Study On The Duty Crime Investigation System

In investigating crimes committed, preliminary investigation has become a necessary stage, preliminary investigation and importance of emerging, reflect the criminal procedure law. Preliminary investigation of duty crime in the judicial practice is widely used, for the fight against corruption against duty crime played a positive role, is China's procuratorial organs in the measures for the practice of job-related cases need to take investigation and evidence collection.This article from the six parts of the duty crime investigation system were discussed:The first part is the problems existing in the process of China's duty crime investigation, starting from the duty crime investigation of the practical work, leads to crimes investigation subject;The second part is of preliminary investigation of duty crime concept and the characteristic, and briefly introduces the particularity of preliminary investigation of duty crime concept and preliminary investigation of the subject, content of specific and objective certainty, preliminary investigation link of the past, the unified and standardized, according to six aspects of sign.The third part is the main content of preliminary investigation of duty crime,from the preliminary investigation of the conditions, measures of preliminary investigation of duty crime investigation after investigation, such as the difference between aspects to elaborate the main content of preliminary investigation of duty crime;The fourth part is the necessity of preliminary investigation of duty crime,preliminary investigation is determined by the characteristics of duty crime cases, by crimes and investigating the actual condition is, is by the nature of the case, accurate to combat crime target decision, is to protect human rights, prevent miscarriages of justice, but also adapt to the duty crime concealment of the inevitable requirement;The fifth part is the status quo of preliminary investigation of duty crime,mainly from the preliminary investigation of the lack of clear legal basis and thelegal rights of the preliminary investigation object is not fully guaranteed, the lack of corresponding supervision and restriction, the preliminary investigation procedure and the lack of measures to standardized and other aspects to illustrate the existence of preliminary investigation of duty crime;The sixth part is of preliminary investigation of duty crime mechanism perfect I see, mainly from drawing on the useful experience of foreign countries, the legalization of preliminary investigation system, determined to build the principle of preliminary investigation of duty crime, establishing and regulating the duty crime investigation supervision mechanism, perfect means of preliminary investigation, if necessary, appropriate use of technical investigation, strengthen the management and found clues, improve the investigation level, to standardize the preliminary investigation procedure, content, improve quality of preliminary investigation etc.makes a study of the practical operation.