On The Perfection Of The Investigation Of Dereliction Of Duty Cases

At present, the anti-corruption situation is still tough. Malfeasance crimeproblems are especially obvious in those fields such as construction, land requisition,production, food&drug supervision, enforcement and justice of administrative laws.Dereliction of duty mainly can be defined that the working staffs of state organs, bybreaching of privilege, forgetting of one’s duties, cheating others and violating thelaws and regulations, infringe upon personal rights and democratic rights, disrupt thenormal management order of different levels of government, causing great propertylosses or credibility losses for people or state organs. The investigation of derelictionof duty crime belongs to the category of criminal investigation, and it means thecriminal investigation by specific subject for specific malfeasance crime through thetaking of the certain legal procedures.The anti malfeasance bureaus in various levels of procuratorial organs shoulderthe responsibility of the investigation of the dereliction of duty crime. Aiming at thepractical problems in order to carry out these responsibilities fully, this thesisdiscusses the issues in the following4parts:In the first part, by starting from basic concept, scope and characteristics of thedereliction of duty crime investigation, we analyze the subject, object, means, taskand the motivations of investigation of dereliction of duty crime cases, and we alsoelaborate the possible problems caused by the investigation with the combination orrelated theoretical knowledge.The second part discusses the notion of investigation, investigation mechanismand investigation skills. In investigation notion, we presently have the arbitraryinvestigation notion, public investigation notion, inefficient investigation notion andsingle and isolated investigation notation. As for the investigation mechanism,without mechanism of clues sources, investigators are difficult to find clues and makebasic breakthrough, let alone the investigation in new scopes. Investigators areinsufficient in skills, weak in resisting pressures and poor in consolidating theevidence.The third part focuses on the reasons of transforming the concept of investigation,perfecting the mechanism, and strengthening the investigation skills, giving a definitedirection for the solving of these problems in investigation. In the fourth part, by combining with some relevant cases, we put forward that,prosecutors should care the foresight, secrecy, timeliness in investigation concept,establish the mechanism in evidence-collection, team-specialization and investigationintegration, and improve their abilities in detection, evidence consolidation andinvestigation integration.