Reaserch On The Investigation Countermeasures Of The Detection Case Directly Dealt With By The Procuratorate Under The New Situation

Nowadays,the reform of national supervision system is like a raging fire.The focus of this reform lies in the ownership of the investigation power of duty crimes.On March 20,2018,the first session of the 13 th National People's Congress voted to adopt <the supervision law of the people's Republic of China>,which officially transfer part of the investigation power of the procuratorial organization to the National Supervisory Committee in the system level.The constitution system of the procuratorial organ's investigation power inevitably changes with it.The third amendment to <The Criminal Procedure Law of The People's Republic of China> passed on October 26,2018,clarifies some of the investigation power of duty crimes retained by the procuratorial organ after the reform of the supervision system.And the criminal procedure law and the supervision law are orderly connected.Subsequently,on November 24,the Supreme People's Procuratorate issued <Provisions of the people's Procuratorate on Several Issues concerning the case of duty related crimes committed by judicial personnel>,which further detailed the jurisdiction scope of the case that the procuratorial organ is responsible for investigation,until then,China has formally formed a complete "duty crime governance pattern which is mainly based on the investigation of the supervisory committee,and supplemented by the investigation of the procuratorial organs".In the context of this ever-changing reform,significant adjustments have taken place in the structure of the investigation functions of the procuratorial organs.Among them,the power of procuratorial investigation is much slimmer than before the reform.The so-called "procuratorial investigation power" refers to the investigation power possessed by procuratorial organs,It is an important part of procuratorial power.After the reform,the investigation power system of procuratorial organs includes the power of direct case filing,the power of active investigation and the power of self-supplementary investigation,among them,he power of direct case filing is the core of procuratorial investigation power,it is also the biggest change part in this reform.Therefore,this paper will take the procuratorial organ's power of direct investigation as the starting point,and discuss the investigation countermeasures of directly accepted cases by the procuratorial organs under the new situation,in order to re integrate the investigation resources of the procuratorial organs,construct the new advantages of the investigation of the procuratorial organs,and radiate the new vitality of the investigation of the procuratorial organs.This paper is divided into four parts,The first part clarifies the concept of the procuratorial organ's power of directly file a case for investigation,elaborates the process of its historical changes,reacquaintes the allocation of investigation power of procuratorial organs after the reform and adjustment;The second part introduces the classification of cases directly accepted by procuratorial organs,and analyzes the characteristics of all kinds of cases;The third part comments on the difficulties of investigation in the cases directly accepted by the procuratorial organs under the new situation;The fourth part attempts to explore the reasonable application of procuratorial investigation power and Investigation Countermeasures under the new situation.