Research On The Duty Crime Detection System Of Our Country

Since reform and opening-up,our country taking economic construction as the center,the social and economic levels increased significantly,but at the same time post crime is also emerge in endlessly,and the object of infringement of duty crime is the state of the legitimacy of public management and integrity,harm is serious,the means of concealment,time for a long time,the infringement of citizens' rights hard,its not only seriously damaged the social management order and the government's credibility,more damage to the image of the party and the government in people's hearts,destruction of the party and people's flesh and blood relationship,become a major hidden obstruction that destroy social harmony and stability.Therefore,comrade hu jintao emphasized in the meeting of the 17th national congress of against corruption,anti-corruption construction shall be as an important task of the state,and as a long-term,arduous task to complete hard.In jinping as general secretary of the CPC central committee leadership firmly correcting existing problem of\"four winds\",in violation of the\"eight\" prescribed in item(positive investigation,in under the joint efforts of party and government organs at all levels and disciplinary inspection department successful break through a large number of corruption cases,inspiring at a,in the party's 18th annual meeting,xi jinping,general secretary of the\"four strengthening\" is presented to actively advance the deepening reform of party to build a clean government and break through the investigation of the anti-corruption construction.The duty crime investigation is the basic work of investigating corruption malfeasance crime,as an important criminal justice system,the effectiveness of the implementation of combat duty crime has a key role,to curb further harm of duty crime and safeguard national business legitimacy,integrity plays an important role.But duty crime cases,evidence of the crime,investigate,conviction is harder,its particularity of duty crime investigation also put forward higher requirements,especially the 2013 points and implementation of the new revision for the duty crime investigation mechanism,whether in theory or practice,have given high attention.Although through the change for many times,but the duty crime investigation system in our country there are still many deficiencies,such as the denotation of the system of legal blank,a case of wrong standard,lack of supervision and investigation,plagued by problems such as inefficient duty crime indictment,this has to do with the current anti-corruption task this situation of anti-corruption would have to pay is not consistent.Along with our country government successively signed to join the international covenant on civil and political rights and the United Nations convention against corruption,the duty crime investigation system is relatively lag,passivity is also increasingly apparent,the new situation that to a certain extent,affected the duty crime investigation organ detection function.So further study of how to reconstruct and perfecting our country's duty crime investigation system,to improve the ability of duty crime investigation,further promote the anti-corruption struggle to carry out,hit the post crime,set up the concept of the rule of law is of great significance.In view of the present duty crime investigation system cannot meet the needs of the reality of investigating crimes by taking advantage of duty,visible,the duty crime investigation system reform is imperative.To this,this article follows the basic theory,present situation,problems,reference,perfect measures of thinking of writing,combined with own work practice experience and foreign beneficial reference for duty crime investigation system,the study of duty crime investigation system in our country,this article is divided into five parts for the perfection of duty crime investigation system to carry on the argument:the first part is an overview of the duty crime investigation,first from the concept of duty crime,the particularity of the subject and object of duty crime,crime of sex and means of concealment,consequences severity,and so on characteristics of duty crime analysis,from the concept of duty crime investigation,duty crime investigation\"by the people and the case\",crime and other characteristics of duty crime investigation evidence collection,parsing,and on the legal nature of the duty crime investigation system and perfect the paper expounds the significance of and the research,for the proposal to lay a theoretical basis for the duty crime investigation system;The second part from the legislative status quo of China's duty crime investigation,organization present situation,application system present situation carries on the analysis and research,respectively,so as to further found that the problem of duty crime investigation in our country;The third part is on the basis of the above summarizes problems of duty crime investigation in our country,mainly divided into preliminary investigation procedures,filing procedure,investigation procedure three stages respectively against duty crime investigation on problems,especially the denotation of the lack of legal basis,the limitations of their jurisdiction,technical investigation measures restricted,lack of effective independent supervision duty crime investigation carries on the key analysis;The fourth part mainly explores foreign advanced practice of duty crime investigation system,mainly analyzes the Anglo-American law system and continental law system,and draw useful reference experience;The fifth part is on the basis of the experience for reference,the third part,the author of this paper puts forward the problems on the improvement of the corresponding suggestion,also divided into preliminary investigation procedures accordingly,filing procedure,investigation procedure three phases,corresponding to China's duty crime investigation system is perfect,hope to help to China's duty crime investigation system.