The Improvement Of Investigation Measures Of Duty Crimes

Different from ordinary criminal cases, duty crimes are characterized by close link between the criminal process and conduct, by the deep dependence on testimonial evidence such as confessions,and by the difficult searching of someone or some specific case, because there exist no direct victim or little evidence in the crime. In China, these characteristics has no been given adequate consideration to, for duty crime investigation has been set more on characteristics of ordinary criminal cases.Although in the past period, China's duty crime investigation measures did meet the need of the investigation practice,but it can not be denied that it is a kind of non-standardized law enforcement where there was a precondition. To ensure the standardization and legalization of duty crime investigation which shall be adapted to the current corruption, it is quite necessary to improve the discovery of duty crime clue measures, to improve the relevant provisions of the subpoena and residential surveillance, the establishment of mandatory witnesses and temptation investigation system, and the relevant investigative safeguards,which include the establishment of property, suspending of public office, and the large cash transaction system, taking foreign advanced countries' experience for reference.It is possible to reconcile the improvement of duty crime investigation and the protection of the fundamental rights of citizens in the logic of criminal justice in modern society. While strengthening the duty crime investigation, we can regulate it effectively according to the law, thus ensuring the basic rights of citizens against the undistributed law.