Research On The Configuration For Investigation Power Of Duty Crimes In China

Investigation power of duty crimes is always an important object of procuratorial reform. How to reasonably configure investigation power of duty crimes, and how to strengthen the supervision of investigation power of duty crimes,which both are focuses in academic and practical departments, have a profound theoretical value and great realistic significance.In this paper, the current practical problems are analyzed following with theoretical study and overseas pattern inspection. On this basis, the subject of investigation power of duty, the leading system and the mechanism of supervision and coordination have been carried on in the research,. In the meanwhile, investigation measures are also advised in a specified way. This paper aims at carrying out a train of thought of improving efficiency of striking duty crime, under the premise of implementing theory of socialist legal system.This paper is divided into four parts; the first part is the overview of the configuration of investigation power of duty crimes.First of all, summarizing the essential feature of the investigation power by comparing related concepts:1. The investigation power of duty crimes can only be authorized to the specific investigation organ, which shall has constitutionality.2. The investigation power must be exercised strictly in accordance with the law.3. Investigation power is a kind of coercive power of state.4. The purpose of investigation power is to find out the truth.Secondly, according to the characteristics of duty crime, the value orientation of duty crime investigation has been established:striking crime, safeguarding human rights and the pursuing high efficiency.In the end, define the configuration principles as:independent, highly efficient and conditional.The second part is about the configuration model of investigation power of duty crimes. In the first place, comparing the different configuration modes in other countries, then digging the rational factors serve for selecting the configuration mode which is suitable for China’s national conditions in theory. Secondly, by evaluating the characteristics of the current configuration mode, some possible problems have been found. Procuratorial organs mode nominally exists in our country, but there is a lot of deficiencies in the actual operation, mainly reflected in two points:one is the existence of the mode looks like troubled in misfit embarrassment, calling for being reestablished, the other is that the understanding of the pattern is too narrow, which has a great deal of change space.The third part shows the details about configuration problem in China. Firstly, due to local control of the human and financial resource, the vertical leadership structure of procuratorial system has been falsified. Procuratorial system’s independent leadership structure is also directly contributing to the independence of duty crime investigation department. Secondly, multiple configuration of the investigation power of duty crimes misuses the limited resources, weakening the ability to solve major cases. Thirdly, the investigation measures of Procuratorial organs are imperfect, thus creating obstacles to the duty crime investigation. On one hand, inefficient investigation measures affect the case itself; on the other hand, it creates space for the Commission for Discipline to investigate illegally, which makes the leading system independent.The fourth part is about improving configuration of investigation power of duty crimes. In view of the existing problems, I put forward the corresponding opinions and suggestions. On the basis of "The United Nations convention against corruption", some relevant concepts about the integration of duty crime investigation has been transplanted to a certain degree, applied in the China’s case following the actual national conditions. At the same time, referring to new Criminal Procedural Law, some duty crime investigation measures are also proposed.The overall idea is, starting from special investigation measures, by strengthening procuratorial organs’ working method, makes the dispersed investigation power centralized to the procuratorial organ. As cases assembled, strengthening management of clues platform, and integrating internal institutions at the same time. With the expanding scale, establishing a strong command center can be started. Finally, specialized division of functions can make investigation function separated from public prosecution and other lawsuit function, then, an independent leadership system will be formed.