| The "People's Republi of China Supervision Law" promulgated on March 20,2018(hereinafter referred to as the "Supervisory Law")gives the State Supervision Commission(hereinafter referred to as the "Inspection Committee")the right to investigate duty crimes and duty violations.October,November 2018,the amended"Criminal Procedure Law of the People's Republic of China"(hereinafter referred to as"Criminal Procedure Law")and and the Supreme People's Procuratorate issued the"Provisions on Certain Issues Concerning the People's Procuratorates 'Initiation and Investigation of Judicial Staff Related Official Crimes"(hereinafter referred to as"Regulations"),The procuratorial organs have made self-investigation powers It is stipulated that the procuratorial organs may file cases for investigation in 14 cases,such as forced confession by torture and illegal detention,when judicial staff are found to have used their powers during litigation supervision.Under the new background of the reform of the procuratorial system,how the People's Procuratorate correctly exercises the right to self-investigate the case of judicial staff s dereliction of duty and infringement has become a hot issue of concern to the theoretical and procuratorial practice departments.Based on the background of China's criminal justice reform and the reform of the internal case handling mechanism of the Peoples Procuratorate,this paper explores the investigation mode of the infringement cases of judicial staff after the transfer of the functions of the People's Procuratorate,with a view to providing reference for the People's Procuratorate to investigate such cases.This article is divided into four partThe first part:Explain the concept of investigation mode,and expound the el ements of investigation mode from four aspects:investigation subject,investigation object,investigation means and investigation procedure,and classify the investigati on mode from the theoretical basis according to different standards.The second part:the investigation mode of judicial infringement crime and its defects.Firstly,it explains the meaning of the investigation mode of judicial infringement crimes,and classifies the investigation mode of judicial infringement crimes in China according to different standards.Based on the judicial practice effect,it analyzes the main problems in the current investigation mode of judicial infringement crimes in China.The third part:the necessity and feasibility of perfecting the investigation mode of judicial infringement crimes in China.From the three aspects of consolidating the constitutional orientation of the people's procuratorate's legal supervision organs,safeguarding judicial authority improving judicial credibility,and improving the overall effectiveness of anti-corruption,it expounds the necessity of perfecting the investigation mode of judicial infringement crimes in China,from the basis of investigation of duty crimes the People's Procuratorate and The three aspects of the cooperative relationship between the State Procuratorial Committee and the development of "intelligent procuratorial affairs" analyze the feasibility of Perfecting the investigation mode of judicial infringement crimes in China.The fourth part:the idea of perfecting the investigation of judicial infringement crimes in China.On the macro level,it is necessary to change from "monitoring and curatorial assistance" to "monitoring and procuratorial cooperation",from "passive" to"active",from "one-step" to "two-step".The transition from "certificate to supply" to"evidence to supply" is changed from "control separation and separation,detection and control to supplement" to "separation of investigation and control".On the micro level,it is necessary to optimize the allocation of investigative powers of procuratorial organs,establish mechanisms for obtaining and utilizing clues,establish a sound initial investigation system,improve methods of investigation methods,and improve supervision and control mechanisms. |
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