A Study Of Preliminary Investigations In Corruption And Bribery Crime

Preliminary investigation system is from the litigation practice of China's procuratorial organs. In the current procuratorial organs judicial practice, corruption and bribery preliminary investigation system becomes more and more important and be more widely used. This system have played a significant role to start seriously recourse procedures, protect civil rights and save judicial resources. However, this effective and widely used system has been no corresponding provisions in the country's Criminal Procedure Law. It is the lack of legal provisions of corruption and bribery preliminary investigations ,resulting in the ambiguous nature of this system, the legal status of embarrassment, and causing a long-term, larger controversy in the theoretical circles and judicial to this system issues related. These problems of corruption and bribery preliminary investigation system is not conducive to the reform of the system and perfect, but, in practice this system does exist more problems.By discourse upon the nature, legal status, function and reform of the existing problems and improve the idea of corruption and bribery preliminary investigations,this thesis considers that preliminary investigations have a lack of legitimate power source;the nature of preliminary investigations is same with investigation, is a kind of act of recognizing; preliminary investigations have questions of inadequate legislation and them in practice. Reforming preliminary investigation system should not be taken " the theory of reduce conditions on file" point of view, it is necessary to avoid "copying foreign models" tendency,When China's "Criminal Procedure Law" is revised, corruption and bribery preliminary investigation system should be clearly defined at a separate, corruption and bribery preliminary investigation should pay attention to improve the standard search early clues, check the act and strengthen its supervision in practice.Text has a total of more than 49,000 words, composed of four parts:Chapter I from the longitudinal and landscape orientation two aspects outlines the emergence and development of preliminary investigation system,introduces practice on China's ancient and preliminary investigation system in countries such as France, discourses upon the value of preliminary investigation system; Chapter II is theoretical analysis to corruption and bribery preliminary investigation system, discusses the reasons for this system to appear, the nature, functions and legal status of preliminary investigation;Chapter III is proof of corruption and bribery preliminary investigation, including the targets,the standard,the way and transformation of evidence in preliminary investigation;Chapter IV is the reforming and perfecting of corruption and bribery preliminary investigation system, discourses upon the existing problems of the system, design and the overall vision to reform corruption and bribery preliminary investigation system.