Elaborate The Dilemma And The Countermeasures Of Criminal Malfeasance Investigation

Criminal malfeasance is a person with a certain duties identity intentionally or neglecttaking an action which violates the national administration of the public functions andreputations, undermines the effectively management of state economic activity and socialaffairs. The economic losses caused by criminal malfeasance are incalculable. Meanwhile, italways accompanied by significant casualties and endangered the rights of citizens, whichresults in extremely bad social impact. The criminal malfeasance arise widespread attentionby the society because of its serious danger to the society. Due to the unfavorable factors suchas inadequate in criminal malfeasance investigation mechanism and defects of theory studyand legislation, the crackdown on the criminal malfeasance cases is badly impeded. It is also aproblem which needed to be solved immediately by the supervision department; especially theAnti-ditch Investigation Department. Therefore, based on the problems which exist in thework of anti-ditch, a few feasible suggestions are given, including ‘integrate investigativeefforts, enhance the legislation, establish and improve the mechanism of anti-ditchinvestigation’ ect. It will have significant influence and high reference value on the futureanti-ditch work.In this paper, based on the practical work on Anti-ditch, combined theory with practice,the author gives detailed description and rational analysis on the current situations ofanti-ditch work, problems and reasons. And thus a series of proposals and measures are madefor the anti-ditch work, hoping to have a valuable influence on the anti-ditch work.This paper is divided into four chapters except the introduction：The introduction of this paper mainly describes the sources of the topic and structureideas, the conception and nature of criminal malfeasance, as well as a brief description ofsocial harm, in order to reveal the theoretical and practical value of this study.The first part of this article talks about the current situations and plight of criminalmalfeasance, including the defects on traditional admission to proof model, evidencecollection difficult, shared responsibility, reliance light sentencing, serious local protectionism,integrated investigation mechanisms are inadequate, the functions of investigation center areweaken, breakthrough new charges are difficult. According to these practical problems, thesecond part of this paper analyzes its causes. The second part of this paper analyzes the causes of criminal malfeasance. It revealsreasons why criminal malfeasances frequently commit from five aspects, including theimperfect investigation mechanism of anti-ditch, the low social awareness of criminalmalfeasance due to inadequate anti-ditch publicity, the coordination between anti-ditchdepartments and other departments，Inspection and supervision are not effective preventivemeasures,both mere formality,Particularity malfeasance cases resulted in no source ofinformation and intelligence. A scientific predicts trends on anti-ditch are given in the thirdpart.In the third part, the author gives a scientific anticipation on the development trend ofcriminal malfeasance, including criminal malfeasance presents multiple-prone, abuse ofpower, abuse of power will be the typical form of criminal malfeasance, cross-sector casesincreased, judicial, administrative personnel hazards criminal justice has aroused growingconcern. Offenses transferred from favoritism dereliction to methods malfeasance, the two areintertwined interacts. The use of unspoken rules to commit crime is frequent and meansincreasingly subtle, cunning and intelligent, causing even more enormous amount ofeconomic losses. This part provides a strong theoretical basis for the proper solutions in thenext part.The fourth part give some feasible and practical advices on how to resolve the problemsrelated to the investigation of anti-ditch. The first is to transit the ideological thinking andcorrect attitude of law enforcement. The second is to strengthen anti-ditch investigation ofqualified personnel.The third is to improve information and intelligence management systemof criminal malfeasance case. The fourth is to build investigation coordination mechanism.The fifth is to establish a sound crime investigation safeguard mechanism. The sixth is tocomprehensive use of various investigative techniques to effectively investigate criminalmalfeasance. The last is to emphasize on the legal education and advocacy and strive to createa good environment for law enforcement. I believe if the seven aspects are well done, it wouldgreatly strengthen the anti-ditch cohesion and solidarity within the department, which will bebenefit to the crackdown on the criminal malfeasance cases.