Research On The Preliminary Investigation Into Duty Crime

Preliminary investigation about duty crime is carried out by Procuratorial organ, whichhas been established long time. The role it plays has also approved by all walks of life. But itslegal status wasn’t clear until the nineties of last century (1990s). None of systems’implementation does not need the guarantees of Legal procedure, the preliminaryinvestigation into duty crimes system either. Duty crime investigation procedure is animportant content in the preliminary investigation system. In the eyes of existing provisions, itis not only the preceding procedure of Criminal Proceeding; and it is a part of criminalproceedings essentially. The process of duty crimes has an awkward position among thelegislation and the practice. This article discussed issues related to the preliminaryinvestigation procedure, and tries to put forward some suggestions about the reform in theprogram of preliminary investigation.This paper includes four sections, and this paper is about thirty thousands words.The first part is introduction. This part is mainly clarify the concept of preliminaryinvestigation. Preliminary investigation is carried out in view of the duty crime clues by theprocuratorial organs who take a series of preliminary investigation behaviors not involvedcompulsory measures to determine whether the cues are the conditions of filing a case incriminal procedure law or not. In our country, the development of the process of criminalproceedings experienced a spontaneous practice infancy only by the substantive departmentsfrom the eighties of the last century, to the form of "review" gradually established by the Codeof Criminal Procedure in1996, which so far is still in the continuous improvement.The second part summarizes the operation process of the procedure of preliminaryinvestigation into duty crimes. The Procurator ate has their own process about case of privatedetect. This paper states the operation of process of preliminary investigation from the startup,propulsion and windup. Preliminary investigation takes clues as a starting point, decidingwhether to start the program. According to the characteristics of all kinds of clues, theprocuratorial organs will assess the object of work focused on report to find clues and theclues in the evaluation of the link. After examination and approval, the registrar of thePreliminary investigation will formulate a scheme, then decided to submit to put on record ornot according to the results of the survey.The third part analyzes the status of preliminary investigation in duty crimes. In this paper, the author thinks there are many problems in the actual operation of procedure ofpreliminary investigation into duty crimes. But we would not deny the value of preliminaryinvestigation. In contrast, the reason of the problem is not only limited to their own defects ofprocedures, but also many factors external. The lack of legislation leads to cast doubt onlegitimacy and evidence about preliminary investigation.Facing to the problems in practicesuch as: emergence of the preliminary investigation is not standardized; preliminaryinvestigation turns into the investigation; the supervision of preliminary investigation is notworked efficiently. When thinking the evade of the internal evaluation mechanism, we can notneglect the potential impact form the twin goals of program punishment of crime andprotection of human rights. After analysing the problem, the authors believe that the readerwill take a tolerant attitude towards reforming process of preliminary investigation.The fourth parts focus on reforming about the procedure of preliminary investigation intoduty crimes. The core of the reform lies in the reform in the legislation. The preliminaryinvestigation system is completely missing in the Code of Criminal Procedure of China. Thearticle proceeded from theory and practice, and proposed to endue preliminary investigationwith the legal status in the Code of Criminal Procedure, then bring the preliminaryinvestigation procedure into the proceedings, and abolish the independence of registrationprocedure, and reduce the criminal limit. Preliminary investigation procedure becomes legal,and the preliminary evidence is no longer in question after solving the basic problems. Thenother problems were also eased. On these bases, the reform of the preliminary investigation ismore efficient. The emphasis of the reform in The Preliminary investigation program to defineit’s term. Based on the investigation of the procuratorial organs data, the author proposal weshould limit the term in two months and strengthen the means of investigation, combing withthe direction of the amendment of criminal procedural. In addition, the necessary supportingmechanism is also propitious to operate effectively on preliminary investigation procedureand it is briefly mentioned in this paper.