On Improvement Of Occupational Crime Investigation System In China

Investigation of occupational crime takes a fundamental position in addressing the social issueof occupational crime. However, the current procedures, systems and modes related tooccupational crime investigation have shown the defects and abuses in terms of mechanism designand operation, which in turn directly affects the investigation performance of the occupationalcrime investigation authority. Therefore, it is a general trend to gradually improve the occupationalcrime investigation system within the political system and legal framework. Firstly, the defects ofthe current occupational crime investigation system in China are analyzed, which, according to theauthor, are mainly reflected in three aspects, namely, decentralization of investigation resourceallocation, lack of independence of investigation agencies and ineffectiveness of the investigationpower. The second part of the paper elaborates on the establishment of the working principles foroccupational crime investigation in China. It is held by the author that the working principles foroccupational crime investigation are of important significance in practice. By establishing twoprinciples (the principle of efficiency and the principle of human right assurance) for occupationalcrime investigation, it provides a direction for improving the current occupational crimeinvestigation system. In the third part, the conception for improving the current occupational crimeinvestigation system is proposed based on the foresaid working principles for occupational crimeinvestigation according to the defects in judicial practice: firstly, it is to ensure the efficiency andindependence of occupational crime investigation by improving the integration of occupationalcrime investigation agencies and competency integration, i.e., to organize relatively independentoccupational crime investigation agency with provincial procuratorate as the unit with verticalleadership, thus to realize transversal and longitudinal integration while reasonably defining thejurisdiction of the procuratorial organization in terms of occupational crime investigation andproviding full power for investigation of crimes in relation to corruption. Secondly, it is to ensurethe effectiveness of the power for occupational crime investigation by endowing the procuratorialorganization with special investigation means and establishing the special procedures and measuresfor evidencing occupational criminal facts. In other words, it is to endow the procuratorial organization with such special investigation means and measures as technical investigation,dispatching secret investigators and seductive investigation, establishing stain witness system,lowering the general requirements for application of occupational criminal evidence andestablishing witness protection system and special witnessing mode. And thirdly, it is to improvethe supervision mechanism for occupational crime investigation by establishing such systems asspecially appointed prosecutor, lawyer presence system and hearing examination system.