Crimes Investigation The Right Configuration And Optimization Problems

Occupational Crime is a critical crime that all countries and regions are being faced with. Its situation become more severe since China began its economic and social transition. Investigation on occupational crime, as an effective means to fight it, is now gaining attention from both theory and practice world. The investigation power on occupational crime is one of the basic issues. However, relating research hasn't obtained enough attention and effort. To enrich the theory and enhance the ability, the author has conducted a research and addressed his own view, on how to dispose and optimize the investigation power on occupational crime.The article is made up of 3 parts, about 40,000 words.The 1^st part is a summary. It brings forward the background as well as the theory and practice significance of this article. This part gives a clear explanation on some basic conception, including: investigation power, investigation on occupational crime, investigation power on occupational crime, disposition and optimization. Then it delivers a definition for the disposition and optimization of investigation power on occupational crime.The 2^nd part discusses the cross-disposition and optimization of investigation power on occupational crime. Firstly, it answers the question about which organ exercises the investigation power on occupational crime. The author has a comprehensive review over other domestic law professional's opinion and then put forward his own view on a basis of nomological analysis and comparative research. Secondly, the author analyzes the cross-disposition of investigation power on occupational crime and points out that, there is insufficiency for independence, oneness and authority. As a personal perspective, the author also expatiates on how to optimize disposition by institution.The 3^rd part discusses the vertical-disposition and optimization of investigation power on occupational crime. It answers the question about the scope of investigation power on occupational crime. The disposition of central power must accord with the double aim of criminal procedure - fight crime and ensure human rights.Firstly, base on analysis of current disposition, it points out 5 issues.(1) The prosecutor and defendant out of balance, due to the insufficient defense right of the defendant.(2) The missing of start-up mechanism for filing occupational crime cases.(3) The immaturity of investigation power on occupational crime.(4) The immaturity of supervision mechanism. (5) The un-applicability of evidence system.Secondly, the author provides solution regarding above issues.(1) Enforce the safeguard of human rights. The key point is to grant the right of silence to the criminal suspect, to enhance illegal affidavit regulation and to strengthen lawyer's safeguarding for the lawful rights and interests of the criminal suspect or the defendant.(2) Re-construct start-up mechanism by establishing system for preliminary investigation, preliminary inquiry and assistant investigation.(3) Enrich investigation power by involving flexible investigation power, specific investigation measures, special inquiry power and compulsory measures.(4) Introduce judicial and perfect supervision mechanism.(5) Establish certain evidence systems applicable to investigation on occupational crime. The key point is to found presumption as well as tainted witness testimony and exemption system.