The Empirical Research Of The Preliminary Investigation System Of Duty Crimes

The Preliminary Investigation System Of Duty Crimes is a case investigation systemcreated and developed by the Procuratorial Organs in the judicial practices. Although thissystem is of great significance to the duty crime investigation, but it isn’t clearly defined inthe current Criminal Procedure Law. This makes the system has many defects in practice.Therefore it is necessary to conduct in-depth study and discussion on the PreliminaryInvestigation System Of Duty Crimes.This paper makes empirical studies on the Preliminary Investigation System Of DutyCrimes by examining the research data and the preliminary investigation case of the L District,G City People’s Procuratorate. The main body of a total of more than10,000words is dividedinto four chapters:The first chapter analyzes the operation status of the Preliminary Investigations System OfDuty Crimes through two aspects, the running state of the system in practice and the positiverole played by the system. The running state of the system in practice: preliminaryinvestigations are essential link in the detection of duty crimes; require longer time, extensivecontent; adopt various means, with detection Properties; evidence is not recognized; has lowereffective. In practice, the system of preliminary investigations play a positive role to preventthe abuse of detection power and enhance detection capability.The second chapter discusses the realistic defects which the Preliminary InvestigationSystem Of Duty Crimes is facing. The system has the deficiencies and weaknesses in thejudicial practice: management is not standardized, the standard of proof is too high, lack ofmeans, evidences not to be recognized, supervision absence.The third chapter explores the reform program of the Preliminary Investigation System OfDuty Crimes. Reforms in the judicial practice should focus on solving problems in the realoperational level, including the standardization of the preliminary investigation management,the reconstruction of the system of the detection evaluation, and the legislative authorizationof the preliminary investigations means, the recognition of the evidences, the construction ofthe supervision mechanism etc..This paper proposed the reform program of the Preliminary Investigation System Of DutyCrimes, but the legislative reform which should give this system of legitimacy, and reconstruct the detection procedure, must be put forward to fundamentally solve the problemsthat this system is facing.