Research On The Issue Of Preliminary Investigation System Of Duty Crime In Our Country

The procuratorial organs are the legal authority to investigate the position crime in our country, in recent years, procuratorial organs in the process of investigating duty crime cases are faced with more and more serious problems. How to effectively and accurately and promptly investigate and deal with the duty crime, are the theoretical and practical subjects that the procuratorial organs encounter in China. In order to adapt to the needs of investigation work of duty crime, procuratorial organs gradually form preliminary investigation system of duty crime in the judicial practice, which is a unique handling system in a long period of time the practice of gradually forming. The system in handling duty crimes plays an important role.Though, the preliminary investigation system of duty crimes plays an important role in punishing and preventing duty crimes, maintaining and promoting social stability, respecting and safeguarding human rights, finding out the case facts and improving the efficiency of litigation, it is not clearly stipulated in the criminal procedure law in our country, which makes the system controversial in theory and limited in practice. Therefore the preliminary investigation system in our country at present is immersed in an awkward situation. As a concrete manifestation of that the definition and nature of the preliminary system is fuzzy, the denotation of the start-up condition is unknown, the means and measures are in a chaos, the time limit is not clear, supervisory mechanism is not perfect, the responsibility and relief mechanism is lacked wait for a problem. The legal of the preliminary investigation system of duty crimes is not clear, causing a lot of problems in judicial practice, damaging the judicial authority seriously and violating the legitimate rights and interests of citizens. So it is necessary to carry out the preliminary investigation system of duty crimes in-depth research and discussion to promote our country’s criminal procedure of further perfecting the legislation.The preliminary investigation system of duty crimes has related legislation in outside, and in this paper, the typical representatives of the continental law system and Anglo-American law system are discussed, which has important significance on Chinese duty crimes investigation system of legislation and procedure construction. To solve the mismatch of the denotation of the theory and practice and the unified phenomenon of legal system in our country, we must perfect the legislation on preliminary investigation system. At first, we should make Preliminary investigation clear in criminal procedural law as a part of the criminal procedure. Then the corresponding measures are put forward basing on the difficulties mentioned above. On the one hand, we must improve the application security mechanism, such as defining the start conditions, the time limit, the measures and methods and the effectiveness of the evidence of the preliminary investigation system of duty crimes. On the other hand, we must also perfect the relevant supporting mechanisms, such as perfecting supervision mechanism and responsibility and relief mechanism, building a call platform with relevant departments to share information, cultivating professional investigators and setting up a special department. Like this there is the guarantee of due process, then forming a set of systematic preliminary investigation system of duty crimes.