| Occupational crime is the outcome from human social development to certain stage, is the result of social public power alienation, is the national people of public office use post convenient get the extra material or not material behavior of personal gain illegally. World countries though political system the aspect existent discrepancy such as, economic development and cultural tradition, expression form and the level of criminal post are also each not identical. But regardless of developed countries and developing country still not developed countries, is faced with the common program that turns over post to commit a crime. Occupational crime is septic important expression form, have probably dangerous and national regime stabilize , occupational crime to investigate work is on the contrary septic fist, is effective restrain the key of rotten phenomenon. This paper investigates existent problem and the present situation of system through analysing the post of our country to commit a crime , compares the foreign post of Hong Kong to commit a crime to investigate law and the characteristic of system , combines already some theoretical research accomplishment , how to perfect the post of our country to commit a crime to investigate system to make some conception and suggestion of reform. Full text divide into 4 chapters totally.First chapter: Occupational crime to investigate system general state.Occupational crime is a rich intension , content complex concept, in the ceremony of our country of criminal law , do not give the relevant definition with criminal post. Know to say think normally, occupational crime to denote national staff and the people who take charge of the people of public office by entrustment or perform public general affairs by entrustment, when being engage in the campaign of official duty, the convenient enforcement that uses post is offended the criminal behavior of legal, serious malfeasance.Occupational crime to show mainly than ordinary criminal particularity is following both: One is that criminal main part is the national people of public office; 2 is that criminal behavior has close connection with post. Occupational crime to investigate system is criminal investigate one of system, but it have is more other than ordinary commit a crime to investigate system. Occupational crime to be different from ordinary criminal characteristic to cause modern post to commit a crime to investigate system produce and develop. Occupational crime to investigate system and ordinary commit a crime to investigate system to compare comparatively, its characteristic major embodiment is in 4 aspects: One is to investigate main particularity; 2 is to investigate the particularity of object; 3 is to investigate the particularity of means; 4 is the particularity of the course of investigating.Second chapter: Our country occupational commit a crime to investigate the research of system.Our country occupational crime to investigate right to exercise by the office of procuratorial work, occupational crime to investigate the development of system to go through 3 stages: First stage is the stage of building the sprout of country initial stage. This stage have not formed a system to melt , the post that legal system melts commit a crime to investigate system; Second stage is the 1978 stages that people's procuratorate resumes to rebuild rear development. This stage post commit a crime to investigate working beginning to stride forward forward along specialized, normalization orbit; The stage of 3th is 1996 so far perfect stage. The transform of criminal lawsuit system preliminary embody substance law and program law and heavy viewpoint of value think of , so, promote strongly to enforce the law troops is enforcing the law thought enforce the law the change on idea, post commit a crime to investigate trend democracy to melt , legal system melt.See from tradition, our country occupational crime to investigate system to be affected by continent law department greater, at the same time, have again the judicial course and socialist law department that a lot of reflection our countries specify the system of characteristic is installed , have some following characteristic mainly: One is been since investigating right in criminal program Kong argue the distribution setup of both sides see , the actual post of our country commit a crime to investigate system and ordinary commit a crime to investigate system the same, is to be situated between between the system of single track and the system of double track mixing; 2 is to commit a crime to investigate office built-in longitudinal organization structure to see from post, the post of our country commit a crime to investigate system to have mixing feature; 3 is been since investigating main part investigate wait for program in the role that take see , the post of our country commit a crime to investigate system is the leading type of procuratorial work, our country ordinary commit a crime to investigate system is police leading type.Our country occupational crime to investigate the establishment of system to start than night, now, still have some problems that not allowed to overlook: One is to investigate organization to install insufficient science; 2 is beginning check and establish the case aspect legislation is not enough careful make clear; 3 is to investigate measure to not enough perfect.The chapter of 3th: Abroad and the post of Hong Kong commit a crime to investigate the comparison of system.Though, the history of world countries in judicial system is passed Cheng and cultural background go up each not identical, but no matter continent law is national still flower beautiful law, is country, in the course of punishing post to commit a crime , have some common characteristic and tendency. This chapter is commiting a crime for the foreign post of Hong Kong to investigate system on the foundation that carries out classfication, as the system that in which has representative carries out comparison: The first kind of is the responsible office of procuratorial work or the independence of public prosecutor investigate system. This system includes enjoying post with South Korean as the office of procuratorial work of typical representative to commit a crime to investigate right to exercise with American "Te Bie Jian Cha Guan" and "Du Li Jian Cha Guan" for specifying post to commit a crime to investigate right two forms; Second kind is the office lead of procuratorial work investigate system. This investigate system with Germany is representative with Italy, under this system the office of procuratorial work for law case investigate to have direct leading and commander responsibility; The kind of 3th is the other office leading office assistance of procuratorial work investigate system. This investigate system with America and Russia is representative; The kind of 4th is responsible police office investigate system. This system is taking England as typical representative. In England, own criminal law case investigate to go on by police office; The kind of 5th is responsible special organization investigate system. This system with the sense of shame of the special administrative district of Hong Kong Zheng government office( ICCA) with Singapore illegally take bribery inquiry department( CPBI) on the contrary to represent for typical case.The chapter of 4th: Our country occupational crime to investigate system perfect.Our country occupational crime to investigate system existence many is below , perfecting for it is a inevitable tendency. In this chapter, the author combines already some theoretical research accomplishment , how to perfect the post of our country to commit a crime to investigate system to make some conception and suggestion of reform:Is on the job to commit a crime to investigate the perfect aspect of organization. One is to commit a crime for the office built-in on the contrary corruption bribery department and malfeasance of procuratorial work to investigate the post such as department to commit a crime to investigate department to be going to suit , establishment unified post commit a crime to investigate department. At the same time, perfect related supplemental system, make post criminal investigate department have ability independence to be completed every investigate work, include realizing technical help, policy research, criminal prevention and coordinative action, logistics guarantee etc.; 2 is to change the office actual system of procuratorial work of dual leadership , get rid of local government to realize the right independence of procuratorial work really in financial, personnel aspect for the restriction of the office of procuratorial work; 3 is to carry out the post of the office of procuratorial work vigorously to commit a crime to investigate unifinication reform, establish longitudinal commander strong, lateral cooperation close investigate commander cooperation mechanism.Is on the job to commit a crime to investigate the perfect aspect of program. One is the criminal beginning investigated for post check and establish the case program carry out legislation to perfect; 2 is establishment is helpful to investigate criminal special lawsuit program and is helpful for to catch up to tell criminal specially evidence system.The perfect aspect in related supplemental system. One is through legislation make the office of procuratorial work with century Jian supervise the relation between office legal melt , division of labour melt clearly; 2 is to establish the people property of public office to report , examination system; 3 is the mechanism guarantee of human rights that perfected step by step for criminal suspicion person.
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