The Study Of The Issues In Investigation Jurisdiction For Current Duty Crime And Those Related Criminals Cases

In recent years, duty crimes and ordinary criminal cases often appear simultaneously which results in a significant harm to the whole society. It is quite common for the procuratorates come across related criminal cases when they handle the cases involving duty crimes. However, the rule of filing jurisdiction defined by the current national law is infeasible for the duty crimes and those related criminal cases, and against the internal discipline of the actual investigation. Therefore, the special statutory regulation for jurisdiction becomes less useful in practice, which significantly affects the power and efficiency of the law. In both practices and theories point of view, the research on the filing jurisdiction which gives the solution for duty crimes and those related criminal cases is very meaningful, since the research involving those areas is still lagging. Due to the specialty of the characteristic and evidence in duty crime cases, the priority of the investigation jurisdiction is expected to offer to the procuratorates when they handle such three kinds of cases like the duty crimes and those related criminal cases, the"post-cases"of duty crimes and"original cases"of duty crimes. In the meanwhile, the filing jurisdiction and supervising program for related crime cases should be set up in order to moderate the relationships among each sue stages and avoiding the incorrect and exaggerate use of the investigation jurisdiction as well. Currently, accompany with the procedure of modification for the Criminal Procedure Law, it is a good opportunity for us to build up a better investigation jurisdiction rule for the procuratorates which is suitable for the current situation of China based on the successful experience in the similar areas from foreign countries.The motivation of this work came from the observation of the issues from the investigation jurisdiction when procuratorates handle the practical cases of duty crimes and those related criminals. This paper focuses on the features of the duty crime investigation, analyzes the aforesaid issues and aims to optimize the investigation jurisdiction of the procuratorates. The paper has four chapters which will be organized as follows. Chapter 1 gives a brief introduction of the definition, types, and features for the investigation jurisdiction and related crime jurisdiction handled by the procuratorates, as well as the research background and motivation. Chapter 2 analyzes the issues existing in current law in related to the cases of duty crime and its related criminals. Chapter 3 briefly introduces the current status of the investigation jurisdiction in foreign countries. In addition, the advantages of related laws from foreign countries which are deserve learning from is given based one the analysis and comparison between foreign countries and China. Several suggestions and advices are proposed in Chapter 4 in order to optimize our current statutory regulations for duty crime and its related criminals. The basic principles, proposals and the limitations of the related criminals'jurisdiction by the procuratorates are described in this chapter. Based on detailed discussion on above issues, the paper puts the emphasis on the proposals. The author suggests that jurisdiction priority should be offered to the procuratorates when they handle the cases of duty crimes and those related criminals and in addition, more power of investigation jurisdiction should be given to the procuratorates when they handle some special cases. Finally, the subsequences issues resulting from the cases of duty crime related criminals is introduced and analyzed, for example, the issue of duration of detention that is suitable for the cases of related criminals, the issue of the procedure for arresting application, the issues in the procedure of audit and claim, and etc.