The Research Of Optimal Allocation Of Duty Crimes Investigation Power

Duty crime investigation has traditionally been one of the important means of the duty crime effectively,in the current anti-corruption struggle into the deep water area under this background, it is more eye-catching, and attracts much attention from all walks of life, but also a hot issue in the academic community and criminal justice practice. Experience shows that through correct and effective exercise of the right to the investigation of duty crime can not only guarantee the national staff to exercise their power properly,more importantly, it is possible to realize the legal supervision of power.The disposition of the investigation power of the duty crime refers to the staffing and the arrangement of the investigation power of the duty crime.At present, the investigation power of the duty crime in our country is exclusively enjoyed by the procuratorial organ, but sometimes it needs the cooperation of the public security organs. Under the current situation, with an increase in the number of cases, the general criminal cases involve more and more frequently with duty crime cases. This paper,based on the practical knowledge of the investigation of duty crime, analyzes the problems encountered in the practice circle on the basis of the theory, and puts forward some suggestions: In view of the currentnarrow range of cases of duty crime investigation and the problem of insufficient motor investigation, the author suggests appropriately extending jurisdiction scope of procuratorial organs,and expanding motorinvestigation at the same time; Thephenomenon of duty crime investigation constraint on local shall be solved by independence of procuratorial personnel and property, that is to achieve the vertical leadership system of procuratorial organs; As for the imperfection of the duty crime investigation integration, it shall be solved through reforming leading system, improving clues to the management mechanism and establishing complete and effective supervision mechanism.In addition to the introduction and conclusion, the thesis is divided into five parts, more than 30000 words in total.The first part is an overview of duty crime investigation power. In this part, the author first briefly introduces the related concepts of "duty crime" and "duty crime investigation right", and then leads to the allocation of duty crime investigation right. This part systematically expounds current research results and opinions on duty crimes of domestic academe, after combing these points of view, the author also gives his own opinions in the final.The second part is the operation practice and reform of the allocation ofduty crime investigation right. This part mainly introduces the configuration of the duty crime investigation right and disposition of investigation measures in China, then summarizes the optimization reform process of duty crime investigation right which lasts for so many years in China, paving a way for proposing the following problems. In particular, it introduces current pilot prosecutors' working responsibility system,striving to achieve procuratorial integration and independence of prosecutorson the basis of confirming working responsibility system.The third part mainly expounds the main problems existing in the distribution of duty crime investigation right. This part mainly analyzes problems brought by current configuration: in sufficient motor investigation of duty crime; relatively narrow of case jurisdiction range; Duty crime investigation being subject to local as well as the imperfection of integration mechanism, etc.. These problems include the basic problems faced at the present stage of duty crime investigation work in our country. Proposing the problems and analyzing the reasons can help us solve the problems as soon as possible.The fourth part is mainly about the practical necessity of the optimization of the investigation power of the duty crime.The most urgent problem of current duty crime investigation right to be solved is how to better the anti-corruption workon the basis of according with central documents,and well cooperates with investigation work of discipline inspection commission; In addition, the optimization of duty crime indictment configuration is also for conforming to the procuratorial reform demands, strengthening the duty crime detection power,improving the efficiency of investigation and perfecting management system.The fifth part is suggestions to improve optimal allocation of duty crime investigation power. Based on the former parts, the author puts forward some counter measures to solve the problems in this part. The author proposes to expand the case jurisdiction scope of the procuratorial organs, and to uniformly hand over mutual-involved cases to duty crime investigation department; meanwhile,appropriate expansion of motor investigation right of the procuratorial organs and reform of the approval processis helpful for the implement of motor investigation right. In addition, this thesis also proposes corresponding counter measures to imperfection of the integration mechanism and supervision mechanism.