On The Procedure Of Preliminary Investigation In Investigating On Duty Crime

The preliminary investigation on duty crime is the activity ofpreliminary investigation about crime clues before the decision of a case onfile placed by procuratorial organs. The start mould of investigation providedby the current code of Criminal Law decides that the preliminaryinvestigation is the only way in handling duty-related criminal cases by theprocuratorial organs. The circumstance differing from the key effect inhandling duty-related criminal cases is that the preliminary investigation hasmany controversies in theory and practice. In theory, scholars always distrustthe legality of the preliminary investigation. They consider that it existshidden danger of the infringement upon human rights. In practice, systemsettings and supporting mechanism of the preliminary investigation are stillnot perfect, thus, the impediment in the preliminary investigation is more andthe efficiency in the preliminary investigation is low. Currently, the researchof the preliminary investigation focuses on theoretical criticism, while how the preliminary investigation will be improved and deepened in practice israrely discussed. Based upon the practice in handling duty-related criminalcases for more than ten years by the author and combined with the studyingand thinking deeply about the relating theory, this thesis reveals the truesituation and confronted problems, as well as further proves the legality andnecessity of the preliminary investigation, and constructively raises themechanism of improving authority and normality in the preliminaryinvestigation.The thesis, besides the introduction and conclusion, is divided into fourparts: part one introduces the evolution of the preliminary investigation onduty-related crime and proves the legality of the preliminary investigation;part two discusses the indispensability of the preliminary investigation basedon such two angles as realistic consideration and comparison method; partthree analyses problem existing in the preliminary investigation based onsuch two aspects as external enforcement and internal management; part fourputs forward proposals for improving mechanism of the preliminaryinvestigation on duty-related crime based on such four aspects as legislation,system, supporting mechanism, supervision and relief.