On Improvement Of Investigation Measures For The Duty Crime

Duty crime is the typical manifestation of corruption, thus becoming the focus of punishment and prevention by the governments. In recent years, China has continued to strengthen the punishment and prevention of duty crime; however, the crime not only has not been effectively controlled, but increasingly serious. The amount involved in the crime, the width of the persons involved therein, the long lasting duration of the crime and the increasing level of the title and rank of the offender severely have impaired the image and prestige of the country and the government, and the legal deterrence is weakening. The low investigation ability, the low efficiency of the departments investigating the duty crime and the failure to timely and accurately identify the crime is an important factor in which the duty crime cannot be effectively suppressed. Among many reasons which result in the low ability of the investigation ability of the departments investigating the duty crime, the imperfect investigation measures for the duty crime is one of important reasons. How to improve investigation measures for the duty crime, and thus improve investigation ability and efficiency of the duty crime has become a serious problem facing the circles of theory and practice.From the perspective of how to improve investigation ability and efficiency of the duty crime, this paper analyzes the status quo and existing defects of investigation measures for the duty crime in our and proposes to improve investigation measures for the duty crime. This paper is composed of three chapters:Chapter One is the overview of investigation on the duty crime, and analyzes and discusses the concept, characteristics and classification of investigation measures for the duty crime.Chapter Two analyzes the existing defects of investigation measures for the duty crime in China. This chapter is divided into two sections, in which section one analyzes five defects existing in investigation measures for the duty crime: one is investigation on the duty crime is becoming more and more difficult, and the existing investigative measures cannot adapt to the investigative demand; two is some important investigative measures depends on other departments to implement; three is the lack of investigation measures for initiative, effective collection of evidence; four is the relevant provisions for technical investigation measures are not perfect; five is the lack of counter measures if the witnesses refuse to testify. Section two analyzes the causes for the defects of investigation measures for the duty crime.Chapter Three discusses the improvement on investigation measures for the duty crime from two aspects: one is to improve the principles of investigation measures for the duty crime; two is the five specific measures to improve investigation measures for the duty crime, including improving the system for investigation measures for the duty crime, entitling complete investigation power with the investigation organs, improving technical investigation measures, constructing and developing special investigative measures and improving the system for compelling the witness to testify.