Our Procuratorial Organs Exercise Their Perfection Crime Investigation Right Position

Our current job-related crimes is a hot issue, after eighteen corruption problem as a major political task, duty crime investigation crimes committed in the fundamental status of governance, the exercise is directly related to the effect of anti-corruption, but in the current job crime leadership system, technical investigation measures, the suspect’s human rights protection system, and the evidence in the implementation process more obvious shortcomings and disadvantages, therefore, within the existing political system and legal framework for standardized operation of duty crime investigation right is the trend.According to our current law, the right to exercise the duty crime investigation by the prosecution of public servants exercising functions and powers of supervision. But academic exercise duty crime investigation right on the prosecution have different views, some scholars have proposed their own prosecutors supervise the investigation himself, easily lead to abuse of power, that the exercise of the duty crime investigation advantage by specialized agencies, public security or the supervisory authority, but the public security and monitoring organs belong to the executive, the executive power of administrative supervision is clearly inappropriate behavior, set up specialized agencies will have to consume huge legal costs and time costs, so under the existing system as prosecutors exercise duty crime investigation right subject is more appropriate. And from the leadership system, working with the coordination, in terms of judicial traditions, and procuratorial organs exercise advantage. But it is undeniable that, due to the exercise of the right of prosecution criminal investigation lacks the necessary independence and effective oversight, existing investigative techniques can not meet the exercise of the right of duty crime investigation requirements, coupled with the evidence of system problems and suspect for crimes committed to strengthen human rights protection and attention, so that prosecutors investigating crimes committed in the exercise of rights faced difficulties. In order to more effectively combat crimes committed, we need to further improve our duty crime investigation prosecutors exercise of the right to be specific major improvement from the following five aspects: First, the reform of the leadership system of the procuratorial organs, human, financial, material yield owned by the prosecution vertical management; second is to strengthen external supervision prosecution and internal prosecution supervise mutual restraint; third is to improve job-related crimes investigative measures to enhance technical means and technical support, given the right to decide and execute technical investigation right, equipped with technical equipment and professional investigation, under certain conditions, can be applied to the temptation of secret investigative measures and investigators, the four great importance to strengthening the duty to protect human rights of criminal suspects; Fifth, improve the exercise of the right of duty crime investigation body of evidence establishing stain witness evidence and witness protection system.