Research On The Investigation System Of Duty Crimes In China's Supervisory Committee

"Duty crime",is refers to the embezzlement and bribery crimes,state functionaries of malfeasance crime,state functionaries by taking advantage of their office of unlawful detention,torture,revenge against,and unlawful search of infringing upon the citizen personal rights crime and crime of infringement of citizens' democratic rights.According to article 18 of the criminal procedure law,the procuratorial organ has jurisdiction over duty crimes."Duty criminal investigation" in order to find out the crime of duty,punish crime,collect evidence according to law,take relevant compulsory measures according to law and carry out special investigation work.At present,duty crime investigation presents a situation where anti-corruption agencies have long positions,overlapping functions,conflicts and mutual influences.Prosecutors met detection means in the exercise of investigation power co.,LTD.,lack of independence,such as difficulty,procuratorial organs in the management ability at the same time,the value itself,duty crime indictment also lack of the supervision of the real.These problems have severely restricted the efforts of anti-corruption.Hong Kong icac made universally acknowledged achievements in the field of combat corruption,it is necessary to draw lessons from the successful experience of Hong Kong icac in anti-corruption,with the help of a state supervision system to reform the favorable opportunity,at the beginning of integration duty crimes indictment,expelling the drawbacks of the original,reshape the duty crime indictment,thereby,optimize the distribution of the position of the indictment,enhance duty crimes indictment exercise effect,increase the anti-corruption efficiency.The full text is divided into four chapters,about 35,000 words.The first part,the job crime investigation system overview.This paper mainly investigates the basic concept of duty crime and the investigation of duty crime,and analyzes the constitution of the system of duty crime investigation.In the second part,the investigation of the investigation system of duty crimes of China's supervisory commission is carried out,and the problems and shortcomings are analyzed and the root causes of the problems are found.Firstly,the article introduces the general situation of the investigation system of the supervisory commission in China from the emergence of China's supervisory commission and the main contents of the investigation system.Then analyzes the problem of the supervisory committee in our country and the insufficiency,mainly include:1,the commission for discipline inspection and supervision committee after the reconsideration office institutions against duty crime indictment exercise:2,supervisory committee duties crime indictment independence fails to reflect;3.The monitoring committee has not attached sufficient importance to the investigation of duty crimes;4.The supervision committee is not in position to investigate and manage criminal investigation;5.Lack of specialization of duty criminal investigators;6.The investigation measures on duty of the supervisory commission are not in place;7.The supervision committee has no real oversight of the criminal investigation right;8.The supervisory commission has eight aspects,such as the connection of cases and cases.In the third part,analysis of Hong Kong icac system.First,the organization structure and legal system of the icac are introduced.Secondly,the paper analyzes the working mechanism of the crime investigation of the icac.Again,focus on analysis of the Hong Kong icac work mechanism of duty crime investigation system characteristic of Hong Kong icac,suggests the effectiveness and efficiency of the Hong Kong icac owing to large and diverse it has detached independence,legal authority supervision and checks and balances,etc.Finally,it summarizes the enlightenment of the icac to reconstruct the existing criminal investigation mechanism in China.It is suggested that the existing anti-corruption resources should be integrated.It should give the office criminal investigation department larger and independent functions and powers;We should strengthen supervision over the investigation department of duty crimes.The fourth part,in view of the problems that exist in the supervisory committee in our country duty crime investigation,draw lessons from the beneficial experience of the Hong Kong icac,proposed consummates our country duty crime investigation system of supervisory committee.Firstly,it is proposed to improve the criminal investigation system of China's supervisory commission:1.2.Principle of independence;3.The principle of unified exercise of duty crime investigation right;4.Innovation principles of leather;5.Highlight the principle of the main business;6.The principle of combination of self-supervision and external supervision.Second,Suggestions from the duty crime investigation organizationally perfect supervisory committee,concrete from realizing a complete coverage of comprehensive regulation,build a relatively unique national supervisory personnel system,for ensuring adequate funding for the construction of a relatively independent system,correctly handle the relationship with the party's discipline inspection organs,to build a strong supervisory commission,implementing scientific internal division of labor,was set up to strengthen duty crime investigation department,etc.Thirdly,it is suggested to improve the work mechanism and propose:1.Strengthen the construction of informationization and improve the efficiency and effectiveness of initial investigation and investigation.2.Expand detection means and realize the diversification of detection means;3.Scope of jurisdiction of duty criminal cases;4.Standardize the application of compulsory measures and establish a perfect witness system.Finally,it is suggested to supervise the function of the supervision board from the perspective of supervision.