The Professional Construction Of Duty Crime Supervision And Investigation

The specialization of duty crime supervision and investigation covers three connotations: legalization,civilization and scientific.Only when duty crime investigation is more legalized,civilized and scientific can the specialization of duty crime supervision and investigation be realized.By referring to the existing theoretical research and combining the problems existing in the investigation of duty crime of the supervisory commission,based on the legalization,civilized and scientific connotation of the investigation of duty crime,the specialization construction of duty crime investigation needs to be carried out as follows.First of all,the specialization construction of duty crime supervision and investigation needs to be supported by correct concepts,including authority,efficiency and human rights protection,centralized unification and power balance,and scientific case handling and trial center.Secondly,the specialization construction of duty crime supervision and investigation needs to recognize the manifestations and reasons of its current lack of specialization.The lack of rule of law is manifested in the unclear division of authority,imperfect procedural regulation and lack of legal supervision of the procuratorate.The lack of civilization is manifested in the weakening of human rights protection of the investigated,the lack of rules for evidence collection and application,and the uncoordinated procedure.The lack of scientific is manifested in the unclear division of the internal organs of the supervisory commission,the failure to assign different investigators according to the types of duty crimes,the lack of professionalism of the investigation methods,and the failure to indicate the employment conditions of the commission's staff.The direct reason for the lack of specialization in the investigation of duty crime is the lack of strict regulation on the investigation due to the imperfect supervision legislation,the indirect reason is that the country needs to deal with a large number of anti-corruption work to promote the reform of the political system,and the fundamental reason is that the lack of national economic foundation has affected the development of the superstructure of the rule of law.Thirdly,the specialization construction of duty crime supervision and investigation needs to be designed and planned from the aspects of legalization,civilization and scientific.Therefore,according to the summary of theory and practical experience,it is necessary to shape the rule of law of duty crime supervision and investigation from the perspective of substantive law and procedural law regulation.It is necessary to shape the civilization of the investigation of duty crime from the aspects of legislation,the exercise of functions and powers and the relief of rights.It is necessary to make the investigation of duty crimescientific from the perspective of investigation methods and application of scientific and technological achievements.Finally,the specialization construction of duty crime investigation needs to choose the right path.First,systematic and specific theoretical research should be carried out to lay a theoretical foundation for the professional construction of duty crime investigation.Second,it is necessary to learn from the successful experience of the professionalization of the investigation of duty crime;Thirdly,it is necessary to realize the dual-track system of investigation department and clarify the scope and procedure of investigation power.Fourth,it is necessary to promote the specialization of the exercise of duty crime investigation power from the aspects of principles,personnel recruitment,investigation methods,functions and duties;Fifth,it is necessary to strengthen the legal supervision power of the procuratorate,the judicial power of the court and the defense right of the investigated person so as to realize the specialization of supervision and restriction of the supervision and investigation.The realization of specialization of duty crime supervision and investigation is the inevitable choice of national supervision system reform and of great significance to the promotion of socialist rule of law construction.