On The Optimization Of The Configuaration Of Investigatory Power Of Duty Crime

Configuration of investigatory power of the duty crime may take various models. The People' Procuratorate, as the State's organs for legal supervision, inevitably, have distinct advantages in exercising investigatory power of the duty crime. However, because of the legal system concerning duty crime investigation about is far from perfect, when exercising investigatory power of the duty crime, the procuratorial organs lack necessary investigatory measure and the relevant complementary measures, which leads to the consequence that investigatory power of the duty crime in China developed rather slowly,crime develops slowly, lagging behind the development of investigatory power of ordinary crimes and that of international anti-corruption campaign.The investigatory power of the duty crime is one form of criminal investigatory power; Nevertheless, it also has the nature of the legal supervision. Chinese scholars have not reached consensus on the legal classification and the nature of the procuratorial organs, nor have they agree on the investigatory power of the duty crime. The author argues that, there is a need to confirm that the investigatory power of the duty crime is an important part of legal supervision which is different from the independent legal status of the investigatory power of ordinary criminal crimes, and that the legal provisions and investigatory measures on the investigatory power of the duty crime can no longer satisfy the needs of work.. The further development and breakthrough of the investigatory power of the duty crime depend on the reform and improvement of national legislation, including the revision of the Criminal Procedural Law, and the amendment of Anti-corruption Law (or entitled Anti-duty Crime Law). The investigation of the duty crime is a process from obtaining the information of criminal suspects to placing the case on file for investigation; however, the Criminal Procedural Law of China contains no such provisions. The Chinese law only grants regular investigatory measure to the investigation of the duty crime, which fails to grants the same investigative measures to the public security organs and the state security organs. This leads to the consequence that in face of more complex and dangerous crimes, the organs investigating the duty crime can emply the simplest means. The clues of duty crime often interweave with those of other crimes, the discovery and investigatation of duty crime often need to clarify other relative crimes. Investigating only the duty crime often makes the task more difficult; The duty crime investigation also lack of intelligence information infrastructure and crime income continuous recovered system.The procuratorial organs in most countries and regions in the world play an important role in investigating the duty crime, whether independently, or cooperatively, The procuratorial organs gradually become the pillars of the world's anti-corruption career. Even in some countries and regions where independent institutions or police authorities take the duty crime function, investigators also need to hear the guiding opinions of prosecutors so that corrupt crime to be prosecuted immediately.In order to strengthen investigatory power of the duty crime, countries generally established special investigatory power distinguishing from ordinary criminal investigatory power.Optimize the configuration of investigatory power of duty crime is a systematic and meticulous task. First of all, we should speed up legislation, granting special investigatory power to the organs exercising investigatory power, i.e, secret investigatory power, technical investigatory power and mandatory evidence-taking power. The State shall provide strict legal rules in temptating investigatory power to the organs exercising investigatory power, which must be opportunity, temptation investigation by legal type main implementation, through the strict approval procedures. Technical investigatory measures also should pass legislation form alone premise, the examination and approval authorities for clear, examination and approval procedures, operating rules, evidence, validity, the judicial relief way, etc. Mandatory forensics rights including compulsory witnesses right and compulsory obtain evidence right and compulsory assist rights. The author suggests modify "Criminal Procedural Law", perfecting the warrant, investigating crimes residential surveillance, guarantor pending trial, detention, arrest etc compulsory measures. Furthermore, warrant period should be 48 hours, clarifying the time for the procuratorial organs residential surveillance, detention measures residential surveillance executive body, expand the applicable site, clear can use electronic surveillance technology, perfect the procuratorial organs residential surveillance duty crime right on carry level arrest system. Moreover, the State should make clear the procuratorial organs exercise distinguish procuratorial advance approval and distinguish procuratorial maneuvering of deportation program after. Additionally, the author argues that the procuratorial organs suggest suspended relevant personnel office power, strengthen our officials private property surveillance, try to recover by the procuratorial organs on behalf of the state of duty crime molecules from crime, strengthen international cooperation. Last, but not least, the State should perfect the duty crime investigators'selection and professional training mechanism.