Investigation Of Crime By Taking Advantage Of Duty In The Field Of Integrated Public Prosecution

Crime by taking advantage of duty is the most concentrated and the severest manifestation of corruption. It refers to the crimes public employees commit, such as bribery, embezzlement and dereliction of duty, by taking advantage of their authority. These crimes damage the cleanness of official business. Right of investigation of crime by taking advantage of duty is an important part of right of legal supervision of prosecutorial organizations. In the field of integrated public prosecution, the construction of the system and mechanism of investigation of crime by taking advantage of duty is an objective selection that prosecutorial organizations have made to investigate and deal with accordingly crime by taking advantage of duty. It is decided by the requirements for the construction of a legal state, objective reality of anti-corruption, features of current crimes by taking advantage of duty, and inadaptability of current investigation subjects. In the investigation of crimes by taking advantage of duty, prosecutorial organizations should establish a concept of rule of law. They should change their viewpoint of investigation from an emphasis upon correction into balance between accusation and defense. They should also change their mode of investigation from "oral confession to evidence" into "evidence to oral confession". Besides, they should clearly know that procedural law takes precedence over material law. Meantime, prosecutorial organizations should seek a proper balance between suppressing crime by taking advantage of duty and safeguarding human rights. Finally, they should establish a concept of investigation of crime by taking advantage of duty in the field of "integrated public prosecution" and create a pattern of investigation with all departments cooperating with each other. This paper elaborates on the following:1. By comparing the system of investigation of crime by taking advantage of duty in China with that in foreign countries, this thesis bases itself upon the situation in China today and prosecutorial organizations' practice of investigation of crime by taking advantage of duty. From the role of prosecutorial organizations as a legal supervisor, this thesis studies the right of investigation of crime by taking advantage of duty, together with corresponding organizational setup.2. The inherent nature of crimes by taking advantage of duty, significantly different from common criminal offenses, is the basis for establishing the system of investigation of crime by taking advantage of duty and investigative organizations. In China today, we should properly handle the right of investigation of crime by taking advantage of duty under the guidance of spirit of legality and perfect the system of investigation of crime by taking advantage of duty under the constitutional prescription of "integrated public prosecution". Thus, investigation of crime by taking advantage of duty can be put under rule of law in a real sense.3. In the prosecutorial organizations of China, the organizational setup for investigation of crime by taking advantage of duty is not rational enough. In view of this, we should reestablish the organizations for investigation of crime by taking advantage of duty, reform current decentralized investigative organizations and establish authoritative and effective investigative organizations in the field of "integrated public prosecution".