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Research on the Problem of Integration Mechanism of Duty Crime Investigation

Author: WangLin
Tutor: PanJinGui
School: Southwest University of Political Science
Course: Criminal Procedure Law
Keywords: Duty Crime Investigation Integration Mechanism
CLC: D918
Type: Master's thesis
Year: 2012
Downloads: 115
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Abstract

The newly revised law of criminal procedure will be put into effect in January1,2013,which means the duty crime investigation work will come into a new period. While on onehand, the notion of "respect and guarantee human rights" is written in the revised criminalprocedure law, thus the procurator organs are required to strengthen its supervision andimprove their law enforcement standard. On the other hand, there are new situations andfeatures in duty crime which makes the anti-corruption more difficult. By way of practice, theintegration mechanism of duty crime investigation works well on integrating strength ofprocurator organs, giving full play to strong points, and strengthening the duty crimeinvestigation work in command, coordination, and cooperation. And it plays an important rolein assist the duty crime investigation work and the fulfillment of the duty of supervision of theprosecutor organs. Based on duty crime investigation practice in G province in recent yearsand the integration mechanism of duty crime investigation in other provinces, the thesisresearch on the basic content of integration mechanism of duty crime investigation, sums upproblems appeared in practice and makes recommendations in the end.The thesis consists of four parts beside the preface and conclusion.The first part outlines the integration mechanism of duty crime investigation, includingbasic concepts, basic principles, legal basis and the necessity. The basic concept explains fullythe concept of the integration mechanism of duty crime investigation which draws from theconcept of duty crime investigation, integration and mechanism. The basic principle includes,based on documents from the Supreme Prosecutor, the unified command, in strict accordancewith the law, perform duty separately and cooperate closely. The legal basis is about currentlaws and regulations and the requirement of the integration of prosecutor work. In view ofpractical necessity, the author summarizes five aspects, namely to adapt to the requirement ofthe reform, the major move in response to the masses, the best choice for procurator organsmanagement and the effective way to improve the efficiency of duty crime investigationwork.The second part is about the way of practice in G province duty crime investigationintegration mechanism and its effect. Based on duty crime investigation integrationmechanism in G province in recent years, this part analyzes the way of practice in duty crimeinvestigation integration, including information management, special operations, project survey and individual case command. To take special operations of duty crime on landarrangement in G province as examples, this part also introduces the achievements in specialoperation in G Province. Individual case command explains in detail about the notion ofentrusted supervision, and designate jurisdiction etc.The third part is about the problem in the practice of duty crime investigation integrationmechanism in G province. This section is based on the second part. It summarizes theproblem in the practice of duty crime investigation integration mechanism in G Provincethrough the analysis of current situation in practice. Some of the problems exist nationwide,while others are unique in G province. This part analyzes both kinds of the problems. Theseproblems include the longitudinal system problems which analyze the existing superiorprocurator organs in leading relationship due to the "localization" problem. The transversesystem aspects introduce the relationship of departments in prosecutor organs and procuratorbetween two levels. The relationships of departments in prosecutor organs are mainly thatdepartment which has the power to investigation or primary investigation can not integratewith each other. The relationships of procurator between two levels are that the cooperation isnot fluent. Specific aspects of the operation is mainly directed against the specific casesencountered in practice, such as case information management deficiencies, simple detectionmeans, and the insufficiency in investigation command center etc. The security problemsinclude the investigation personnel professional level is not high, the lack of materialguarantee mechanism etc.The fourth part is to perfect the mechanism of duty crime investigation integration.Aiming at solving problems mentioned in the third part, the author thinks it is appropriate toconsider the profit of the interested procurator and personnel of all levels and improve it fromthe eight aspects. The first is to strengthen the superior procurator to subordinate’s leadership.The first thing to do is to handle several relations, then to strengthen supervision and establisha scientific evaluation system. The second is to strengthen the construction of informationmanagement mechanism. The third is to enhance the guarantee work. Bring in and cultivatetalented personnel. Make distribution of interests clear so as to curb benefiting from cases.The forth is to strengthen the construction of the command center, and truly realizeinformation fluent, sensitive reaction, command efficiency. The fifth is to regulate thejurisprudence of the integration of investigation so as to save the investigation and strengthenindependent working ability of procurator of lower levels. The sixth is to improve the information system, according to the latest revision of criminal procedure law. Investigationwork must be guided by information. The seventh is to focus on the integration of duty crimeinvestigation power, not incorporate anti-corruption departments and anti-malfeasancedepartments but to put them into lead of the same official chief. The eighth is to improve thespecial investigative measures. Promulgate the regulations to the detection measures inaccordance with technical investigation measures of the procurator organs in the new revisedcriminal procedure law.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminalistics ( the response to crime science, crime Investigation )
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