On Perfection Of The Current Duty Crime Investigation Syste

The duty crime investigation system is an important system of criminal justice, for over sixty years, China’s duty crime investigation system with China’s other political, economic, legal system, has experienced many twists and hardships, until1979formally promulgated in criminal law and procedure law, China’s duty crime investigation system began to gradually embarked on a legal track. The establishment of any legal system, all need a self perfection process, this paper uses empirical analysis, comparative analysis and other research methods, aiming at the defects existing in this system, combined with the existing theoretical research results, analysis and Discussion on how to overcome these shortcomings, puts forward some reforming suggestions, and some the traditional concepts and theories related to the duty crime investigation system challenged and demonstrated.In addition to the introduction and conclusion, the text is divided into five chapters.The first chapter is introduction. Constitute the crime of duty crime investigation, the concept and characteristics of duty crime investigation system is introduced briefly in this paper.The second chapter is the current situation of the duty crime investigation system. The current duty crime investigation agencies in China, duties and authority establishment present is introduced, a brief analysis of the characteristics of our current duty crime investigation system. In our country bears the functions of investigation of duty crime mechanism is mainly the system anti-corruption departments and anti malfeasance department. The procuratorate anti-corruption departments at all levels and departments are responsible for their own anti malfeasance crimes within the jurisdiction of the investigation work. The characteristics of China’s current duty crime investigation system:1, compartmentalization, procuratorial, public security all tube block;2, the duty crime investigation department investigation means Co.;3, the duty crime investigation agency pan administration;4, the duty crime investigation departments under local control.The third chapter is the current duty crime investigation system review. Mainly on the current duty crime investigation agencies in China, duties and power. The defect is analyzed briefly, and discusses the practical difficulties confronting China’s duty crime investigation work. Our current duty crime investigation agencies in the organization (personnel) the system deficiencies exist:1, institutions are not independent, the independent exercise of powers to abuse;2, budget system. Procuratorial organs of the wages, bonuses, benefits, working conditions, equipment and other expenses are dependent on the local. The shortcomings of our current duty crime investigation system exists in the program system:1, preliminary investigation, case. The relevant provisions of the Supreme People’s Procuratorate formulated cases party report system in violation of the Constitution and the criminal procedure law, does not conform to the procuratorial organs independently exercise procuratorial authority principle.2, case jurisdiction. Procuratorial organs jurisdiction scope, in judicial practice, the duty crime case to the public security organs to attend to the private sector and collective economy organization staff.3, investigation measures. Procuratorial organs so far still did not have the technical investigation right.4aspects of investigation supervision. At present, the duty crime investigation organ is the procuratorial organs, therefore, supervision of investigation of duty crime in a dilemma. Faced with the difficulties of China’s duty crime investigation work:1, the duty crime investigation organs lack of independence;2, the duty crime investigation organs lack necessary;3, the duty crime investigation organs lack due authority;4, the right of investigation of official offence lacks real supervision;5, lack of job criminal investigation professional personnel, detection means backward, the efficiency is low;6, the many, the effect is not good, the crime black number huge;7, lack of incentive mechanism, scientific work and job security mechanism.The fourth chapter is the comparison of foreign countries and regions of the duty crime investigation system as well as the "United Nations Anti-corruption Convention" enlightenment. Through the comparative analysis of American, Germany, Singapore and Hongkong of China’s duty crime investigation system, we can find that they have some common characteristics:1, anti-corruption mechanism has strong independence;2, anti-corruption mechanism has a strong professional;3, anti-corruption agencies have extensive investigation power and special investigation means;4, anti-corruption agencies should also be strict legal supervision."United Nations Anti-corruption Convention" Enlightenment to us:1, independent anti-corruption agency;2, the private sector is the key field of anti-corruption; widely involved in the3society;4, a comprehensive anti-corruption measures;5, to prevent and combat both diversification;6, investigation means;7, expand the elements of bribery crime.The fifth chapter is to perfect our country’s duty crime investigation system. On the base of analyzing the preamble to the current duty crime investigation agencies in China, duties and power settings defects, on China’s duty crime investigation organization, duties and powers set of proposals to improve. Our country should establish special institutions similar to the Hongkong ICAC, responsible for the duty crime case investigation of all. The ICAC organizational and personnel rights are owned by the ICAC leadership, not under the leadership of local Party committees and governments at all levels, the ICAC funds are allocated by the National People’s Congress unified. In order to overcome the defects of the duty crime investigation procedure mentioned above, in the establishment of the crime investigation agency new at the same time, attention should be paid to modify and improve the following procedures:1, preliminary investigation system, file. The ICAC in duty crime cases investigation, other crimes may be involved in the case be placed on file for investigation, is not affected by the jurisdiction. Jurisdiction2, the duty crime case. In addition to the jurisdiction of the ICAC should present procuratorial organs under the jurisdiction of all self investigation cases, should also include a variety of national staff bribery criminal law of other eighth chapter outside of the crime and the criminal law ninth chapter of crime of malfeasance.3, enforcement measures. The legislation should stipulate the ICAC is a criminal investigation department, is the nature of the police organs, but also enjoy all the rights of criminal investigation, the criminal procedure law gives the public security organs, in addition, also should be given to the ICAC emergency power of arrest.4, the establishment of special investigation system. Our country should make some special criminal procedure law for different crimes, special investigative measures (such as hacking, hacking, undercover, tracking) to detect specific organs of the specific criminal cases. To make the anti-corruption struggle healthy, efficient development, in addition to establish and perfect the duty crime investigation system, should vigorously improve law enforcement environment, improve the relevant system should focus on the following:1, establish a Chinese characteristics of the judicial writ review system;2, to establish a scientific, perfect crime legislation system;3, establish and improve the officer property declaration, review system;4, to establish and perfect the government information publicity system;5, high salary;6, freedom of the press;7, establishment of an immunity of tainted witness criminal responsibility system.