| Duty crime is a type of common crime which is harmful for the political,economic system and social management of each country.Therefore,all countries are actively taking measures to try to effectively combat and punish them.However,duty crime has the characteristics of secrecy and subject-specificity that ordinary crimes do not have,which brings many difficulties to criminal investigation procedure.France has achieved a lot of achievements in the investigation of duty crimes.The investigation system of duty crime is based on the coordination of judicial police,prosecutors,and investigation judges;provided with clues from anti-corruption agencies;relied on professional assistance.Finally it formed an independent criminal investigation system with French characteristic.Under such a distinctive system,it has also adopted a wide range of channels to collect corruption clues;attracted attention of the people by the media exposure scandal;offered professional courses by the training colleges.All of these measures help investigators to break through the investigation problems of duty crimes and put the criminals to the prison.This article is based on the introduction of the system for the allocation of duties and powers in the investigation of duty crimes in France,combining the relevant theoretical results already existing domestics and overseas,putting forward personal thinking and discussion.At the same time,in conjunction with the innovative construction of France in the anti-corruption system in recent years,given some suggestions on the allocation of the power of investigating crimes.In addition to the introduction and conclusions,the text is divided into five parts.The first part is the model for the allocation of criminal investigation in France.The purpose of this part is to introduce the model of the power of criminal investigation in various countries in the world and to summarize the unique model of France.The second part is the detailed introduction of the subject of duty crime investigation in France.According to the Code of Criminal Procedure and some criminal acts promulgated in recent years,the investigation subjects of duty crime in France include the judicial police,prosecutors,investigation judges,and financial prosecutors.From the historical development and statutory authority of various subjects,it is possible to understand the distribution of the responsibilities of various subjects in French crime investigations.From this point of view,the author also analyzes the advantages and problems in the crime investigation based on the authority and characteristics of each subject.The third part is the complex relationship between the subjects of crime investigation in France.It describes the impact of the interrelationship between judicial police,prosecutors,and investigation judges on the investigation of criminal activities.On the one hand,the pre-trail judges and prosecutors have the power to lead and supervise the judicial police investigation work in theory,but in practice,the power of the judicial is basically not limited.On the other hand,although the background of the prosecutor and the pre-trail judges is exactly the same,the independence of them is greatly different.The investigative activities of duty crimes are also negative influence due to the complex relationship between investigative subjects.The fourth part is the judicial training mechanism in France which promoting the investigation of duty crimes.Based on the introduction of the training system,we can understand the French judicial training schools and police training institutions curriculum setting and system setting for learning.Then analyzing the positive effect of training schools for the subjects of duty crime investigation to be more professional,which is worth learning.The fifth part is the author's thoughts on the allocation of the powers of investigation of duty crimes in France and the enlightenment from the latest foreign-related anti-corruption decrees passed at the end of 2016.After understanding and analyzing the distribution of duties crime investigation in France,I made an independent reflection and put forward my own opinion.Meanwhile,I also hope to introduce the contents of some foreign-related anti-corruption laws so that readers can further understand the latest developments and innovations in anti-corruption in France. |
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