On Our Right Configuration Duty Crimes Investigation

Investigation power on occupational crime is a kind of state power that entrustes to the procuratorial authority to investigate and solve criminal case, ascertain the criminal suspect, criminal fact and evidence through registering the case, making investigation and obtaining evidence according to the law, it's an effective method to restrain occupational crime, and it's also an important means to realize the procuratorial authority's function of legal supervision.In recent, according to some scholars, the procuratorial authority which works as a legal supervision institution is a supervisor, and the Investigation power on occupational crime which is subordinate to investigation poweris a supervisee.so they challenged that if the authority carry out the Investigation power on occupational crime, the supervisor would take the responsibility of the supervisee, it's just like the supervisor monitor himself, this doesn't conform to the basic rules of our Criminal Procedural Law-dividing the responsibility, checking each other. Serious argument happened between scholars and the prosecutors about the allocation of Occupational Crime Investigation power, and different viewpoints were formed to support their own theory.Based on the study of other countries'allocation of the investigation power on occupational crime and integrated current situation of our country, this article demonstrated the rationality and necessity of entrusting the investigation power on occupational Crime to procuratorial authority. First part illustrates the concept, character of occupational crime and Investigation power on occupational crime, then gives a conclusion that investigation power on occupational crime is a kind of legal power of supervision; Second part evaluates and analyses the pattern of allocation about investigation power on occupational crime in other countries; Third part lists the viewpoints about the allocation of investigation power on occupational crime in our country, then illustrates current situation and difficulty in executing this kind of power power. Fourth part demonstrates the rationality and necessity to give procuratorial authority the right of carrying out the Investigation power on occupational crime from various angles; the fifth part gives the suggestions how to perfect our country's investigation power on occupational crime.In conclusion, based on the analysis of our country's allocation about the investigation power on occupational crime, and through comparing with other country's pattern, author assert that if procuratorial authorities carry out the investigation power on occupational crime, it wouldconform better to China national conditions and judicial practice.. To solve problems encountered in practice, author proposes some suggestionshope they can bring some help to executing of the investigation poweron occupational crime and judicial reform, it is also hoped that this research in the article will do a little contribution to the building a socialist harmonious society.