Empirical Research On Procuratorial Organs' Anti Malfeasance Work

Since the birth of the prosecution of malfeasance,the complexity of the crime of dereliction of duty has been faced with many difficulties.This paper starts from the practice of criminal malfeasance procuratorial work in G Province in recent years,through the analysis of investigation results,case characteristics,investigating the case,on the part of problems and reasons existed in practice are summarized,and put forward some countermeasures,in order to benefit the practice.This paper is divided into four parts,about twenty thousand words:The first part expounds the practical significance of the anti malfeasance work.Based on investigating malfeasance crimes in politics and economy,the protection of human rights three aspects analyzed the meaning of criminal malfeasance infringement of people's lives and health and safety,the destruction of the state organs work order,the management of social order and the market economic order,undermine social fairness and justice and democracy and the rule of law,slow the construction of the harmonious society the image of the party and the government,and the authority of the serious damage,thus showing the importance of the work of anti malfeasance.The second part of the basic situation of anti malfeasance work in G province are introduced.This paper introduces the internal working mechanism of various G procuratorial organs launched in investigating cases of patterns,such as the integration of investigation,project,special operations,external implementation of dual mode,namely the discipline inspection and supervision and procuratorial organs both jointly investigating the case.Based on the basic data in recent years investigating the case analysis,found in G Province,investigating the case has six characteristics: one is the malfeasance crime and economic crime is a new crime involved two intertwined;new field is less the case;three cases of light punishment phenomenon is prominent;four is the ratio of the number of cases in the investigation in the duty crime very low;five is too dependent on the discipline inspection and supervision departments;six cases of malfeasance cases of long period.The third part analyzes the problems existing in the anti malfeasance work.The article points out that the anti malfeasance work mainly has the following problems: one is the scattered resources,mainly in the procuratorial investigation power,dispersion mechanism;mechanism of cooperation is not enough;the information management system deficiencies.Outside the procuratorial organ: there are many departments with anti-corruption responsibilities,and there is no quick inquiry platform for public basic information.The two is investigating the case is difficult,the main reason is the complex constitution and cognizance of crime of dereliction of duty;involved crime means hidden;case investigation of other cases resistance is relatively large;low social awareness;procuratorate itself not enough attention.Three,the ability of the investigation organ is limited,mainly because of the lack of independence of the procuratorial organs;the positive role of the post system reform in the field of investigation is not obvious;the investigation measures are single,which affects the investigation efficiency of malfeasance crime.The four is the system level regulations in the legal provisions,each department under the two track system between the powers is unknown,evidence conversion problems,lack of legal basis;supporting system: the civil service system and citizen reporting system is not perfect.The fourth part puts forward some suggestions to strengthen the anti malfeasance work.The article points out,can be improved from the following aspects: one is the integration of criminal malfeasance investigation power,the main mechanism is the integration of the strength and scope of investigation;the two is to strengthen the criminal malfeasance investigation power,granted more extensive and standardized means of investigation,to deal with the problem of information sharing mechanism and strive to improve the quality of all aspects of the investigation personnel;three is actively adapt to the reform of the judicial system in the trial as the center,closer investigation and litigation and re positioning investigation trial relationship;four is to expand the new field of malfeasance prosecution;five is to improve and perfect the citizen reporting system,civil servant system,judicial interpretation,the Stain Witness Testimony immunity system and other supporting systems;the six is to pay attention to the balance of investigation and debate effective protection of human rights.