Research On The Problems And Countermeasures In The Initial Investigation Of Duty Crimes

Job-related Crime Preliminary Investigation System,as investigative procedures for crimes committed before filing, is the researching & working fruits of procuratorial authority focusing on the characteristics of the crime, which is in judicial practice and gradually exploring innovation form of investigation system, and has been proved by judicial practice. It is an institutional arrangement in line with the law of job-related crimes investigation, which more& more develops a necessary procedure before filing a job-related crime, playing an increasingly important role in investigating job-related crimes. However, since the Criminal Procedure Code are not expressly fixing on preliminary investigation system, resulting in existence of preliminary investigation system deficiencies in the process of formation and development of the system, it has been associated with a variety of debate and questioning, investigating crimes committed work to bring no small obstacle. In recent years, the theory and practice both give more attention to the system, but together with the present situation of preliminary investigation research is few and far between. Innovation point of this article is from the perspective of job-related crime preliminary investigation status quo of operation, through the detailed statistical data and typical case, gives a more systematic and comprehensive introduction to the status of preliminary investigation system and, in turn, makes every effort to approach to the actual situation of the preliminary investigation, analyzes the main problems and reasons existing in the preliminary investigation system. And based on the judicial practice, the paper presents feasible countermeasures to improve the system.In this article, the author researched corruption & bribery cases investigation in recent three years in western G Province from three aspects, namely the operating status quo of preliminary investigation system, preliminary investigation measures using, status quo of preliminary investigation evidence founding, more to show the running situation of entire preliminary investigation system. Through the presentation and analysis of the current situation, it can be clearly seen the preliminary investigation has been growing into an indispensable& irreplaceable procedure of investigating job-related crimes.The second part, the author abstracting from the preliminary investigation work practices, analyzed problems of six parts namely: Firstly, there is dispute in existence legitimacy of preliminary investigation system. Secondly, preliminary investigation procedures are not rigorous. Thirdly, there are limited preliminary investigation means.Fourthly, investigative trend for preliminary investigation is obvious. Fifthly,preliminary investigation of evidence doesn't give effect. Sixthly, preliminary investigation activities supervision mechanism is not perfect. And then faces the problem, beginning to explore the underlying causes of conflicts in the investigation include five aspects such as preliminary investigation procedures and the legalposition is not clear legal principle in criminal proceedings, preliminary investigation means is limited and filing standards high. The conflict, the preliminary investigation and preliminary investigation investigative phenomenon unknown capability evidence conflicts.The third part, based on the necessity and substantive legality of the system, for a more effective combat against job-related crimes, and to curb the momentum of high incidence of job-related crimes, proposes to strengthen and improve the system of preliminary investigation in five proposals: namely through the establishment of the legal status of the system of preliminary investigation, to solve the problem of the system is being questioned; By improving the preliminary investigation procedure,resolve question of preliminary investigation activities are not standardized; Perfect preliminary investigation means to solve inefficient investigation& ineffective consequence. By establishing preliminary investigation evidence ability to solve problems to solve unclear evidence capabilities of preliminary investigation; by improving supervision mechanisms of preliminary investigation, ensure smooth preliminary investigation activities in accordance with the specification.