Study On The Problems And Countermeasures Of Early Check Into The Duty Crimes

Early check system is the result of the prosecution practice of the procuratoiral organ inChina, which is not only the premise of placing the case of duty criminal on file forinvestigation, but also is the foundation of the investigation work and even the whole processof the prosecution activities. The early check system has become the necessary procedure forthe procuratorial organ to prosecute duty criminal. Atfer the deep and careful study of theearly check system and the problems which appear during the prosecution practice, therelative and more practical policy will be put forward, which will have the highly impotrantsigniifcance on the positive development of the investigation of the duty criminal.Owing to the lack of the conccpt and place of the early check system in the CirminalProcedure Law in China, there is the natual disadvantage in the design of the early checksystem’. Whats more, the more practical factors together lead to the fact that the early checksystme has experienced vairous kinds of problems, which have already have the negativeeffects on the smooth development of the system in the investigation of the duty cirminal. Theauthor，from the anti-corruption agencics in the grass-roots level procuratorate, has the deepfeeling about the problems exsiting in the early check systme. Two problem needs importantcareifjl analysis and solution. One is the lack of effective analysis and evaluation on the cluesfrom tip-off. The other isthe singularity of the measures of the early check system. Both of the problems are theones that the author are always facing duirng the practical work in the process of theinvestigation of the duty cirminal. And at the same time the problems are the ones that arealways confusing the work of early check system in the procuratorate agencies in differentareas.No attention has been paid to the analysis and evaluation on the clues of the tip-offs for along time. The effort of the clues has been neglectcd directly or just been made into a mereformality. But now，the situation of the investigation has been more complex and therequirement has been more strict, we have to have the ifilly understanding the importance ofthe work. The clues are the key to master reliability, clearify the direction, knowing Where tomake breakthrough, increase the successful rates of the ease and The quality the early checksystme. On the basis of the agreement to the problem，the author have the idea that being dense, being fast, being acurate and being flexible will be served as the pirnciples of clueevaluation. On the basis of the scientiifc analysis system and the information clue collectionmanagement system, the clues of the tip-offs are expected to be analized and evaluatedcompletely, scientiifcally and deeply.People’s Procuratorates Cirminal Procedure Rules made it clear that the enquiry, inquiryand inquisition can be adopted without the limitation to the objects of early check system inthe aspects of assault, right of finance and no technological investigation measures. Butamong all these measure, only the inquiry could be adopted widely, the others cannot owingto the lack of the conditions. The inquiry of the objects of the early check systme and therelative persons are the key work for the procuratoiral authority. But with the more clearawareness of the anti-investigation from the objects of the early check system, the role of theinquiry about the property information has been weaken. At the same time, the role of theanalysis about the communication, especially the mobie phone has been stenghthcncd.So, aiming at the singularity of the measures used in the early check system, the authorput forward his own idea from the analysis on the codes from the grass-roots level agencies,strenghtening the comprehensive analysis on the mobile phone communicating informationand the combinatio of the analysis and early check system strategy. Hence, the measure of themobile phone inquiry could be used. In addition，the speciifc cases are added into the paper tomake it clear that the procuratoiral authority can also depend on the very special early checksystmin the practice to settle the problem of the singularity of the measures in the early checksystem.