On China's Crimes Investigation

Occupational crime is the most extreme sort of public power corruption. Country politics, economy and social order suffer from the particular crime. China has been experiencing the transition from planed economy mechanism to market-based economy mechanism. Nevertheless, corresponding system of management and supervision has still been in the period of research and improvement in order to serve the development of market-based economy. Meanwhile, socialist democracy and legal system can not be perfect in a short time, which lead to the existence of corruption. The People's Procuratorates shall be responsible for criminal investigation of occupational crime. Under such circumstance, it is necessary to seek the investigation model of occupational crime to adapt to situation of PRC (the People's Republic of China), which can punish occupational crime effectively and safeguard the right of criminal suspect.From the view of criminal procedure structure, parties-based model and power-based model combine in the pattern of occupational criminal investigation. The former model can effectively safeguard human right and the latter has the predominance to punish crimes. In PRC the contemporary model is the latter, which is influenced by longstanding civilization of china, situation of level of politics and economy, character of Soviet Union and serious situation of occupational crime. The defect of criminal investigation model of occupational crime in China is that the model has not enforced the predominance to punish crime in high efficiency and not served the aim to safeguard human right either.The reason why the model can not punish crime effectively is that investigation power is not independent and perfect caused by Procuratorates leadership system, organs of criminal investigation is not reasonable. Therefore, it is evident that The People's Procuratorates take the responsibility of criminal investigation of occupational crime independently. Anticorruption and ant abusing bureau is reforrned to investigation bureau of occupational crime. The relation between Procuratorate organs and The Communist Party of China and government should be regulated taking in account of vertical leadership system of Procuratorate organs to guarantee that the People's Procuratorates shall exercise procuratorial power independently in. accordance with law, and they shall be free from interference by any administrative organ, public organization or individual.The model of criminal investigation of occupational crime in China has weak function to safeguard human right. For example. "two particular" (the compulsory measures executed by the communist party of china organs)has the negative invasion to human right. Lack of judicial review of criminal investigation obviously can not defend criminal suspect right. At the same time, criminal suspect can hardly have the chance to meet lawyers. With independence strengthening of Procuratorate organs and improvement of criminal investigation, "two particular "should be abolished and legal regulations that lawyers can provide legal aids should be enforced.Under such serious situation of occupational crime, the power-based model should be preserved and strengthened so that the dominance of high efficiency to punish crime can be exercised. On the other hand, the level to safeguard human right should also be improved.