On The Perfection Of The Abuse-of-power Crimes Investigation System

Anti-corruption has always been highly concerned all over the world. How to effectively prevent and punish the abuse-of-power crimes has become a worldwide topic, especially when the ways of abuse-of-power crimes are under endless developing, along with the high development of society and economy. Hence, as a kind of specific anti-corruption criminal justice system, a reasonable and effective investigation system for the abuse-of-power crimes becomes the key combat.Though, since the country was founded, the investigating for the abuse-of-power crimes has inclined to legalization and scientific, but with a short time establishment and the lack of experiment, it also has obvious deficiencies in both settings and operations. First, the diversification of investigation agencies leads to the scatter of forces and the dual leadership system of procuratorial organs causes serious constraints for the command and decision-making in investigating the abuse-of-power crimes. Second, the simple investigation measures influence the efficiency of crime investigation as well. Third, the information management system has serious defects in sharing information with the relevant law enforcement departments, clues management mechanism and intelligence information collection. Fourth, command cooperation channel is impeded, the main responsibility is not clear and the investigation decision model has low efficiency. Fifth, the supervision and restriction mechanism is not complete, so some investigation organs have random law enforcement.Through comparing with the advanced investigation system of abuse-of-power crimes in other foreign countries, it can be seen that both continental law system and Anglo-American law system, whatever the type of the abuse-of-power crimes investigation system is, have something in common. First, in view of the abuse-of-power crimes has a specific and complete legislation. Second, the investigation departments exercise more independent indictment, and are granted special power different from other ordinary criminal investigation of special power. Third, the long-term internal and external supervision mechanisms.In order to more effectively curb the abuse-of-power crimes, and more fully play the role of indictment for the abuse-of-power crimes, our country can from the following several aspects to reform and complete the abuse-of-power crimes investigation. First, in terms of abuse-of-power crimes investigation subjects, allocate the indictment reasonable, unified the investigation agencies, push forward the integration of the abuse-of-power crimes investigation, and reform the leading system of procuratorial organ. Second, in terms of abuse-of-power crimes investigation measures, give abuse-of-power crimes investigation organs perfect technical indictment and temptation indictment. Third, in the case of information management system, perfect the case resources information sharing and case clues transfer mechanism with the related law enforcement departments, unified case clues management system, and establish the information and intelligence system. Fourth, in terms of investigation decision model, emphasize the command function adequately of the investigation command center, and apply the host prosecutors system. Fifth, in terms of supervision and restriction mechanism, strengthen the department internal supervision between the superior and subordinate and from the investigation supervision department to the self-supervision department, stressed the equal importance of substantive justice and procedural justice, and strengthen the external supervision of abuse-of-power crimes investigation through the establishment of judicial review system and standardize the people’s supervisor system.