Preliminary Investigation System Of Duty Crime In Procuratorial Organs Of Our Country

Preliminary investigation system of duty crime was created and developed in the process of duty crime investigation.It has carried strict constraints and limits on the investigation work of duty crime,which has important guiding significance.The new criminal procedure law implemented and revised in 2013,has laid great emphasis on the concept of human rights protection,further enhance the right to defence on part of the lawyer,identify the status and role of exclusion rules of evidence collection in the criminal lawsuit activities,and set more rigorous and detailed rules on the procedures of evidence collection.The implementation of new criminal procedure has greatly accelerated the transformation of China's procuratorial organs working mode,since the previous investigation mode “from confession to evidence” has been unable to adapt to the request of the new development background under the new situation.The new situation has put forward higher requirements on preliminary investigation system of duty crime.At the same time,preliminary investigation system has not been recognized by legislative,which exists problems of no unification,lack of forming a complete set of legal documents,limited means,and low rate of preliminary investigation into the case of real defects.These actual drawbacks greatly affect the denotation of the system function and can't satisfy the real need of preliminary investigation system of duty crime after the implementing of new criminal procedure law.Furthermore,unclear denotation of the term,lack of supervision mechanism and such problems disobey the principle of protecting human rights and lawsuit efficiency.From the three aspects of practical operator,system designers and lawmakers,the author tries to put forward proposals to reform and perfect the preliminary investigation work,the preliminary investigation system and preliminary investigation legislation,and thus contributes to the development and perfection of the preliminary investigation system.