The Study Of Job-related Crimes On The Investigation Procedures

The job-related crimes referred in this article is state staff using post duty to get economic interest, or their crimes against infringing citizen personal right and democratic right, or big lose caused by the incorrect performance or ignoring performance their post duty. Job-related crimes investigating procedure is to ensure that an objective, comprehensive collection of the preservation of evidence, identify the facts of the case, arrested the suspect, the protection of the people involved in litigation right of action, standardized measures of the prosecution investigation of the various rules and procedures, the program collectively. The design of the program with an objective and principles of care proceedings, the principle of proportionality, the principle of open investigation appropriate, timely action the principles of basic principles, the establishment of the Court for the apex, the prosecution and criminal suspects and their litigation counsel for the fulcrum of the structure of the investigation, Court to review the mandatory detection measures, criminal suspects the right to protection and relief, and the prosecution and the defence of equality;The establishment of job-related crimes investigation of procedures of the sanctions regime, a fundamental governance detect violations, the protection of criminal suspects of the legitimate rights and interests. The worldwide crimes investigating procedure presents the following trends: the seperation of judging and investigation, the judge giving judicial review as a nonaligned third party, and the assuing party and the defense party having the equal right. But our system has the defect of lossing neutral judge, vaguing of suspecting body, and loss of suiting judicial review. Our job-related crimes investigating structure should comply with the trend, seeting up the triangle system of judge as third party, and examing party and crime suspect at equal status. First investigation is the setting up procedure of job-related crimes investigating, and it is before register. But our system has a lot of defects. From entity and procedure, it is not fit for timely controlling and procting the right of suspect. After comparing the systam at home and abroad, and considering the character of job-related crimes, the author thought that the standard of register should be lower, and change of objective standard to subjective standard, involving first investigating to the procedue, and set up the model of "first investigating procedure in force". Job-related crimes is presenting a high development status, which relats the future of the state. But the on hand procedure cannot adjust to the intelligence and secrete character of it. We should prolong custody time,enfore the specting force, and improve the ability of finding, controlling and proving job-related crimes. Job-related crimes hase the character of outstretching, and to probit the abuse of investing right, to protect right of the party, the investing procedure judging system should be set up, and enlarge its scope and methods, and set up relevant system to punish the procedure crimes overal and in level.This paper is divided into six parts.The first part from job-related crimes and the investigation of job-related crimes start with the concept and features,job-related crimes on the investigation process and features of the concept of the second part, first of all, from job-related crimes investigation procedures basic principles of the concept, function and start system, establish a job-related crimes Investigation procedures of the four basic principles, then, were the four basic principles were set out, and the four basic principles to know, respectively on China's current job-related crimes in the investigation procedures of the defects were analyzed and then made Reform and improve the proposal; Part III, first expounded the positions of the criminal investigation of structural concepts and theories, and then to China's job-related crimes investigation of the structural defects were analyzed, finally, to advanced concepts as a guide to China's job-related crimes investigation of the structural control. And then made a perfect job-related crimes investigation of China's system of procedural recommendations of the Fourth,from the widely controversial start with the early search system for China's job-related crimes investigation of the commencement of the proceedings have been studied, proposed a "reduce file conditions, to take Preliminary investigations on file for the start-up pattern of coercive measures ";Part V, the characteristics of job-related crimes from the start, the duties of crime detection measures have been studied, proposed a" temptation to be given to the prosecution investigation, technical investigation, lie detector, mandatory Witnesses and other investigative measures ". Defence of equality and justice were involved in a design; sixth part of the job-related crimes in the investigation procedures of the sanctions against the concept and modalities of a fully elaborated on the basis of China's job-related crimes investigation procedures of the sanctions system defects and the causes of an analysis.