To eastablish Proper Open System of Duty Crime Investigation to China Prosecutorial Organization, the lasting effect mechanism, is the needs to prevent&fight against Duty Crime and the needs to protect human rights as well.This article, starting with concept of Duty Crime, analyses the main real demonstration of Duty Crime as well as its characteristic problems, then states relevant issues of Duty Crime and further states the relationship between Open Duty Crime Investigation and Open Inspection, besides that, also concretely analyses the probability and reality of Proper Open System of Duty Crime Investigation. This article theoretically emphasizes the statements to theory of law on proper open system of Duty Crime Investigation and relevance statements to public order, freedom, human rights and duty crime investigation, unifiedly analysing open investigation, public order, freedom and human rights throughout this article; and meanwhile, realistically emphasizes the narrations and comments on status of Open Duty Crime Investigation, including China prosecutorial organization’s open legislation and administration of justice on duty crime investigation, and the historical reasons and realistic problems of scarcity of proper open duty crime investigation system to China prosecutorial organization, mainly regarding protecting human rights, limits to social economy development, generating corruption, abusing jurisdiction resource…etc. this article helps us understand and realize more&clearly the shortage and defects on open duty crime investigation of China prosecutorial organization, which are the system problem, which are problem brought by limist of objective conditions, which are the problems rising from human, which sides that needs us to work more in the following days. For those issues, in the end of this article, it suggests how to set up proper open system of duty crime investigation to prosecutorial organization, how to eastablish and to eastablish what kind of mode of proper open investigation system, exactly stating such aspects of proper open investigation system as fundamental principals, range, objects, time and so on. It also narrates and analyses necessarilly. about inspection integration of prosecutorial organization and trial in pulic, as well as procedures stipulated by relevant regulations on investigation and trial and presents author’s comments and view on other relevant matters. |