his advice on how to detail, emphasize and improve our Restricting Mechanism of Duty Crime Investigation.