Research On Perfection Of Preliminary Investigation Mechanism Of Duty Crime

Duty crime refers to the criminal act of national staffs taking advantage of their position in the narrow sense.Compared with the ordinary criminal crime,the crime subject and means have different characteristics.At present,there are some problems in the investigation of duty crime,such as the low degree of informationization,lagged preliminary investigation thinking and mode,and the on "grueling trial" cannot meet the needs of anti-corruption situation.As the pre-filing procedure,the preliminary investigation of duty crime is the investigation of duty criminal investigation agency for the case clue to determine whether the criminal behavior is real,so it has important procedural significance.With the supervision system reform,Supervisory Committee will set up the corresponding Duty Crime Investigation Department,and the anti-corruption and anti-corruption departments of procuratorial organs,the Duty Crime Investigation Department of Supervisory Committee should focus on the preliminary investigation and constantly improve the preliminary investigation mechanism of duty crime.In order to improve the preliminary investigation mechanism of duty crime,it is needed to first accurately determine the power attribute of investigation power of duty crime;the investigation of duty crime includes the preliminary investigation and investigation,and the power of preliminary investigation and investigation mainly focuses on the executive power.Then,in the era of Internet information,with the development of large data technology,the duty crime means shows the intelligent and hidden trend.In the end,should be fully analyzed the problems existing in the current investigation of duty crime,combined with the influencing factors of supervision system and criminal justice reform on the current preliminary investigation of duty crime,it is necessary to establish the following ways to improve the preliminary investigation mechanism: First,strengthen the collection of basic information mainly through establishing the public information sharing platform,etc.;second,establish the duty crime intelligence circulation mechanism,including establishing the duty crime intelligence circulation mechanism between the duty crime investigation department and other internal departments,other units or departments,and focus on the analysis and judgment of all kinds of basic information and information clues;third,establish the standardized and fine duty crime preliminary investigation mechanism,and different types of case should have different preliminary investigation modes;fourth,combined with the characteristics of large data age,use the intelligent and scientific preliminary investigation method of duty crime to establish the preliminary investigation information-guided investigation and trial mechanism.With the advance of lawsuit system as trial as the center and the establishment of exclusionary rule of illegal evidence and lawyers interview right,the investigation of duty crime has had higher requirements.And the investigation of duty crime after the establishment of Supervision Committee,the statutory handling procedures should be followed,grueling trial and other illegal acts should be avoided and the lawyers interview right,etc.,should be protected.Therefore,in order to improve the handling case mechanism of duty crime,it is needed to highlight the basic status of preliminary investigation,in addition to the integration of anti-corruption resources and establishment of Supervision Commission,and strengthen the basic information and intelligence management and research through cooperation with relevant units,establish the fine preliminary investigation mechanism,and comprehensively adopt the intelligent preliminary investigation method,so as to effectively promote the preliminary investigation of duty crime.