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On the Improvement of Investigation Mechanism Concerning Crime by Taking Advantage of Duty in China

Author: GaoWei
Tutor: ChenJieZuo
School: Anhui University
Course: Legal
Keywords: crime committed in practice detection mechanism investigation mode
CLC: D926.3
Type: Master's thesis
Year: 2010
Downloads: 132
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Abstract

The experience of the world various countries under the rule of laws and the national staff of investigating crimes committed in the practice shows that timely and effective manner to detect and punish crime, must have the intelligence to adapt to such crimes, high hidden type and other characteristics of the detection mechanism.Investigation of the existing mechanisms for crimes committed there are still some problems which restrict the prosecution of crimes committed to discover and detect the performance of China’s anti-corruption efforts. To further promote the punishment of job-related crimes, we must constantly improve the mechanism of criminal investigation duties.Crime Investigation Mechanism for the job is a complicated systematic project,influenced by the national constitutional system, history, tradition and legal culture and other factors. There is no single, absolute mode.Different types of job-related crimes investigation mechanisms have their own characteristics, there is no better or worse. In UK-US legal system countries, in addition to the exercise of certain functions of police crime investigation, the UK’s Serious Fraud Investigation Bureau and the U.S. prosecutors are also conducting an investigation of job-related crimes, and have more power than the police.In civil law countries, the crime investigation is generally conducted by the public prosecutors independently or commanding police on duty.Although the Two Legal duties of the State have their own characteristics in the mechanism of criminal investigation, the development trend is increasingly showing a mutual integration and learning from each other.Crimes of the existing mechanism for detecting the existence of the independence of investigative agencies and personnel are not strong. The irrational allocation of investigative functions of the investigation lead to the power scattered. Clues separation of management and investigation departments, lead management to run unscientifically and inefficiently. The legal status of preliminary investigation proceedings are unclear and the preliminary investigation procedures are not standard. The detection mode done by the public prosecutors is immature.The investigation and command coordination mechanisms are imperfect and so on.According to the official crime detection mechanism of defects and issues and based on the comparative analysis of Crime Investigation Mechanism’s features and fundamental content in other countries and regions,the author proposed main objectives, measures and specific ideas of the reform and perfection of crimes investigation mechanism.And each specific mechanism of reform and improvement carried out is described.For example, on the protection of an independent investigative agency and the investigators’s handling with the issue, the author believes that investigative resources should be integrated to give the Crimes Investigation greater authority and independence of investigators; clues on the case management of operational issues, the author believes that the investigation should be led by Department of straight pipe and to establish a scientific, effective lead management and use of mechanisms for clues; Criminal investigation on the job and the command mechanism problems,the author thinks that the investigation which is coordinated and efficient,commanded powerfully and has upper and lower body and command integration mechanisms should be established.In addition, the regulation of this preliminary investigation conduct,the preliminary investigation mode and mechanism innovation; rational allocation of investigative functions, improve detection of public prosecutors’ mode are all presented in this paper.It also puts forward a specific theoretical, practical and operational reforms vision.

On the Improvement of Investigation Mechanism Concerning Crime by Taking Advantage of Duty in China

Abstract

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