Research On The Investigation Of Duty Crimes Under The Current Supervision System

As time goes on,it is gradually definite that whether the supervisory commission has the power of occupational crime.In this reform,the Supervisory Committee has the characteristics of the investigation power of disciplinary inspection,Administrative supervisory organs and investigation power of occupational crime,which is different from any of them.A whole new anti-corruption system was built which covers all public officers under the the background of national Supervision committee reform.By studying the field inside and outside of duty crimes indictment configuration mode,it is can be concluded that in some countries,the investigation power is exercised by the police,while in others,it is exercised by the prosecuting attorney or the specialized agencies.Different model selection is the result of different legal culture tradition,judicial system,current situation of corruption and public trust.The Supervisory committee undertakes the duty crime indictment of procurator organs,the criminal investigation right of procurator organs is transferred to specialized agencies.Studying and learning The corruption investigation bureau in Singapore,the ICAC in Hong Kong and the ICAC in Macao has important reference significance under the background of supervision system reform.The investigation power of the Supervisory Committee is different from that of investigative power of duty crimes between the connotation and the extension.,but there are still many similarities.The state supervision law has preliminarily defined the basic procedures for the exercise of investigation power,and the collection,fixation,review and application of evidence should be consistent with the proof standards in the trial procedure.But there are still many questions to be discussed: such as the nature of the investigation and criminal indictment discrimination,how to combine the particularity of the enforcement power to determine the principle for the investigation,how to view survey measures applicable restrictions,the linkage between the process of how to deal with supervision and judicial process,how to re-examine the functions of the procurator organs positioning and so on.Under the background of supervision system reform,the comparative study of the criminal investigation right is of great significance to the legal and standardized process of investigating the exercise of investigation right.Based on the above problems,the author elaborates from the following aspects:The first part is the overview of the duty crime investigation and the key content of the state supervision system.This part mainly introduces the concept and characteristics of such investigations of duty crime,the enforcement power and duty crimes indictment compared the similarities and differences,in addition,the author has combed the state supervision system reform development,the nature of supervisory commission and positioning and operation,power configuration,for the later content of bedding.The second part is the comparative analysis of the distribution mode of the internal and external duty crime investigation.This part mainly summarizes the three main modes,the configuration of the duty crime investigation and focus on Germany,France,the United States,South Korea,Singapore and other countries of operation,so as to provide reference for the power of the supervisory committee operation significance.The third part is the exploration of the legal path of the right of investigation under the current supervision system.This part analyzes and draws on the traditional duty crime investigation mode and the characteristics of Hong Kong,Macao and Taiwan area,focuses on the application regulation of the lien measures,and probes into the specific specifications of the operation of investigation right.The fourth part is the conception and suggestion about the mechanism of investigation.This part is mainly from the supervision of the legislative concept,clarify the supervisory organ,and the relationship between criminal judicial organs,improve the supervision mechanism and focus on the construction of professional team in the operating mechanism of form a complete set of supervisory system reform ideas and Suggestions are put forward.