Study On The Horizontal Distribution Of The Investigation Power Of The Duty Crime

The anti-corruption is the main theme of any country, any society advocate, any system,an important indicator of the social atmosphere is not clean and evaluation of government governance. Therefore, in the framework of the establishment of the system of punishing and preventing corruption, the investigation of duty crime has become one of the important work. To better play the role of the investigation of duty crime, then we must consider the high efficiency and specialization of the investigation of duty crime. However, at present, our country's duty crime because of historical reasons the subject of crime is only limited to the national staff of the narrow range, far from covering the current large number of non national staff loss duty honesty and social justice of the crime, the duty crime is divided into state functionary crime and non state functionary crime, the crime investigation right essentially by the public security organs and procuratorial organs have respectively. Because the law can never be perfect, can not foresee the future aspects in the economic diversification of the moment, limits the identity of national staff tend to become increasingly blurred, the duty crime investigation jurisdiction dispute more and more inevitable. The investigation of horizontal configuration in the academic circles has not fresh topic, who is to perform the duty crime investigation right, academic "procuratorial organs", "public security organs", "independent anti-corruption agency said" a different point of view. But on the internal causes of duty crime investigation into the right of public security organs and procuratorial organs of power of investigation, but few insights from the perspective of theory and practice of the theory, the proposed solution is often from theory to theory or from practice to practice. I will try to meet the actual cases from their own work with layers of expose present duty crime investigation right of our country horizontal configuration problems, on the issue of the reasons, put forward the legislative process of the game department, the "post" definition of bias, lack of investigation efficiency considerations, enacted law itself defects and other aspects of the theory and practice of in-depth analysis, and put forward to solve the problem of judicial practice of the scheme from the perspective of judicial practice, from practice to theory and practice to study, trying to China in the current context, in addition to proposals to amend the criminal procedure law gives prosecutors general duty crime investigation, construction of the legal window period to establish a coordination mechanism, more reasonable and more operable to solve job-related crimes investigation of the right lateral configuration in practice case To the embarrassment, better let the people realize the fairness and justice, establish legal authority, promote the construction of the rule of law in China.