|
Job-related crimes preliminary investigation in the practice of China's Criminal, but confined to the limitations of the existing legal framework of criminal proceedings, job-related crimes preliminary investigations in a very embarrassing state legal property, its legal status is unclear, This led to the judicial practice, there are a lot of problems. For the investigation of the concept in the beginning of the job-related crimes, issues such as the nature, characteristics, theoretical circles, there are many differences. Job-related crimes Preliminary Investigation Report of the procuratorial organs Itself departments have accepted the case, clues and other information about the initial contact, and 'standard in accordance with the existing laws and jurisdiction of the investigation before the review is to determine the case to investigate the need for legitimate jurisdiction sex and crime that exists the possibility of a special investigation activities. The preliminary investigation in the crimes committed are essentially within the investigation stage of the investigation, the scope of activities of the criminal proceedings, at the same time, the beginning of the job-related crimes investigation has the right to protection, crime control, litigation and economic value. Different countries due to the different legal and cultural traditions, and the need for control of crime and the protection of human rights, there are differences in the provisions of the preliminary investigation in the criminal proceedings, the legal status of crime investigated crimes committed preliminary investigation on the extra-territorial legislation and in our History build on the preliminary investigation of job-related crimes legislation and procedures of the system is an important reference significance. The complexity of the job-related crimes, the improper use of 'indicators' program settings defects Code of Criminal Procedure and Litigation Practice, is the main reason for the preliminary investigation of the formation of job-related crimes. Of job-related crimes investigation early functional defect exists, the preliminary investigation methods, ignoring the protection of civil rights, the validity of the evidence obtained in the preliminary investigation is not clear, preliminary investigations powers improperly configured dilemma, caused by The legal philosophy plight factors legislative missing, evaluation mechanism. In order to ensure the smooth realization of the purpose of criminal proceedings, must build a system of preliminary investigation of job-related crimes. First of all, from the legislation establishing the legal status of the preliminary investigation of crimes committed, because the preliminary investigation from the legislation clearly stipulates the system is conducive to the early identification of the facts of the crime, the punishment of crime, there is conducive to safeguard the legitimate rights and interests of innocent citizens, prevent unnecessary recourse the efficiency of the proceedings, as well as conservation of judicial resources, reduce litigation costs; Secondly, reasonable and effective allocation of powers of investigation at the beginning of job-related crimes, and crimes committed as giving preliminary investigation of the secret power of investigation and investigative powers, obtained early in the criminal investigation evidence of the effectiveness of provisions, etc.; once again, the preliminary investigation of the crimes committed procedures to build, reconstruct the startup procedure of the investigation, preliminary investigation of crimes committed, crimes committed early results of processing, transferred the jurisdiction of program content; Finally, from the beginning of the job-related crimes investigation supervision, the beginning of the investigation team building level to build a supporting mechanism for job-related crimes preliminary investigation, preliminary investigation of the power to limit the crimes committed abuse, to prevent the occurrence of big and small, a small case of the felony of light, ensure justice and strict law enforcement.
|