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Crimes Investigation Integration Studies

Posted on:2009-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:M HuangFull Text:PDF
GTID:2206360248951138Subject:Investigation
Abstract/Summary:PDF Full Text Request
In accordance with the Constitution and the law, the Procuratorate organs ,as legal supervision organs,are exercising their right to the investigation of duty crimes, and hold accountable those who commit such crimes in the criminal liability of the country's public servants to protect the state's constitution, the unity of the legal exercise of the right to oversee the country's public servants the right to exercise their powers and perform their obligations, and supervision of national staff and correct implementation and enforcement of the law.However, due to the influence of various factors, the procuratorial organs in the investigation are handling of crime in the course of their duties but it can not play its effectiveness, and even "take cat-and-mouse" embarrassing situation. Main causes of the investigation system is unsound, the investigative functions of staggered, investigative techniques on backward areas, and so on. In view of this question, the domestic scholarly research also already proposed a series of from the investigation organization to the investigation pattern improvement program, also has obtained the encouraging achievement, However, in theory, academics did not form a unified understanding, central District Prosecutors investigation system set up different functions, which did not harmonious present situation of The rule of law in China trend.Since 21 centuries, there are many dedicated theory of investigation in the service sector, although it has established a framework of discipline, but most are summary of experiences, Research at the level of theory need to be further developed. After on comprehensive survey international quite mature duty crime investigation pattern, Author summarized front the stage theory and the solid service to duty crime investigation mechanism reconsidering, and unifies China at present politics economic society development condition to analyze seeks most effective solution. In this paper, in addition to the introduction and conclusion, is divided into four parts:The first part is to the present domestic general duty crime investigation integration elementary theory evaluation. Embarks from the system theory angle. The author has analyzed the duty crime investigation integration theory origin, has drawn out the duty crime investigation integration concept. Proposed the duty crime investigation integration is refers to the procuratorial agency under the present examination system pattern, in present legal rule frame, in order to optimize the investigation resources disposition, enhances the overall potency, the established a new investigation mechanism. And pointed out that, the implementation duty crime investigation integration solves a difficult position more reasonable measure which in the present duty crime investigation appears.The second part is to research the comparison test of duty crime investigation integration. The content was our country ancient times outside the duty crime investigation system analysis and the territory the duty crime investigation system analysis. In China ancient times duty crime investigation system historical inspection aspect, author focuses on anti-corruption of Chinese dynasties of the specialized agencies and monitoring system of Yushi which an independent monitoring power distribution for the prevention and suppression of corruption among officials has a positive significance for the tendency of the conclusions. In outside territory duty crime investigation system inspection aspect, the author divides the international several mainstreams duty crime investigation systems into three kinds. And author comparative analysis various countries duty crime investigation department's in has supposed the organization. From on macroscopic has grasped the duty crime investigation system theory development trend.The third part is at present the duty crime investigation system existence question carries on the system analysis to our country including duty crime investigation system present situation and question. The author mainJy is from the investigation power division, the investigation direction, the cooperation machine-made and the investigation information information construction , pointed out the question of present our country in the duty crime investigation system. The duty crime investigation system has these problems is accumulates for a long time, at present all levels of procuratorial agency is positively exploring an effective way to solve these problems, but the effect is not generally obvious.The fourth part is the author's opinion to the duty crime investigation integration organizational reform. First clear about the reform of the duty crime investigation integration system to have to obey the unified command, the strict law enforcement, the close coordinate and rapid is prompt, the economical highly effective principle. The author analyzes the dispute the question of present branches on learning to exist constructs the ideal duty crime investigation mechanism , and proposed conformed to our country national condition procedure is must carry on the investigation resources in the procuratorial agency interior the conformity. Finally the author has further consummated the duty crime investigation movement mechanism surveillance restriction from the interior and exterior two stratification planes.This article research content has the systematic characteristic, has carried on the detailed elaboration to the duty crime investigation integration related question firstly and to examines the reform practice work advantage.
Keywords/Search Tags:Procuratorial agency, Duty crime, Investigation, Integration, Organizational, Reform
PDF Full Text Request
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