Study On The System Of The Preliminary Examination On Duty Crime

Preliminary investigation is an important stage before the cases enter into formal lawsuit in the process of proeuratorial organs that handling duty crimes cases. The level and quality of preliminary investigation will surely affect the success and failure of duty crime investigation directly.Preliminary investigation system of duty crimes is a product of China’s criminal procedure practice. However, in the current criminal procedure law there is no direct rule of preliminary investigation of duty crime cases. Although there are some rules about preliminary investigation of duty crime cases, the effect and the status of law is still not clear at all. The duty crime investigation is facing to theory confusions of legal basis unknown, legal status and nature unclear and so on. The development of preliminary investigation is also influenced by the problems now.To solve these problems, giving a specific regulation from the legal point and bringing duty crime investigation into the sight of criminal procedure norms are necessary. Because of the nature of duty crime itself, the importance of preliminary investigation is becoming stronger day by day. And in the practice there is also possible to make rules of preliminary investigation of duty crime investigation.This article argues that the preliminary investigation of duty crime investigation should be decided in the criminal procedure law. And as the preliminary investigation now has a lot of defects, it is necessary to create new measures to make the whole system more effective and more reasonable.