Study On The Mechanism Of Duty Crime Investigation

Preliminary investigation of duty crime is the procuratorial organ accepts the duty crime clues,to verify the crime clues through inquiry,inquiry,to determine whether the facts of the crime occurred,the need for a survey of criminal responsibility.Preliminary investigation of duty crime of China's procuratorial organs through a special investigation system of duty crime investigation,long-term practice summed up,it is the procuratorial organs to punish corruption,to fulfill the function of legal supervision has played an indelible role.With China's anti-corruption situation is increasingly serious,the preliminary investigation system of duty crime also received continuous improvement and development,but the "Criminal Procedure Law" provisions of China's criminal activities is to register as a starting point,the relevant provisions on the preliminaryinvestigation regulations explained only in the Supreme People's Procuratorate of the company law and the relevant internal documents,the the legal status and effect of evidence are questionable.In order to combat crime,to create a political environment delicate gas is,the establishment and improvement of the system of the duty crime investigation system has become the consensus of judicial theory and practice circles.Through the judicial practice can be seen,the preliminary investigation system on the whole is running well,the procuratorial organs can rely on the preliminary investigation and verification of the admissibility of Mopai clues,improve work quality and efficiency.But due to the lack of preliminary investigation system itself the status of legislation leads to evidence validity defects and procedures set rough and other issues,coupled with the procuratorial organs of the traditional investigation mode and evaluation mechanism of defects,resulting in the preliminary investigation system is facing many problems in the practice.Through the analysis of the overseas duty crime investigation system of the Anglo American law countries generally have relatively perfect supervision mechanism of the investigation,and the legal status of civil law countries preliminaryinvestigation relatively more clearly.By drawing lessons from different countries good practices,combined with the legal system of China's characteristics,takes the law enforcement of procuratorial organs from perspectives of both legislative and judicial technology,three aspects put forward the corresponding opinions and suggestions of the preliminary investigation system,such as determiningthe legal status,strengthen the examination and supervision of investigation mechanism,change work mode and the establishment of information sharing platform.To promote China's duty crime investigation system is increasingly perfect,in order to better service for the prosecution in judicial practice.