Research On The Operation Of Procuratorial Investigation Power

With the reform of the national supervision system,the procuration organs have been most affected,which have no longer taken responsibility for the direct file and the investigation of duty-related crimes carried out by subjects other than the personnel of judiciary authorities.After the removal of most of the investigating power of duty-related crimes,the procuration organs show uncomfortable state,so there are various problems in the operation of the procuration investigation power.Before quest the prosecution indictment,we need to understand the reason why the discomfort in stripping criminal investigation power comes out,and we need to define the reform of supervision system of the supervisory organs and the reason why they have implement such changes.The only way to realize which part the supervisory organs in the operation of the indictment situation is,which action should be taken and which part should be improved on time is to understand the reason of the reform to reasonably evaluate reform measures.For the supervisory organs,the most important thing in the reform of the national supervision system is that the anti-corruption and bribery departments,anti-malfeasance and infringement departments and the prevention of duty crimes departments are all abolished,and the supervisory organs' direct investigation power is almost completely stripped.After the reform of the state supervision system,the investigation function of the duty crime investigation have been transferred to the supervisory organs,which makes the procuration organs realize that their power has been weakened,leading to the procuration organ's lack of confidence in the exercise of the legal supervision power,more timid in the exercise of the power,so that the exercise of the remaining power is not sufficient.In terms of the power of mobile investigation,the scope of application is limited to the cases under the jurisdiction of the public security organs,involving the major crimes committed by statefunctionaries using their powers.The frequency of the use of mobile investigation power is very low,the scope of the case is limited,and the procedure specification is high,which makes the procuration organ more cautious about the use of mobile investigation power.As for the supplementary investigation power of the supervisory organ,although there is not much changes in the legal norms,there are some problems in the exercise of the supplementary investigation power.What are the reasons for the reform of the investigation power of the procuration organ? First of all,the requirement of the anti-corruption situation of the party and the state should be taken into consideration.Before the reform,the scope of supervision was too narrow,the anti-corruption forces were relatively scattered,and the allocation was also very uneven.There were many gaps in the coverage of the anti-corruption function,but there were cross overlaps between the power scopes of various organizations,which could not fully reflect the centralized and unified leadership.One of the important reasons for the stripping of the investigation power of the duty crime in the supervisory investigation power is determined by the general environment and political needs of the anti-corruption work.Putting the investigation power of the supervisory organ into the supervision committee makes the anti-corruption struggle more authoritatively and efficiently,and protects the interests of the state and the people.Secondly,the procuration organs are the legal supervision organ with clear constitution.This orientation is made in combination with the specific national conditions of our country,with Chinese characteristics,rather than completely transplanting from the supervisory system outside the country.At present,it is also in line with the development of the socialist legal system with Chinese characteristics.Therefore,the specific power of the procuration organ should be consistent with this orientation,rather than transfer to a certain function.The investigation power of the duty crime should not be in the scope of the legal supervision power of the procuration organ.Moreover,the widespread existence of the investigation power of the duty crime also has an impact on the internal health of the procuration organ,whose nature and function are difficult to be self-consistent.Therefore,the procuration organ should return to the standard of the legal supervision organ and explore the way to realize the power of the legal supervision,rather than the making the sense of losing the investigation power of the duty crime.In addition,the performance of procuration organs in the process of cracking down on duty crimes is another reason.Local procuration organs at all levels are created by people's congresses and are responsible for them.In addition,they are actually restricted by the government at the same level when they carry out their work.Therefore,it is difficult to carry out strong anti-corruption supervision and investigation activities for the government at the same level and other organs.In the actual process of exercising the investigation power,the procuration organ sets limits on itself,so that the performance of the investigation of the duty crime does not meet the target without the support of external forces.The intervention of the discipline inspection department and other powerful organs makes it more powerful.It can be seen that the procuration organs hardly exercise the investigation power of the duty crime by itsown strength.Therefore,the reform of the procuration investigation power is more helpful than harmful.This action optimizes the allocation of anti-corruption forces and improves the efficiency of anti-corruption.Although after the reform the scope of the direct investigation power has been greatly reduced,it is more suitable for the position,power and ability of the procuration organ itself,which not only ensures the rigidity of the legal supervision power,but also avoids the procuration organ from bearing the complete anti-corruption responsibility,which is conducive to the recovery the legal supervision organ standard.Then we should judge all kinds of discomfort in the operation of the procuration organs' investigation power,identify the problems that need to be taken measures to improve.Furthermore,according to these problems,combined with the specific national conditions,we can learn from the experience of procuration investigation power and the allocation of duty crime investigation power to explore the ways to improve the system and solve the problems.For the right to directly file a case for investigation,the first thing that needs to be standardized is the subject of investigation within the procuration organ,including the organizational structure,the ideological understanding of investigators,the inheritance of investigation experience and technological innovation.Secondly,we need to pay attention to the issue of inter involved case jurisdiction in the system.In the main problems of the right to directly file a case for investigation,in addition to the ideological understanding of investigators,other problems still need to be adjusted and improved through the system.The operation dilemma of the procuration organ's mobile investigation power is reflected in the fact that its applicable cases are too few and the scope is narrow.In addition to the distribution of the supplementary investigation power in the case of self-filed investigation,the connection and cooperation between the procuration organ and the supervisory organ in the supplementary investigation(investigation)are also issues that need to be concerned.Additionally,the application of self-supplementary investigation is not clear enough,the provisions of the application stage of the procuration organ's supplementary investigation power are not complete,and the lack of professional and sufficient investigation power is also one of the factors that the procuration organ's exercise of self-supplementary investigation power which is not active.Aimed at the above problems,we need to propose forward feasible adjustment and improvement measurements.In terms of the right to directly file a case for investigation,for the organizational structure of the investigation subject,we can use the experience of the internal institutions of the Japanese procuration organs that are not completely consistent,but the institution should set the principle,normalize the standard,abandon the one-to-one correspondence of the organizational structure of all procuration organs,unify the existing investigation power within the low-level procuration organs,and borrow the experience of the mode of "key procuratorates" inGermany in a certain region where the procuration investigation force will be integrated vertically.The procuration organ can also improve the efficiency of handling cases by enhancing the experience of handling cases,and make up for the deficiency of investigation force by using advanced techniques of handling cases.As for the priority of mutual involved cases,if we want to improve the enthusiasm of procuration organs in dealing with mutual involved cases,we should clarify the status of the procuration organs in the cased which is set by the it,and divide the cases and investigate them based on their duties.On the one hand,it reflects the professionalism of investigation activities,and on the other hand,it makes procuration organs exercise their legal supervision power and make it more comprehensive and powerful.In terms of the power of mobile investigation,we can use the experience of the model of integration of prosecution and police in the countries of civil law system.Although the model of integration of prosecution and police is not adopted in China,as for the special types of cases,the procuration organ and public security organ enjoy the power of investigation and can partially adopt this model,or refer to the United States,when major and complex duty crime cases occur,the Federal Bureau of investigation and the procuration organ often rely on each other.In our country,public security organs and procuration organs have their own advantages.If they are jointly responsible for and work together in the cases of duty related crimes,it will help to improve the efficiency and quality of handling cases.