Study On The Perfection Of Duty Crimes Investigation Mode

The progress of China’s social democratic and legal construction has brought aboutmany new problems and new challenges in the judicial activities of the prosecution inpunishing corruption. On one hand, the duty crimes showing the characteristics ofintelligent, secretive, groups, long-term, concentrating in high-risk areas. There are someproblems in the present investigation mode those restricting the procuratorial organs todetect and combat crime timely and effectively. On the other hand, respecting andprotecting of human rights has become the social civilization and progress signs andrequirements of the people-oriented scientific concept of development. But theprocuratorial organs generally ignore the protection of the legitimate right and interest ofcriminal suspects in the investigative practice.The functions of the procuratorial organs include fighting against crime andprotecting human rights, but it is more important that how to achieve their organic unityand to keep their dynamic balance. This must continue to improve the relevant legislation,effective innovation mechanisms and scientific design of specific systems, activelyexplore crimes investigation mode in line with our judicial practice. This has theoreticalsignificance of supplement attorney theory and the practical significance for the buildingof a socialist country under the rule of law and a harmonious society.This paper based on the basic theory of the criminal proceedings, referred to usefulexperience of foreign crimes investigation mode and operation, is to research andexplorate duty crimes mode. This paper is divided into four parts:Part one is an overview of crimes investigation mode. The concepts and features ofcrimes investigation are discussed, then the meaning and classification of crimesinvestigation mode are discussed.Part two is a research on the extraterritorial crimes investigation mode. This partdiscriminates two main types of extraterritorial crimes investigation mode; comparativesanalysis of three different elements of crimes investigation mode: the agency of theinvestigation right exercise, the right permissions of investigation, the independence of theinvestigation right; learns from foreign crimes investigation mode recommended advanced practices and useful experience, to optimize the configuration and the exercise of thepower of investigation and respect for the protection of the rights of criminal suspects.Part three is the analysis of the current situations and problems of crimesinvestigation mode. First, the six different characteristics are discussed, and then two mainissues of crimes investigation are summed up.Part four is to explore how to improve our crimes investigation mode. In order toimprove China’s crimes investigation mode, it should be based on the current experience,to find a balance point between fighting against crime and protection of human rights.Specifically, we must improve the relevant legislation and working mechanism and theformation of specific systems by historical heritage and reasonably absorb, improve theeffectiveness of punishing crime; fully protect human rights and improve the crimesinvestigation legitimacy, and entrust people rights, perfect this mechanism and establishindemnificatory system.