A Study On Investigation And Evidence Of Occupational Crime

The national public servant who stand for the state organ, have the greatest power to manage the public affairs. The power may be abused inevitably so that it can result in crime easily. For this reason, occupational crimes become an important issue to jurists and judicial workers at home and abroad. There were lots of theories about occupational crime Investigation, especially in the part of occupational crime investigation system, the power setting of investigation and the crime prevention, which has formed a complete theoretical system. But the method of obtaining evidence which is the core of occupational crime Investigation, has not been paid enough attention to research. Moreover, there were many misunderstandings on research field too. Compared with most countries in the world, our country exists the reality that regulations about occupational crime investigation system are not perfect and the duty crime investigation rights and measures of procuratorial organs are missing. This article, from the certification requirements of evidence in criminal lawsuit, discusses how to perfect the legislation, perfect the mechanism, optimize the organizational structure, and analyzes the method and the way of improving procuratorial organs investigation and evidence collection ability.The article is divided into four parts:The first part mainly introduces the basic concept of duty crime investigation. Due to the characteristics of duty crime cases and the requirements of the evidence in Criminal procedure law, Our country’s Occupational crime investigation and evidence collection are particular.The second part mainly introduces the difficulties faced by the procuratorial organs about duty crime investigation and collect evidence because of the weakness of leadership system and the lack of investigate power and measures about occupational crime. The second part also describes the general procedures of occupational crimes investigation and the legal measures of collecting evidence.The third part mainly introduces the follows:First, from the evidence study, it discusses the criminal lawsuit proof standard of the duty crime investigation and evidence collection procedural requirements; Secondly, it discusses requirements of the ability of the procuratorial organs in duty crime investigation and evidence collection from the current situation of duty crime cases; Thirdly, from our duty crime basic elements of the crime,it discusses the certification requirements of evidence of the duty crime investigation and evidence collection.The fourth part mainly puts forward three ways to perfect the work of investigation and evidence collection about duty crime cases. Firstly, we can perfect the requirements of evidence about the occupational crime cases according to the guiding ideology of occupational crime investigation and evidence collection; Secondly, we should improve work efficiency of occupational crime investigation and evidence collection to perfect procuratorial organs investigation mechanism and legislation; Thirdly,we must build the scientific and reasonable setting in order to perfect legislation of procuratorial organs’s Investigate power.