Research On The Problem Of The Duty Crime Investigation And The Countermeasure

Duty crime,the damage is not only the integrity of state functionary,but also damage the fairness of the national public power authority,reduce its prestige among the public.How to control corruption,combat duty crime,it is governments are facing a problem.With the development of the global society in recent years,science and technology improvement,the process of informatization,globalization,duty crime means and high-tech content is higher and higher,to the duty crime investigation brought greater obstacles.This paper used the methods of empirical analysis,comparative analysis,this paper discusses the duty crime and the content of the duty crime investigation,at the same time,according to the difficulties existing in the duty crime investigation,combined with the existing theoretical research results,analysis and discussion on how to improve and overcome the resistance,puts forward some ideas to reform of duty crime investigation and suggestion.Besides preface and conclusion,in full text is divided into five chapters.The first chapter is summary of duty crime.On the concept and characteristics of duty crime and the international trend of duty crime are discussed.The second chapter for the duty crime investigation and an overview of current duty crime investigation system in China.Duty crime investigation there are the following characteristics:1,the duty crime investigation,there is a special object;2,widespread duty crime investigation from people to work qualities;3,duty crime evidence difficult.Tells the story of duty crime investigation purpose.The current duty crime investigation system in China are discussed,the current duty crime investigation system,functions of main system undertakes the duty crime investigation bureau and anti-graft bureau of infringement against corruption and bribery.Discusses the duty crime investigation system in our country exist the following problems:1,no unified duty crime investigation organ to exercise the indictment;2,limited duty crime investigation organ detection means;3,judicial characteristics of duty crime investigation organ is not enough;4,the duty crime investigation organ is subject to local government.Process of investigation in duty crime cases,there are these difficulties:1:system is not independent,the administrative intervention;2,a few lawyers use meeting instigated the suspect collusion,confession,and destroy evidence;3 no unified platform,query information,delay the timing case;4,the use of modern detection means no law support;5,backward detection means,modern detection equipment less;6,duty crime investigation team ability needs to improve.In the investigation of these difficulties,a lot of obstacles of duty crime investigation.The causes of these difficulties,the author thinks that because:1,the duty crime investigation agency management system is not scientific;2.legislation on the supervision of a lawyer is not enough;3,no one for procuratorial organs investigation of integrated query platform;4,in the legislation of relevant technical reconnaissance specification consider enough;5,modern detection equipment is insufficient,lack of professional investigators;6,prosecution team most investigation hasn’t had a professional training.The fourth chapter discusses the discourse of duty crime investigation in Hong Kong.Hong Kong’s duty crime investigation by Hong Kong icac.The icac commissioner directly responsible to the chief executive.Icac administrative affairs shall be the responsibility of the administrative headquarters of the icac execution place,prevent corruption and public relations office.Form a complete set of Hong Kong’s anti-corruption laws by the prevention of bribery ordinance,the elections(corrupt and illegal conduct)ordinance and the three laws of the icac ordinance.Hong Kong commission against corruption,can obtain excellent anti-corruption work,because the system has certain characteristics:1,position,height independence;2,the operation of the transparency;3,legal empowerment.The fifth chapter is in view of the difficulties in China’s duty crime investigation,with a line of duty crime investigation personnel perspective,puts forward some personal Suggestions to perfect the duty crime investigation:1,the reform from the system,to ensure that the indictment independent without interference.First to establish an independent and special duty crime investigation organ,and to perfect detection system application;2,from the legislation,perfecting the law,remove loopholes,to prevent the occurrence of illegal lawyers in practice;3,establish a platform for large data of duty crime investigation,let the duty crime investigation to more efficient use of big data platform the investigation of criminal cases;4,perfect the duty crime investigation organ on the legislation regulations on the use of technical investigation measures,let the duty crime authority can legally use technical investigation measures,the technical investigation measures of enforcement given duty crime investigation organ;5,improve the ability of modern technical investigation,the duty crime investigation organ with modern high-tech technology detection equipment,and with sufficient technical investigation personnel;6,to set up the talent pool,to carry out the investigation of training,improve the detection ability,the use of the talents is very important,must be known to use,highlighting features,investigators need to carry out practical and effective training program,to prevent training is just go.