A Study On The System Of Preliminary Investigation Of Duty-Related Crime

The preliminary investigation system is a kind of system which is unique to our procuratorial organs.The preliminary investigation is the preliminary investigation of the clues before the case of handling the criminal case.The preliminary investigation system comes from the procuratorial practice,which is tested and gradually improved in practice.However,in the current legal system,there is no clear stipulation in the system.In the practice of prosecution,the initial investigation exists in almost all the cases of crime investigation,the success or failure of the case play a key role.In theory,under the current legal framework of criminal proceedings,the investigation system of duty crime is confronted with theoretical confusion such as unknown legal basis and unclear legal status.The author is a grassroots anti-corruption police officer,Love the first investigation,but also on the current investigation system defects and defects deep experience.And therefore,we need to carry out in-depth study of the initial investigation system,through the theoretical and practical community of joint efforts to make the first test to play a greater and better effect.The preliminary investigation system is in a position where the legal status is unknown,and its legal nature is also different.In practice,the initial investigation of the lack of rigidity,lack of means,and social development can not match,serious And the effect of the evidence obtained is not clear,often need to re-evidence on the filing,repeated evidence of the loss of a large number of judicial resources;the current investigation system,supporting the mechanism Lack of supervision,relief system is weak,especially with the grasp of the information of many departments without collaborative sharing platform,the initial investigation of access to information more difficult.To solve these problems,we must first improve our criminal legislation as soon as possible,from the legal level of the preliminary investigation of duty crime made clear,so that the crime handling activities into the norms of criminal proceedings.Second,to develop a more detailed and perfect rules,clear the initial investigation of the conditions and time limit;to give the initial investigation of the power of technical investigation,to strengthen the means of preliminary investigation;clear the effectiveness of evidence,the establishment of the preliminary examination of the principle of review and the establishment of a And improve the relevant supporting mechanism,establish and improve the supervision and control,the right to remedy and accountability mechanism;build with the relevant departments of the information call platform and set up a special intelligence collection and analysis departments.