New Research Of China's Current Procedure System Of Investigating Job-related Crimes

Job-related crimes are all kinds of criminal acts that staff members in charge of management functions of the state made for the reasons of abusing their authorities, or abusing their power for personal gain or dereliction of duty in the process of their work. Compared with other crimes, taking advantages of job-related Crimes is much more secret and of which the evidence is more difficult to be attained since the subject of this kind of crime is state staff members (often senior officials) and the crimes is taking place in the process of handling their functions. Moreover, the involved powers and interests are complicated. It is these characters that increased the difficulties and obstacles in the investigation as well as empowers the investigation of the nature of judicial supervision. Therefore, balancing and checking different powers in this kind of investigations are more urgent and necessary compared with other crimes' investigations. In the current situation, the allocation of powers in China lacks effective checking, which makes a lot of negative effects in investigations of crimes of taking advantage of duty at the same time resulting in new corruptions and confusions in criminal practice and theories. Furthermore, the good faith in the investigation is decreasing or even losing. In the recent years, there have been a lot of articles and books paying attention to the crimes of taking advantage of duty, but scholars making the research of investigation of Procedure System of Job- related Crimes are still rare. From this point, to discuss the problem on the whole is not only urgent from the aspect of theory, but also meaningful to judicial practice and legislation.Besides the introduction, there still are five chapters in the dissertation. The introduction part discussed under the environment of the proper procedure principle continuously seep in the whole societies, to balance stroke crime and guarantee human rights two greatest litigations purpose, reform current Procedure System of Investigating Job-related Crimes our country seems to be important.After the introduction, chapter 1 discussing the outline of the investigates procedure, the justification principle of procedure has already seeped in to the procedure of investigate, the job-related crime investigates also not exception. That includes the characteristics of job-related crimes investigation procedure, the requirements of the job-related crimes investigation procedure, and the principle of investigate procedure.Chapter 2 discussed the present condition and problem of job-related crime investigate procedure in our country. Including the start aspect of investigate procedure, compulsive investigate measure aspect and investigate means aspect and other aspects of the investigate procedure.Chapter 3 study the foreign job-related crimes investigation procedures comparative. Including two aspects, one is contribute to the protection of human rights criminal investigation procedures and the other is the special proceedings which contribute to the achievement of job-related crimes investigation.Chapter 4 discussed the value of the litigation on the part of the job-related crimes investigation procedures improve the practical significance.First is the present value that the job-related crime investigation procedure perfected. That is increasingly promoting socialist democratic politics, the demands of China's mode of continuous improvement reconnaissance requirements, criminal Proceedings effectively enhance the quality of the evidence requirements and enhance the legal awareness of citizens of an inevitable trend, as well as perfect the job-related crimes investigation procedures's legal significance.The last chapter of this article discussed how to perfect the job-related investigates procedure. Mainly Including the start aspect of investigate procedure, compulsive investigate measure aspect and investigate means aspect and other aspects of the investigate procedure. In order to attain the balance of stroke crime and guarantee human rights the two greatest litigations purpose.