Research On The Problem Of The Integration Mechanism Operation Of Official Offence Investigation

It is the procuratorial organ's statutory power in China to investigate the official offence. On the condition of the new official offence trends and the special investigative measures restrictions of the Criminal Procedure law on the procuratorial organ, it is an urgent need for the procuratorial organ to find a new way of handling cases and reform the investigation mechanism. As an organization principle or a system arrangement of the procuratorial organ, the integration mechanism of investigation keeps with the integration trend of the times .And the integration mechanism of investigation is also the procuratorial organ's profoundly grasping the regularity of investigating the official offence and the mechanism innovation.Certainly, any mechanism operation can bring about the best social benefits only at the internal and external coordination. From the content and methods of operation, as the integration mechanisms of investigation break a procuratorate's handling the cases alone, vertically the integration mechanisms of investigation breaks through level of the jurisdiction, horizontally oversteps the territorial jurisdiction. With the provincial procuratorate as a leader, the city procuratorate as the main body and the grass-roots procuratorate as the basis for the efficiency of the process, the integration mechanisms of investigation show the form of diversified investigators.The legal system establishment and regulation of each level and participant's status, functions, powers and obligations are understood unclear. Although the establishment and operation of the integration mechanism of investigation have theoretical support, the legal basis, and also immediate needs, the protection, in practice there is a large distance from the design of the ideal state. In the integration mechanism of investigation, there is a not -smooth management system, sluggish mechanism operation, uneven distribution of power, ineffective internal coordination, funding difficult to maintain, often jurisdiction controversies, and so on. In particular, the leadership of the procuratorial organ between the lower and the higher level as the institutional advantages of investigating the official offence has not certainly landed on feet, as a result of the person, the wealth, material local management system exist. And so the separate establishment of investigating agency is outdated. The investigation integration mechanism is feasible in theory and is urgently needed in the practice, but is not easy in the operation. Because it is necessary to remove all obstacles to the horizontal and vertical obstructions, which incorporates both the institutional and legislative perfection, and also includes mechanisms to rationalize and regulatory issues; there were a partial implementation issues, also includes global unification problem, so it can not be in a certain region that will be able to fully realize the problem, nor is it a system that can solve the problem.How to solve the problems about the integration mechanism operation of investigation and to overcome obstacles on the road will make the integration mechanism free from institutional barriers, mechanisms restraints, institutional obstruction, guaranteed distress and legislative defect. On the basis of following operating principle of the investigation integration mechanisms, we should absorb and use the rational core of foreign procuratorial integration for reference, perfect the leadership system, institutions, mechanisms and systems, and legislation, form the investigation integration mechanism which is a strong vertical command and horizontal collaboration closely, operates orderly and efficiently, and comprehensively improve the overall investigative capability of procuratorial organs.