Legislative Perfection Of Initial Investigation Measures Of Duty Crimes

Along with our country social economy development, has become an increasingly important status investigating crimes by taking advantage of duty. In order to meet the needs of duty crime investigation work, grasps the case information to determine whether a case, the procuratorial organs in the judicial practice created the duty crime preliminary investigation measures. However, China’s criminal procedure law in legislative design, does not regulate the denotation of the measures, often bogged down in the duty crime investigation, difficult to adapt to expose the need of duty crime and the punishment of crime by taking advantage of duty, affected the procuratorial organs as legal duty crime investigation organ function display and punishment of duty crime timely and effectively. As the duty crime investigation in our country economy, play a more and more important role in political life, study of post preliminary investigation measures, perfecting its legal basis, to effectively solve the difficulties faced by investigating crimes by taking advantage of duty, perfect the way of duty crime investigation, consummates our country anti-corruption legal system, promote the deepening of the anti-corruption work a positive role in promoting.Duty crime preliminary investigation measures is the legal basis of the particularity of duty crime and the particularity of duty crime investigation. Yes criminal crimes by taking advantage of duty with high intelligence, the crime and the crime committed with strong concealment, these characteristics determine position crime clues found difficult, than ordinary criminal cases investigation pattern is "by the people to the" model of investigation. These particularity, decided to duty crime investigation must take necessary measures for the alleged crime clue investigation, to determine whether the prosecution. In the code of criminal procedure, without specification of preliminary investigation measures of judicial interpretation of the supreme people’s procuratorate as legal basis of duty crime preliminary investigation measures.Along with the development of the anti-corruption situation, the present situation of the denotation of duty crime investigation measures are:on the one hand, use the denotation of the measures to a certain extent, cause the harm of human rights, the denotation of the controversial measures to produce the evidence, on the other hand, the procuratorial organs in the judicial practice unceasingly to use and improve the denotation of the measures. This preliminary investigation measures kinds deficiencies cause the denotation of the measures, denotation of incomplete program design, preliminary investigation supervision mechanism is not perfect, it is necessary to carry out preliminary investigation measures in the legislation perfect.The improvement of the preliminary investigation measures first should follow certain principles. The rule of law principle is the basic principles of our constitution; With the development concept of human rights, human rights protection has become an important principle of checks and balances of power, and as part of the criminal procedure, preliminary investigation measures must abide by the principle of due process.Perfect crime of duty crime preliminary investigation measures, we should establish its legal status. Explicitly stipulated in the criminal procedure code of prosecutors the right use of duty crime preliminary investigation measures become the premise of duty crime preliminary investigation measures of concrete building. On this basis, the duty crime preliminary investigation measures in kind, the improvement of the procedure and supervision.