Official Crimes Preliminary Investigation Mechanism

Duty crime investigation produced in the judicial practice of prosecution for investigation of crimes committed play an important role. But the legal status has been controversial, The reality of the high demand and preliminary investigation regime against crimes committed.there is a contradiction between the theory of defects and high demand and preliminary investigation regime. The key to solve the contradiction is to improve our legislation and make investigate crimes committed clear. Make a norm for the job preliminary investigation of criminal procedural application. to develop a scientific and certainly at the beginning of the value of duty crime investigation exists for the use of evidence obtained in the preliminary investigation to provide evidence.Thesis consists of four parts. The first part make sure duty crime investigation early.a brief analysis of the concept and nature of the preliminary investigation of crimes committed. It narrative the relationship of investigation.It also analysis and contact difference between the two to recognize the substance of the preliminary investigation crimes committed, the last of the protection of human rights crimes committed reflect, to combat crime, procedural justice are discussed, highlighting the crimes committed at the beginning of the legitimacy of the existence of the investigation.The second part describes the preliminary investigation crimes committed in the presence of legislation and practice issues and evidence admissibility deficiencies exist obtain preliminary investigation, noting that the legislation law preliminary investigation of crimes committed on unscientific, inadequate legal basis; practice and preliminary investigation conflict filing of preliminary investigation clues lack of scientific management, leading to reduce the influence of the early clues worth investigation work; the resulting lack of evidence and because the legislation, being questioned form and content of the evidence. It can not be recognized.The third part of the legislation departure from abroad, learn from foreign proceedings start mode, analyze the pros and cons, according to China’s actual, noted in the case of the fight against job-related crimes, should adopt a more proactive then type boot mode, to respond to the special requirements of such cases.The fourth part is based on the first three parts, based on the preliminary investigation system for problems in the analysis of domestic and international proceedings start, based on the early use of duty crime investigation system in legislation,evidence, preliminary investigation supervision, preliminary investigation clues propose practical solutions to management issues.