On The Issue Of Preliminary Investigation Of Duty Crime

Duty crime is a serious corruption, and the procuratorial organs are the legal authority to investigate the position crime. How to effectively find and accurately and promptly investigate and deal with the duty crime, are the theoretical and practical subjects that the procuratorial organs encounter in China. In order to adapt to the needs of investigation work of duty crime, procuratorial organs gradually form preliminary investigation system of duty crime in the judicial practice. Preliminary investigation of the position crime mainly examines and investigates the clues materials by the necessary means to obtain the necessary fact-evidences in order to determine the case clues that procuratorial organs have accepted whether the acts are suspected to be crimes , whether they have the need for criminal investigation, which plays important roles in punishing and preventing duty crime and protecting the human rights. However, due to the theoretical disputes and imperfect legislations of the preliminary investigation of duty crime, the preliminary investigation faces some problems with urgent needs to think and resolve. The author thinks that to further discuss the issues relevant to the preliminary investigation of duty crime has important significance to prompt the healthy development of investigation work of duty crime, to realize the balance between punishing criminals and protecting human rights and to improve the criminal procedure legislations. Besides parts of introduction and conclusion, the paper consists four parts.The first part: The overview of the preliminary investigation of the duty crime. By clarifying the concept of preliminary investigation of duty crime, this part is to analyze the background, in which the preliminary investigation system of duty crime was produced, and to comb the historical context of the preliminary investigation system of duty crime, then to recognize and understand the preliminary investigation system of duty crime in general.The second part: The nature of the preliminary investigation of duty crime. By the comparisons between preliminary investigation and detection of duty crime and the analysis of the characteristic of preliminary investigation of duty crime, it further demonstrates the nature of the preliminary investigation of duty crime.The third part: The status of the preliminary investigation of duty crime in China. On one hand, by the assessment of the values of duty crime, the author believes the preliminary investigation plays a positive role in punishing and preventing the duty crime,respecting and protecting human rights,maintaining and prompting the social harmony; On the other, the author analyzes the issues existing in the preliminary investigation system of duty crime ,which includes the contents as following: The theoretical disputes,means of the preliminary investigation of duty crime which don't meet practical needs,the procedure rules that should be refined and imperfect supervision mechanisms and so on.The fourth part: The improvement of the preliminary investigation of duty crime in China. On one hand, by exploring and analyzing the foreign systems related this part anticipates providing references for the improvement of preliminary investigation of duty crime in China; On the other, combined with the foreign legislations and the realities in China the author proposes some suggestions to improve the preliminary investigation of duty crime. The suggestions are mainly as follows: To establish the legal status of the preliminary investigation of duty crime; To rationally allocate the power of preliminary investigation; To standardize the preliminary investigation procedure; To strengthen the supervision of the preliminary investigation; To improve the operating mechanism and so on.