Research On The Reform Of Criminal Investigation Management Mechanism

Criminal investigation is a complex activity involving many aspects of society.Therefore,criminal investigation has a close relationship with other disciplines,such as criminology,substantive law,procedural law,forensic medicine,behavioral science,economic management and other disciplines.Its combination with other related disciplines makes the theory of criminal investigation more and more rich and specific,and some theories are nearly mature.However,there is a lack of research on criminal investigation management.In some countless monographs,the elaboration of criminal investigation management concentrates on i criminal investigation decision-making,criminal investigation plan,criminal investigation organization,i criminal investigation operation mechanism,information mechanism and so on,eliminating one-sidedness of the research content.Specifically,the "latest achievements" of these studies have lasted for more than 10 years.At present,criminal investigation management has not formed a systematic discipline system of criminal investigation management,and the research of criminal investigation management is scattered in criminal investigation,economic crime investigation,duty crime investigation,drug crime investigation and other types of criminal investigation cases.It does not combine the overall requirements and direction of the national judicial system reform and public security reform under the new situation,nor does it.From the perspective of investigation and management,this paper studies the problem of criminal investigation management,and does not discuss the mechanism of criminal investigation management in depth from the two aspects of rule of law and science.Therefore,the reform of investigative management mechanism is very important to respond to how to build a modern policing operation mechanism and law enforcement power operation mechanism suitable for the socialist rule of law system with Chinese characteristics,and how to form a systematic and effective public security work and public security team management system.The first chapter,an overview of criminal investigation management.At present,there is no unified theory about the concept,characteristics,principles and concrete contents of criminal investigation management and even criminal investigation management mechanism.Therefore,first of all,the concept of criminal investigation management mechanism is clarified and distinguished from the concepts of criminal investigation mechanism and criminal investigation system;the characteristics of criminal investigation management mechanism are discussed,suchas system openness and purpose hierarchy;the principles of criminal investigation management mechanism are perfected on the basis of combining the contents of traditional criminal investigation management principles with the relevant management principles of management science;and the contents of criminal investigation management mechanism are from the structure.In terms of aspects and functions,the core content is elaborated.The second chapter,the current situation of criminal investigation management mechanism.To evaluate and analyze the present situation and problems of the criminal investigation management mechanism is an inevitable requirement of the reform of the criminal investigation management mechanism.Firstly,the influence of the public security management system established and operated in the last century on the criminal investigation management mechanism and the drawbacks of the bureaucratic organizational structure are typical.Based on years of practical experience,the advantages and disadvantages of the system are analyzed.Secondly,it elaborates the constraints of the reform of criminal investigation management mechanism,including the impact of deepening the reform of judicial system and public security system on the reform of criminal investigation management mechanism under the new situation,as well as the inherent unresolved problems in the specific practice of criminal investigation,such as rigid management thinking,loopholes in management system and deviation of management functions.In the third chapter,Chapter three,the path of deepening the reform of investigative management mechanism.On the basis of clarifying the connotation,principles and existing problems of the criminal investigation management mechanism,the related scientific theories of management are introduced to integrate it perfectly with the criminal investigation management.Mainly from the human aspect,that is,the management mechanism of investigative team construction(including political police construction as the basic principle,the training mechanism of criminal investigative talents as the foundation,the system of sponsoring investigators as the grasp,the incentive mechanism as the guarantee),and from the organizational aspect,that is,the operational management mechanism of investigative decision-making(the primary task is to formulate the objectives and plans of investigative plan,followed by the design of modern investigative organization and management).The rationale structure is the command mechanism,and the last one is to realize the efficiency of investigative means when coordinating people and things as a whole.The third one is to reform the criminal investigative management mechanism from three aspects of supervision,namely,theadjustment and control of investigative management mechanism(realizing the control of investigative process and the benefit control of investigative organs).In a word,this paper clarifies the connotation and principles of the criminal investigation management mechanism from the theoretical point of view;from the practical point of view,through systematically combing the current situation and problems of the criminal investigation management mechanism in China,it analyses the restrictive factors of the reform of the criminal investigation management mechanism,and on the basis of drawing lessons from the relevant management contents and combining with the rich practical experience of the criminal investigation management,it proposes to deepen the criminal investigation management.Suggestions on the path of mechanism reform will promote the cause of public security investigation to create a new situation,gain new momentum and achieve new development under the new situation and new requirements of the new era.