Anti-investigation And Countermeasures In The Investigation Of Duty Crime

At present,the struggle against corruption is grim in our country.The duty crime investigation measures never get rid of confession dependence,conservative law enforcement concept,backward detection information system and obstructed internal operation.All make anti-investigation possible for the suspects.Anti-investigation is a comprehensive combination of detection antagonism,camouflage for crimes and escape from punishment.Anti-investigation has both detection and evidence value.The study of Anti-investigation is to improve detective's ability of penetration and utilization of anti-investigation behaviors,so as to investigate cases effectively and crack down corruption accurately.Anti-investigation is accompanied by criminal behavior.Meanwhile it is different from the general criminal behavior.Its main characteristics are concurrence,auxiliary,additivity and contrariety.The anti-investigation behavior can be broken by study of anti-investigation psychology,abnormal situation of related personnel and illusions hiden in cases.The common anti-investigation behaviors include lying,holding back confession,retracting confession,camouflage and frame-up.There are many classification methods of anti investigation.This paper focuses on the different periodical behaviors of the anti investigation and the corresponding prevention strategies.The anti-investigation are divided into behaviors during criminal premeditation,during and after criminal implementation,during the arresting,during the investigation and interrogation according to the general crime implement and investigation.Anti-investigation is suspect's rational behavior before,during and after committing crimes.The suspect will take any anti-investigation behavior depends onthe opportunity the investigation system provides him.Precise investigation is the best measure to beat anti-investigation.If the investigation is irrefutable,the suspects will lose the anti-investigation confidence.Oppositely,the chinks in the investigation will make the suspects seize the chance to carry out anti-investigation behaviors.Invulnerable investigation can make the suspects declare crime and admit the guilt without sophistry as soon as possible.The study of anti-investigation psychological regulation and external performance will improve investigation methods and expand investigation horizon.Meanwhile,the study of anti-investigation measures will defeat the suspects' delusion and improve efficiency.This paper will discuss the quality of investigators,the technique of investigation and interrogation,and the reform of investigation system in the respect of anti investigation countermeasures.Generally,investigators committed to duty crimes investigation in the procuratorial system are of low quality presently.First of all,investigators should set up a scientific concept of case truth,distinguish objective truth from legal truth.Second,the investigators should transform to judgement-orientation from investigation-orientation,assess the evidence on the basis of prosecution and judgement requirement and from the lawyer's position and invite public prosecutor to guide the investigation when necessary.Third,the investigators should strengthen the consciousness of human rights and collect evidence comprehensively and objectively.Consideration must be given to both beating crime and protecting human rights,both evidence of guilt and innocence,both statement evidence and objective evidence such as materials and documents.Fourth,the investigators should update their concepts along with the time and apply the information method during the investigation.The investigators should also improve overall capabilities especially technique investigation capability,finance analysis and survey capability,information acquirement and analysis capability by all kinds of training.Finally,the investigators should attach great importance to the preliminary investigation and investigatepreciously.Interrogation of criminal suspects is a necessary procedure for procuratorial organs to investigate cases.It is a contest between two sides,which affects a case directly.First of all,investigators should develop good habits of questioning.Second,investigators should grasp the suspects regular psychological pattern.Third,investigators should be good at seizing opportunities and using investigative tactics.Fourth,investigators should standardize the evidence collection,avoid illegal evidence and exclude risks.Finally,investigators should keep pace with the times,increase the sources of information and evidence and actualize the transformation of investigation mode.Enlargement of information and evidence can broaden the investigative thoughts,reverse the disadvantages of information asymmetry and grasp the initiative of interrogation.The investigation for the duty crime will bring pain to the suspects.The investigation system should be optimized so as to improve efficiency.Combined with judicial practice,this paper will also discuss from the following aspects:informatization system construction for the duty crime investigation,free of confession dependence,completion corruption crimes proof system and preliminary investigation mechanism,establishment of the preliminary investigation legal status,respect for investigation rules,completion the adapt of coercive measures and integration of duty crime investigation organization model.