A Study On The System Of Investigation Of Duty Crime

Preliminary investigation system of duty crime is the procuratorial organs to investigating crimes and the actual needs, gradually formed in the long period of handling practices in a unique case handling system. And with modification of the criminal procedure law, the illegal evidence exclusion the introduction of rules and rule of law enforcement standardization requirements, preliminary investigation system will face a new challenge. How to achieve "check found afterwards, to find evidence to find someone, nothing is looking for people, people do not find" no evidence investigation, scientific use of the preliminary investigation, preliminary investigation by extensive to fine transition is I queue no criminal investigation system reform path. But in our current legal system, preliminary investigation system, there is no clear legal provisions, the academic circles of the preliminary investigation of rationality of existence different voices. Although preliminary investigation system in practice has been made full use of to become procuratorial organs to deal with crimes committed by the necessary procedure, but preliminary investigation procedures, approval of the principal, lawful evidence still exist many problems. Therefore, in order to give full play to the supervision function of the procuratorial organ, realizes the effective control on the national staff of public rights, we must in-depth study and discussion of preliminary investigation system of our country in the process of the important role of duty crime, to further improve the relevant procedures of the preliminary investigation systemThe provisions of the law, the academic circles also have different voices on the rationality of existing investigation. Although preliminary investigation system in practice has been made full use of to become procuratorial organs to deal with crimes committed by the necessary procedure, but preliminary investigation procedures, approval of the principal, lawful evidence still exist many problems. Therefore, in order to give full play to the supervision function of the procuratorial organ, realizes the effective control on the national staff of public rights, we must in-depth study and discussion of preliminary investigation system of our country in the process of the important role of duty crime, to further improve the relevant procedures of the preliminary investigation system.This paper is divided into five chapters, totaling more than 30000 words:the first chapter is the introduction, mainly elaborated the research background and purpose, of preliminary investigation system of the status quo, research methods and content to sort out. The second chapter is the overview of the preliminary investigation system of duty crime, clarify preliminary investigation system of duty crime concept, summed up the controversy in academic circles and practice circles for many years, at the same time, according to preliminary investigation of duty crime in the judicial practice of our country five important stages, analysis of preliminary investigation system in the practical work of existing management system is not perfect, the main body is not clear, preliminary investigation procedure start process is too vague. On China’s duty crime investigation system development and change of simple comb, and expounds the purpose and task of China’s duty crime investigation system, summarize our preliminary investigation system of duty crime in the new criminal procedural law promulgated, illegal evidence exclusion rule of criminal procedure and the process of phase of human rights protection and other issues should face the problems, and put forward the corresponding solution. At the same time, the paper the purpose and task of China’s duty crime investigation system, summarize our preliminary investigation system of duty crime in the new criminal procedural law promulgated, illegal evidence exclusion rules apply and criminal procedure relative human rights protection issues should face the problems, and put forward the corresponding solution. The third chapter mainly expounds the status quo of China’s duty crime investigation system, started from the preliminary investigation system of significance and role in the judicial practice of our country, summarize the characteristics of China’s current stage of crimes, and tries to find out the important role played by the China’s duty crime investigation system in handling duty crime cases. At the same time, from multiple aspects of the legislative level, preliminary operation process, preliminary investigation supervision mechanism and analysis summarized duty investigation system in the process of duty crime in the presence of, and puts forward corresponding resolute measures. The fourth chapter, the author has made a careful analysis of the multiple countries, France, Italy, Japan, Germany and in the criminal procedure for preliminary investigation system of the relevant provisions. Among them, the author to the countries of Anglo American law system preliminary investigation system of duty crime were also moderate analysis, through the comparison of the two legal systems, find worthy of our reference learning views and ideas. Relevant provisions. Among them, the author to the countries of Anglo American law system preliminary investigation system of duty crime were also moderate analysis, through the comparison of the two legal systems, find worthy of our reference learning views and ideas.Through the first four chapters, the fifth part of the article, the author puts forward relevant suggestions to improve China’s duty crime investigation system, a clear legal status of preliminary investigation in the legislation, perfecting the relevant judicial interpretation; the exclusionary rule of illegal evidence put forward reasonable solutions confirm the evidence of the effectiveness of improving the supporting documents in technology; the level to strengthen the scientific and technological content of preliminary investigation, according to the foreign related practices to establish information network, widen the preliminaryinvestigation information sources; strengthen and improve the supervision mechanism, strengthen the daily management, internal supervision staff to improve the reward system, establish and improve the performance appraisal system, external supervision, through multi sectoral cooperation mechanisms, to improve the initiative of the procuratorial organs in handling preliminary investigation of duty crime in the work; to further improve the quality of the investigators, investigators to strengthen investigation skills training, to master modern forensics technology, improve the credibility of evidence and utilization; respecting and safeguarding human rights, to carry out the preliminary investigation work in strict accordance with the "four principles". Mechanism and improve the procuratorial organs in the process of preliminary investigation of duty crime initiative; further improve the quality of the investigators, strengthen investigation skills training for investigators, grasp modern forensics technology, improve the credibility and availability; respect for and protection of human rights, in strict accordance with the "four principles" to carry out investigation work.