Research About The Source Of Clues To The Jobbery Crimes

In recent years, with the deep struggle against corruption, our country has made gratifying achievements in duty crime aspect. According to the bulletin, national disciplinary inspection and supervision departments have punished the 5098 XianChuJi above cadres just in the 2010, including 804 people to the judicial organ. Various dates indicate that our country duty crime investigation has not ever been relaxed and central anti-corruption determination has never changed. But, with the interests of the various kinds, the duty crime rate has stayed stubbornly high and observed increasing secular trend. Coincidentally, related problems of the source of clues became the biggest problem which has bested the judicial personnel. These problems have been urgent in the judicial practice, and seriously influence the judicial organs for position crime investigation. But the phenomenon has not been paid enough attention by the academicians. This paper demonstrates our duty crime cases related problems and clues solution from the angle of People's Procurator ate of FuFengXian in Shaanxi province by the means of analysis, comparison and theory with practice, in order to benefit to judicial practice work.Full text in addition to the introduction and conclusion were divided into four parts, a total of 2 million words:The first part, the duty crime case summary clues. According to the provisions of the criminal procedure law of our country and long-term judicial practice experience, units and individuals to report, the report, accused is the main clues of procurator organs investigation on corruption crime; The procurator organs to find clues is case clues source of duties, including investigation department from touch clues and people's procurator ate through investigation supervision, public prosecution, procurator, civil administration lawsuit prisons found other functional activities procurator case clues; there are few clues received from surrender of the criminal suspect; Party committee, National People's Congress, superior assigned by the procurator organs of the case, the people's procurator ate or the people's procurator ate at the request to the case and the transfer of the administrative law enforcement organs to duty crime cases are also the duty crime case clues.The second part, the practice to investigate the situation and the problems found. Shaanxi province people's procuratorates FuFengXian nearly seven years in the duty crime case clues to aspects of the situation, the current statistics indicate there are still five aspects to the clues problems need to be solved urgently in duty crime cases. Firstly, the single channel clues, excessive dependence on masses, single clues causes the lack of total clues; Second, as the main duty crime case report clues, fewer than, quality no clues high; Thirdly, most clues are passive accepted, procurator organs and investigators didn't show the initiative; Fourth, Though criminal judicial and administrative law enforcement cohesion has been recognized in legal field work, departments; the cases among the procurator organs administrative and law enforcement move difficultly; Fifth, work clues %. The register procurator organs of the duty crime case registration and management are inadequate and neglect case of registration for clues management.The third part, the duty crime cases of clues to the causes many problems. As the duty crime case investigation department, procurator organs and investigators clues for the duty crime dilemma facing the inadequate understanding, discover and mining the ability is limited, supervision clues and combat duty crime, inadequate duty crime is the subjective cause of current our country case clues of the source producing many problems. Some objective factors can also affect the duty crime, such as party honest construction and the duty crime prevention work, speeding up state-owned enterprise reform advancement, the elusive of duty crime itself, a high IQ, sex, incomplete reporting system, nonstandard report behavior, criminal judicial and administrative enforcement cohesive work does not reach the designated position, etc.The fourth part, solution to the duty crime cases related countermeasures clues. The first two parts of the paper are based on duty crime and puts forward the solution to problems related to the clues to the countermeasures. In order to make the procurator organs get out of clues dilemma; firstly, we can broaden the duty crime case clues sources by formulating collect clues system and introducing and forming "procurator informant" two ways. Secondly, focused to improve the reporting system, strengthen the center stage, protect public report legitimate rights and interests of report way, strengthen the innovation report publicity, guide the masses; Again, improve investigators found clues to the ability; Meanwhile, we need to promote standard criminal judicial and administrative enforcement of the cohesive work, procurator organs should strengthen the administrative law enforcement organs with the communication, the supervision of the administrative law enforcement should be strengthen, special circumstances may seek higher procurator organs and party committees at the corresponding levels, National People's Congress's support; Finally, we also strengthen the statistic and management clues from the ideological work, pay attention to the clues and make constant innovation management mode, manage seriously existing clues, give full play to its intrinsic value, establish and perfect the management and clues not done for not filing supervision mechanism and clues mount "filter".