Study Invetigate Ablity Of The Crime Taking Advantage

The Fourth Plenary Session of the Party Central Committee of the party of summary have proposed constructing the goal of the socialist harmonious society clearly. The socialist harmonious society is by the democracy and the rule of law, fair justice, sincere friendliness, the dynamic, stable in order and society which people and harmonious relevant key elements of getting along etc. of nature form. Among them, democracy and the rule of law and fair justice are two key elements of constructing the harmonious society. Constructing the harmonious society must rely on and carry forward the spirit of socialist democracy and the rule of law, safeguard the fair justice of the society. During the process of carrying forward the spirit of socialist democracy and the rule of law, safeguarding social fair justice, it is not merely a focus that the public pays close attention to how to devote more efforts to struggling against corruption and encouraging honesty, it is 16 the Fourth Plenary Session Of the Party Central Committee and 17 great a great political task that put forward of the party too. Hu Jintao emphasizes in 17 big reports of the party: "Property and aim of the Communist Party of China, it is determined that party and various passive corruptions can not mix like water and fire. Punish firmly and prevent the corruption effectively, concern the final and decisive junctures of feeling of the people and party, it is the great political task that the party must do a good job of all the time. The whole party's comrade must fully realize the long period of time, complexity, arduousness of the anti-corruption struggle, build struggling against corruption and encouraging honesty to put in the more outstanding position, object to the corruption unequivocally. Investigate and prosecute the case involving in violations of laws and codes firmly, to any corrupt element, must all punish severely in accordance with the law, will never condone! " Under the anti-corruption situation of such a macroscopic, the procuratorial organ punishes the judicial strength of the corruption as the country, OK under the regulation of the existing law, further devote more efforts to investigating the crime by taking advantage of duty and already in the judicial practice become the requirements of the times and necessity of history more rationally.Looks more ordinary crime, the crime by taking advantage of duty is that special subjects i.e. national staff members utilize the particular identity, special crime produced while state power operates, have disguise high, characteristics such as power of the difficulty, subject of crime with higher involving post and interests diversification, etc. of collecting evidence objectively. It is these characteristics that have increased difficulty and obstacle investigated to this kind of crime, have reflected the properties that the judicial power haggles with the executive power each other in the crime by taking advantage of duty is investigated in essence too; Make until crime by taking advantage of duty of different power to check and balance, have loud difficulty nature as to other crimes are investigated to country investigate, at the same time, more urgent necessity and particularity. At present, assign the situation to lack effective power to restrict in state power of our country, and this kind of power assigns negative influences produced to behave particularly obviously in investigation of the crime by taking advantage of duty (Shortage of the means of intervention, collecting evidence of the Party and government offices, etc.), Apt to cause investigating the production of the corruption of China and Singapore, it is only difficult to often make the investigation of crime by taking advantage of duty take a step, having brought the great puzzlement to criminal judicial theory and practice, the lose of judicial sincerity that and then lead to the fact in the crime by taking advantage of duty is investigated or weakening. At present, it is not rare yet to carry on thesis and monograph of research to the crime by taking advantage of duty domestically, but does not investigate the person whose ability study to the crime by taking advantage of duty more, the angle that this text combines from the theory with practice, regard interdynamic between people and organization as the visual angle, has carried on the discussion of globality to existing problem, solution of the current law, etc. in the ability of investigating of the crime by taking advantage of duty, not only have urgency in theory, but also to legislating and it all have important meanings that administration of justice is practised.This text divide four chapter together, investigate from crime by taking advantage of duty totality of ability make, describe sequentially to part.Chapter one, concept, administration that are investigated by the crime by taking advantage of duty start with, and then has probed into characteristic, purpose and requirement that the crime by taking advantage of duty investigates, according to the objectivity that the crime by taking advantage of duty investigates, evolve with and investigate ability intension, the discussions of the characteristic and structural key element to the crime by taking advantage of duty.Chapter two, has probed into it the current legal mode, the crime by taking advantage of duty investigates the operation of ability for first stage - -Concept, necessity and legitimacy, legal attribute and legal question checked for the first time, etc., until crime by taking advantage of duty investigate ability reflect as crime discovery ability of message make and explain mainly in not checking for the first time.Chapter three, has analyzed that gets up in " the watershed " to the case in theory The placing on file of function, its relevant conditions and the way and some drawbacks of investigating ability and existing while operating in the crime by taking advantage of duty, because place one's own too strong one on file " Procedural " Have placed the decision book on file and played the function of forming a connecting link on the case in characteristic (one, thus with draw back or lower the curtain crime for crime too) ,Herein, investigate the embodiment during the course of placing of ability on file of the crime by taking advantage of duty to sum up as the application ability of the legal policy.Chapter four, has probed into the core that the crime by taking advantage of duty investigates ability and operates - -Investigate, its procedure launches, the compulsory measure is adopted, and to this difficult characteristic of collecting evidence of current crime by taking advantage of duty, having investigated and investigated technology secretly and described tentatively, it is to make preparation for prosecuting to investigate, a case is told and told that is subject to evidence again. On this basis, my inaugural affair crime investigates ability and mainly reflects as the identification ability which reveals the crime during the course of investigating, and has proved to this specifically.