An Empirical Study On The Protection Of Human Rights In The Investigation Of Duty Crime

The preliminary investigation of duty crime cases is a special product of China’s procuratorial organs in the judicial practice, it is independent on the investigation procedure, by procuratorial organs in the years and a system of duty crime cases in the process of gradually evolved and confirmed by the normative documents of the procuratorial organs, and not by a statutory procedure to confirm our "Criminal Procedure Law" legislation, the preliminary investigation system of legitimacy is still faced with embarrassment, since in the new "criminal procedural law" the promulgation and implementation of the preliminary investigation stage, how to guarantee human rights to become more brook no delay problem to solve.This paper investigates the generation and development process of preliminary investigation system of duty crime cases, combined with the actual role and status of investigation, certainly the first investigation system, through the analysis of the present situation of the protection of human rights of preliminary investigation of duty crime system in China, illustrates the current preliminary practice facing the system defect and lack of supervision, and legal difficulties, finally, discusses the preliminary investigation system need return to rational, into the legal system, perfect the operation mechanism of the preliminary investigation, it found the crime and ensuring human rights and balance.