On The Right Of Investigation Of Official Offence

In China's criminal procedure frame, the investigation is one of the three (investigation, prosecution and trial) major stages of the criminal procedure. According to China's current constitution and law, the procuratorial organs shall exercise the right of investigation of official offence, and the procuratorial organs have the right to investigate the official offence as corruption and malfeasance. At present, China's legal theoretical circle has a greater dispute regarding the right of investigation of official offence; at the same time there are many problems about legislation, system or judicial practice in the course of the procuratorial organs to exercise the right of investigation of official offence. The correct scientific understanding and rational allocation of the right of investigation of official offence is very important practical significance for the procuratorial organs to exercise proper investigation of official offence, to seriously deal with corruption, bribery and other serious official offence, to promote China's anti-corruption struggle.The thesis of nearly 30000 words consists of four chapters, which discuss the right of investigation of official offence comprehensively.To study China's right of investigation of official offence, it is the premise to understand the attribute of law .The status of the right of investigation in criminal proceedings decide the attribute of law, and the attribute of the investigative right also determines operation rules of the investigative right. About the concept of the investigative right and the attribute of law, China's academic circles have different views, consisting of the executive power, judicial power and the double attribute. Similarly, about the attribute of the right of investigating official offence, China's academic circles have different views, consisting of the executive power, supervise power and judicial power. The author believes that the understanding of the legal attribute of the investigative right should be based on the local legal system and judicial practice, and analyzes its function of litigation and legal status from the perspective of criminal proceedings. China's right of investigation of official offence still belongs to the right of investigation, also belongs to judicial power, and is in no way different with public security organ's criminal investigative right.Of course, under the prerequisite of the theory based on local law and fundamental realities of our country, we should learn from the world's useful experience and results for our use. Looking at the world's most countries, the right of investigation of official offence is exercised by the procuratorial organs, and full displays procuratorial organs'vital role in the anti-corruption struggle. The common characteristics of various types of investigative bodies of investigating official offence are specialized, independence and authority. Through the introduction and evaluation of the systems of various countries, the author develops the field of vision and knows more foreign theoretical knowledge and research results.The author, with the collection of related data,introduces the historical evolution of the right of investigation of official offence and the present situation. From the perspective of judicial practice and preliminary understanding, the author analyzes the main problems in China's system of investigating the official offence: first, the lack of independence of the judiciary; second, the lack of the specialized and unity of investigative agencies, and the lack of authoritativeness and legal deterrent force of anti-corruption bodies. Meanwhile the right of investigation of official offence is lack of effective supervision and restraining mechanism, especially lack of judicial review system of the coercive measures.About rational allocation and judicial control of the right of investigating the official offence, the author, in the light of China's investigative theory and judicial practice, proposes ways to solve the problems about specific legislation, institutional arrangements, the judicial control, supervision and control, and judicial practice plight. The thesis mainly includes: based on local traditions and the rule of law, the existing constitutional and legal framework, make a choice of China's system of investigating the official offence which is suitable for China's national conditions; strengthen and improve rational allocation of the right of the investigation of official offence, and establish its appropriate control system and mechanism; reform and improve the supervision mechanisms of the right of the investigation of official offence, give full play to lawyers'role of supervision and control in the investigation phase, and achieve the reunification of a fair and impartial administration of justice and protection of human rights.