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Preliminary investigation system of job-related crimes

Author: ZhangZiChao
Tutor: FanChongYi
School: China University of Political Science
Course: Legal
Keywords: Job-related crimes Preliminary investigation ' Detect Reform
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 252
Quote: 2
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Abstract


China's procuratorial organs of legal supervision functions and powers of national staff behavior by investigating crimes committed, this is an important function of the procuratorial organs, and how to effectively find and accurately and timely investigate crimes committed by current procuratorial organs of the important theoretical and practical issues. With China's rule of law in the process of in-depth and the gradual improvement of the criminal proceedings, prosecutors investigating the concept of job-related crimes is an inevitable requirement \the new characteristics of procuratorial organs in the long-term practice of handling the case and gradually form a system of preliminary investigation, and clearly stated in the \Preliminary investigation by secret survey methods to obtain the necessary factual evidence to Itself clues accepted by the procuratorial organs is suspected of a crime, and then decide whether to file for investigation. Practice has proved that the success or failure of the preliminary investigation is directly related to the success of investigation of the crimes committed, and thus the preliminary investigation has an important role in Itself handling the case. However, the Criminal Procedure Law and there is no clear concept of the preliminary investigation, which makes the system of preliminary investigation is embarrassing the context of careful in-depth research and study the system of preliminary investigation, to ensure the healthy development of the duties of crime investigation and handling of work, thus contributing to China's criminal proceedings the further improvement of the legislation, has great significance. Preliminary investigation system to investigate the crimes committed in China from the following six parts: a first general overview of the preliminary investigation system of job-related crimes in China, its historical context made some combing on the preliminary investigation of the background of the formation of its emergence and development of in order to fully understand. 2, the theoretical circles are different opinions on the nature of the preliminary investigation, the section first discusses the origin of the preliminary investigation, then argument against the the factions doctrine focus two things: a preliminary investigation is a litigation behavior, rather than administrative action. Second, the preliminary investigation on the nature of any investigation, is a broad \3, the current Criminal Procedure Law does not explicitly use \preliminary investigation of the legality of reason to have two points: First, legislation has been the preliminary investigation is implied. Preliminary investigation as any investigation, no legal provisions may also exercise. 4, this part of the preliminary investigation the active role and defects of the system are summarized. Over the past decade, preliminary investigation system of job-related crimes in China has initially formed its own system of norms, the presence of a necessity, but there are still many shortcomings, which seriously restricts the further development and improvement of the system of preliminary investigation. 5 to see a foreign system from the perspective of comparative law, from the representative of the national criminal litigation system, to explore a number of scientific concepts and systems, to reform the system of preliminary investigation. By more than five-part analysis, preliminary investigation of crimes committed system reform legislative proposals: First, the weakening of the 'independent status in the criminal proceedings, and strengthen the role of the formal requirements of the' procedures, the with formal requirements or not as you can to take coercive measures, the dividing line. Second, the legal status of legislation expressly preliminary investigation, preliminary investigation of signs of criminal proceedings initiated to handle the filing procedures for the sector, the investigative activities of decomposition for the preliminary investigation and a formal investigation. Third, legislation should be given the procuratorial organs preliminary investigation of job-related crimes, conditional use of the secret investigation and detection of special investigative techniques, to meet the current need to investigate and deal with crimes committed. The same time, the problems in the practice, sound advice: First, strengthen the standardization of construction of the preliminary investigation. Second, the preliminary investigation should have time limits. To strengthen and improve the preliminary investigation of internal and external oversight mechanisms. In summary, our preliminary investigation of the system its gestation, resulting in long-standing practice of soil, which comes from practice, in practice, continuous improvement and development in the future will inevitably play a greater role in practice.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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