On The Disposition Of The Investigation Power On Occupational Crime

Occupational crime is the generic terms of those activities, which by taking advantage of his office or breaching of duty, State functionary infringe upon the order of activities of State organs, caused heavy losses to the State or people's interests, and shall be investigated for criminal responsibility in accordance with law.Investigation of occupational crime, as an important measure to supervising it, is a great social concern under the circumstance of combating corruption and building a clear government. Also, it has been a hot point both academically and practically.Through correct and effective performing of power of investigating occupational crime, restraining powers with powers, we can not only ensure State functionary exercise their power properly, more importantly, we can supervise power legally. Disposition of investigation power on occupational crime, means the allocation and arrangement of investigation power on occupational crime. At present, investigation power on occupational crime in our country is excised by People's Procuratorate alone, but differentiation occurred in the internal disposition as some areas took a great try in integration on mechanism construction. As to present's disposition mode, different views arouse both in the academic circle and the practice world.The paper learns some beneficial experiences from overseas about disposition of investigation power on occupational crime, reviews the history, and clarifies the development thread, then comes to a conclusion that:the procuratorial organ's exercise of the investigation power on occupational crime is proper, it is line with China's specific national condition. At the same time, to integrate all the sections excise investigation power inside the procuratorial organ and build an integration mechanism is the orientation of the development of investigation on occupational crime in the future.The paper is made up of three parts. The first part is a summary about disposition of investigation power on occupational crime. Firstly, the paper gives some basic definition such as "occupational crime", "investigation power on occupational crime", and "disposition of investigation power on occupational crime". Then, it makes a concrete analysis to the nature of the investigation power on occupational crime. As for the nature of the investigation power on occupational crime, there are several primary understandings in the academic circle and the legal practice world, which are, the theory of judicial power; the theory of executive power; the theory of dual nature of both judicial power and executive power; the theory of legal supervision power.Through clarifying the external characteristics and the essential attribute of power, the paper considers that the nature of the investigation power on occupational crime is a legal supervision power with some characteristics of executive power in its form.The second part discusses the basis of the procuratorial organ's exercise of the investigation power on occupational crime. Firstly, through overseas study, the paper compares and studies several modes of overseas disposition of investigation power on occupational crime, then summarizes their relative characteristics. Secondly, through looking back to the history, arranged the development thread of our country's disposition of the investigation power on occupational crime, and introduced the current situation. Lastly, through respectively discussing the four modes of our country's disposition of the investigation power on occupational crime, and analysing respective advantages and disadvantages, the paper brought out its viewpoint, which is, it is proper that the procuratorial organ exercise the investigation power on occupational crime.The third part elaborates the internal disposition of investigation power on occupational crime. At first, the paper clarifies the historical evolution of the establishment and alteration of investigation institutions inside the procuratorial organ, whose duty is to investigate occupational crime, and the paper briefly enumerated the present sections and power dispositions inside the procuratorial organ in our country. Then, the paper brings out its basic concept about the inside disposition of investigation power on occupational crime, that is, the construction of integrated mechanism. Thus establish a concentrated system of investigating occupational crime. Furthermore, the paper calls on efforts to realize "integration of public procurators and judicial police" inside the procuratorial organ, calls on innovation in staffing, division of duty, and working mechanism, in order to improve the quality and efficiency of investigation of occupational crime. At last, the paper brings out corresponding suggestions of improvement towards specific matters of investigation on occupational crime, such as, investigative techniques, professional construction of investigating teams, flexible investigation power.