System Study Of Job-related Crimes Arrested

Chinese Communist Party Congress report clearly pointed out:to carry out the reform of the judicial system, ensure prosecution of independent and impartial exercise the procuratorial power, safeguard the judicial authority, to establish a fair and efficient judicial system of socialism. In the report of the 17th National Congress under the guidance of the spirit, the procuratorial organ has carried out a series of reforms. Review of the current duty crimes arrest system reform is a example. Previously, duty crimes committed by the prosecution filing, investigation, review of arrests made by the same Procuratorate, This system, extremely easy to present the inner supervision and restriction in place even vacancy problem, on the other hand, so that people on the procuratorial organs handling cases of impartiality and credibility of doubt. This also caused concerns of the community, require the procuratorial organs examined arrest decision to reform.It is in this calls for reform in order to optimize the resource allocation of justice, the Supreme People's Procuratorate with practice, issued <on the provincial people's Procuratorate investigation of crimes committed by a higher people's Procuratorate arrested regulation (Trial)>.This is the review of the decision of arrest for duty crimes committed on the implementation of higher reform. The mplementation of this reform, better supervision and control the prosecution to exercise the right to investigate crimes, in favor of procuratorial organs Strengthening Handling duty-related criminal cases intensity,is conducive to the promotion of the procuratorial organs of law enforcement standardization and transformation of the investigative mode, conducived to the protection of criminal suspects human rights,help to improve the prosecution team building, promotion of socialist rule of law. Review of China's past crimes arrest system, there exist gaps in the supervision of legal norms, supervision means and strength is weak and feeble, supervision and narrow scope of problems, therefore said duty-related criminal cases review arrest system put on a level, the reform exists the need for its necessity, feasibility and rationality. In the implementation of the duty crime cases examined arrest decision put on a level system, between the upper and lower levels of the prosecution mechanism has been further strengthened supervision, procuratorial organs in exercising the right of investigation has been further improved. Handling from real terms,this reform to improve the prosecution investigation on the full level of standardization activities, played a positive role.However, review of duty-related crimes to mention an arrest after the reform still has no clear prosecutor-investigated cases early in the body,above the level of investigation and supervision department's Procuratorate handling pressure, for the arrest of the suspect refuses to accept the decision not to provide for a complaints procedure in detail, handling time constraints, handling costs increase and other issues.The reform of duty crime case review arrested implement system,compare with the photograph before reform, to some extent, to optimize the distribution of procuratorial power, investigation power of supervision and restriction are the promotion of the role, but this reform must be in the system of procuratorial system of internal power allocation, inevitable exist drawbacks.In order to meet the need of the actual case, the author puts forward, the duty crime case supervision system, the duty crime review system and safeguard the legitimate rights and interests of criminal suspects in the judicial relief system of our country law should be writen to legislative proposals, in order to establish a scientific and perfect, to meet the need of the actual handling the duty crime arrested system.