Study On The Legal Issues Of Preliminary Investigation Of Duty Crime

Preliminary investigation has played a vital role on the investigation of duty crime cases for procuratorial organs. The policy of "the rule of two evidence" initiating and the revision of criminal litigation law with the development of the defense system and evidence system has put forward new and higher request to the investigation of duty crime cases for the self-investigating department of procuratorial organs. Also, it brings major challenges on the investigation of duty crime cases and the opportunities for preliminary investigation. Although there is no clear stipulation about preliminary investigation system in the new criminal litigation law, it has been refined in 《The people’s procuratorate criminal procedure rules》providing the basis to the preliminary investigation on duty crime cases. How to regulate the preliminary investigation and play a better role on the process of investigation on duty crime cases have become the important discussion topics. Combining the theory of criminal litigation law and the relevant research results, the paper has discussed the preliminary investigation behavior on duty crime cases for procuratorial organs. There are four chapters in the paper.The first part is the summary of preliminary investigation on duty crime cases. The chater Starts with the concept of duty crime preliminary investigation and the analyses of the generation and development of preliminary investigation on duty crime cases in China, which makes it clear. And the concept of preliminary investigation system on duty crime cases is analyzed. The second part mainly discusses the nature and principles of preliminary investigation system on duty crime cases. By the methods of contrast, the relationship between the preliminary investigation and inspection before filing case is compared. It analyzes the nature of preliminary investigation system on duty crime cases and the principles abided by. The third part analyzes the content, methods and the effectiveness of the evidence on duty crime cases by preliminary investigation using the method of case analysis, through the procuratorial practice. The fourth part is to analyze the dilemma that preliminary investigation system in China is facing and give suggestion for the perfection of the preliminary investigation system from the aspects of theory and practice with reference to the provisions of other countries to the preliminary investigation system in order to promote the theory of preliminary investigation system in China and provide the reference of legislation.