A Study On The Perfection Of The Investigation Procedure Of Duty Crime

A throughout study of the value of the preliminary investigation procedure is needed. Which is based on the features of duty crime investigation, the principles adhering to criminal procedure and the policies guided by the Third and Fourth plenary Session of18th meeting. Besides that more need to be done in accordance with the rules of anti-corruption in accordance with law. To further improve our preliminary investigation procedure of duty crime, we need to focus on the following two aspects.On one hand, we need to rebuild our anti-corruption system under the framework of laws and regulations. We also need to properly deal the relationship with Discipline Inspecting and Procurator Organs in conducting duty crimes. Much need to be done to improve and ensure the independent ability of the Procurator Organs. To be more specific, that means Discipline Inspecting acts the role of supervision, rather than dominating or taking part in the investigation of duty crimes. Models of duty crime investigation must be built, which was directed by Procurator Organs. Case Procedure Mechanism must be set, by doing so, the clues which are traced by Discipline Inspecting should promptly turn over to the Procurator Organs. Furthermore, a multi-supervision mechanism is needed in order to supervise the two organizations in handling the crime cases.On the other hand, the law of the preliminary investigation procedure of duty crime must be enhanced. And the corresponding investigation patterns must be set, by which the duty crime procedure can adhere to. To be more specific, perfect the filing procedure through making the current preliminary investigation program starting standard as the filing procedure standard. If the professionals believe someone conducts a crime based on reasonable evidence, case must be set and initial investigation must be carried out. All means are allowed during the initial investigation but forced ones. Once a criminal fact or suspect is confirmed, the all kinds of formal investigation can be carried out. By doing so, we can set up the duty crime investigation mechanism,"placing of file, preliminary investigation and formal investigation", in which the preliminary investigation procedure must be more concerned. According to this, it not only can be established in the Crimes Investigation Procedures of the Code of Criminal Procedure, but also can be established as a separate law of Duty Crime Investigation Procedure. Meanwhile efforts should be enhanced in the areas as the system of right to counsel, judicial review system of compulsory investigation measures. Full rights should be given to the one who is under preliminary investigation in accordance with laws and one should not be forced to confess a crime. Proper procedures are also needed to standard the staring, operating and ending of preliminary investigation. Supervision and restriction mechanism both inside and outside are ensured to supervise the operation of preliminary investigation rights.