On The Procuratorial Organs "asymmetric Investigation" Mode

In recent years, with the development of anti-corruptions, a large number of duty crimes have been exposed and punished, especially embodied in the huge and significant cases, This is not only fully demonstrates the CPC Central Committee's determination to fight against corruption, but also effectively protected the results of reform and opening up of our country at the same time. Meanwhile, we should also see that the condition of anti-corruption is still grim, duty crime in some local areas happens every now and then and even worse in some field, we must pay close attentions. Duty crime directly eroded the interest of our country, ruined the reputation of the Government, corrupted the results of social construction, disturbed the social order and frustrated people's confidence of building a better future. Therefore, the issue of duty crime is still the serious problem that china should solve to in the new century.Nowadays, there are many new problems in fighting against duty crimes in China. Criminal investigation has been given new challenges and demands. On one hand, the capability of duty crimes is increasing modernization, the criminal behaviors are always been covered-up, the anti-investigation ability of criminal become more stronger; on the other hand, with the acceleration of law process, the law protection to human rights is significantly strengthened, and its regulation concern duty crime investigation procedure becomes more strict than ever. All of these demand that the transformation of duty crime investigation procedure from "from confession to prove" to "from prove to confession". Facing with the pressure of strict regulation in law and the strengthen of anti-investigation ability, the investigating capability of procuratorial organs which formed in "symmetric investigation" mode in a long term, based on the procedure of "from confession to prove", characterized with "a mouth, a pen, two legs ", "segmentation in the current investigation system" and "investigation always by oneself" obviously can't deal with the grim situation of duty crime, and the procedural transformation of "from confession to prove", too. The combat ability and crime capability is not balance and the balance began to tilt to crime capability, the procuratorial organs facing the embarrassment of "striking is impossible in objective". Therefore, how to reconstruct the investigation system of procuratorial organs, upgrading investigation capabilities significantly, make the "dissymmetrical" overwhelming predominance come into being, deal with the challenges given by the "from prove to confession" model and the increasing enhancement of anti-investigation abilities and rethink the mission of combating and keeping corruption within limits of procuratorial organs is a theoretical subject is of strategic significance and a practical problem need to address immediately, it has become the main point that people focusing on, and it is also the research and exploration of this dissertation basis on.This paper can be divided into three sections. That is, the preface, the basic content which is the main part of the dissertation and the conclusion.Foreword briefly introduced the concept of duty crime and its danger, the concern of every leader in new China to anti-corruptions, the grim status and trends of corruptions, the strict regulation of law to investigation, the transformation of investigation mode of duty crime, the characteristic of striking capability of the procuratorial organs at present and its deficiency, in addition, explained the importance of researching this issue and the purpose, main point of this dissertation.The basic content can be summarized into three parts:In the first part, the author defined what "dissymmetrical investigation" mode really is. Firstly, the author briefly reviewed the evolution of duty crime investigation mode in the new China from "dissymmetrical attack" to "symmetrical attack", and the concept, characteristics of "symmetrical attack", challenges to the current investigation system cause of procedural conversion of "from prove to confession" and increasing anti- investigation. Then, the author introduced what "dissymmetry" and "dissymmetrical warfare" theory means, meanwhile, enlightened from the example that the USA executed "dissymmetrical attack" by using the advantages of "dissymmetrical" information and its means of attack, the author put forward the concept, three characteristics and five basis of building the system of "dissymmetrical investigation" of procuratorial organs in duty crime investigation according to the old motto of "punishment from the soldiers". Finally, the author discussed the three elements of "dissymmetrical investigation" system and its dialectical relationship from the relationship between "investigation ability" and "investigation connections". "Investigation ability" is mainly consisting of the main-body of investigation and investigating tools. "Investigation connections" is mainly consisting of commanding and coordinating mechanism. The organic combination of "investigation ability" and "investigation connections" composed the investigation system or the investigation mode. The relationship between "investigation ability" and "investigation connections" is a dialectical relation of decide and be decided, act and counteract. "Dissymmetrical investigation" mode takes the specialized management agency and personnel of information-based as its main-body, the "integrated" investigation information system of as a tool and the "integrated" commanding, coordinating mechanism as modern "investigation connections", and the organic combination of the three aspects consists a complete system of "dissymmetrical investigation". This made a good ready for the construction of "pinpoint attacks" system in following text.The second part analyzed how to construct the system of "integrated-dissymmetrical investigation". The author expound the main-body of constructing "dissymmetrical investigation" system at first, that is, specialized intelligence agency and information-based personnel, the importance of setting up the specialized intelligence agency, its duty and operational mechanism. Then, the author discussed the tools of building "dissymmetrical investigation" system, namely, the integration of investigation information including "network information integration" and "Common-Secret information integration". "Network information integration" is a system of "four network integration" involving the LAN of procuratorial organs, specialized digital network of law supervisor, the commanding system of investigation, collaborative networks outside of system and the Internet. "Common-Secret information integration" is a kind of integrated system which refers to the organic combination of routine information and secret investigative measures. The author also analyzed the concept, importance, status in quo of "Common-Secret information integration" and its improvement. Finally, the author put forward the construction of a new kind of investigation relationship -"dissymmetrical investigation" system, namely "the integration of commanding and coordinating mechanism" in line with "the integration of investigation information" including investigation commanding mechanism of the law supervisor, coordinating mechanism both inside and outside, the coordinating system in Hong Kong, Macau and the international community. Meanwhile, the author also discussed what the "Integration Mechanism" is, its importance, status quo and its improvement.In the chapter III, the author point out that testing and improving "dissymmetrical investigation" system in the practice of duty crime investigation. In viewing of the five major difficulties of registering, evidence-collecting, tracing, interrogation, arrest and difficult cases breakthrough, the author suggested that make full use of the "integrated network" , "Common -Secret information integration" and "the integration of commanding and coordinating mechanism" of "dissymmetrical investigation" system to build the information resource, manpower and material resources against the anti-investigation and make overwhelming advantages come into being. I hope that will be helpful for the solving of difficult problems in investigation. At the last of this part, the author expounded the feasibility, advantages and its practical meaning of "dissymmetrical investigation" mode.At the last part of this dissertation, the author summarized the full text, emphasized the feasibility, advantages of "dissymmetrical investigation" and its significance for reference, put forward a suggestion of progress with times and innovating the duty crime investigation mode unceasingly.