Legal Regulation Of Duty Crimes Of High-ranking Official In Different Jurisdiction

The thesis focuses on duty crimes of the high-ranking officials in different jurisdiction, inorder to summarize the operating procedures in practice and point out the problems in everyprocedure. Due to high-ranking officials tend to have member’s identity of the Communist Party,therefore the Discipline Inspection Commission tends to intervene investigation and control theofficials by using "double designation". This will lead to political influence in the judicialprocess of the cases, and as a result of using " double designation ", the Discipline InspectionCommission collects most of the cases related evidences, it will make the Procuratorate notconducive to the exercise the authority function of legal supervision; In investigation, due to lackof legal provisions on the level and territorial jurisdiction, the Procuratorate confirm jurisdictionof investigation under the jurisdiction of the court trial as a reference standard, since there is noprovisions on the level and territorial jurisdiction of the investigation, the specifying of differentjurisdiction was suspected illegal, consider the investigation as an independent procedure in theprocess, taking the trial as the reference standard is inappropriate; In the trial, although the article26of the Criminal Litigation Law has come to specifying to different jurisdiction on official dutycrime cases, but because of lacking of specific regulations of laws and regulations, theapplication is arbitrary and abused, it run counter to the legal principle program. According to theabove problems, The thesis proposes to take action such as improving transferring the casesbetween the Discipline Inspection Commission and the Procuratorate and after the case istransferred to the Procuratorate, in order to ensure the smooth conduction of the case, inspectorsof the Discipline Inspection Commission can be send to the Procuratorate to assist theinvestigation; founding regulations of level and territorial jurisdiction of Procuratorateinvestigation; constructing application and review mechanism of designated jurisdiction betweenthe Procuratorate and the Court; refining contents of designated jurisdiction and so on.