Research On Preliminary Inquiry System Of Crimes Of Bribery

Bribery crime,usually base on cash transactions between both sides of bribery under the "one to one" situation,in which there was full of natural characteristics of concealment,complexity and non-trace.The procuratorial organs have to face into puzzle when dealing with bribery crime cases,such as low rate of case clue,less objective evidence,high standard of filing conditions,serious criminal problem of the suspect in counter-countermeasures and so on.The procuratorial organs should pay great attention on oral evidence,in the purpose of collecting and relating to the case,by using the measures of asking to the denotation object in the preliminary investigation phase.On the one hand,it is good to make the initiate decision whether the case conform to an solving condition in accordance with the clue.On the other hand,it help to start the criminal investigation with the transition cohesion of that case.However,there was only principled regulations on asking denotation object measures to investigators in the preliminary investigation phase by current judicial interpretation.That may violate the value target both with the controlling crimes and protecting human rights by criminal procedure law,such as lack of specific operating rules,no corresponding supervision and restriction mechanism,facility prone to abuse investigation department measures,infringement of personal rights of preliminary investigation object and so on.This article put forward to the idea of system by building asking denotation object measures system in the angle of the solution about the legitimacy,operability and the absence of supervision problems about the preliminary investigation object measures.In addition to the conclusion,this paper is divided into other four parts:Summary of the first part mainly about the concept and legal basis of preliminary investigation object measures.In this part,the article cast light on the lack of substantial legal basis in the situation of asking denotation object measures.And then the article put forward to the essence of denotation object by the measures of interrogation present himself and qualitative inquiry with the accurately measures.The second part mainly through the research on the start of bribery crime case,the denotation of the evidence,in recognition of the denotation of the object and solving the problem of inquiry object preliminary investigation measures and procedure.This part firstly introduce clues by asking denotation object measures,and then make the presentation on the filing procedures.Secondly,this article expound with the argument about oral evidence of preliminary investigation object measures can be obtained through conversion into criminal procedure used as evidence.Again,this article make the demarcation on surrender which objectively demonstrate the main bribery crime fact initiatively within the after-prosecutors of asking notice about denotation.The third part mainly attempts into finding out problems in bribery crime existing in the investigation about preliminary investigation object measures,and making the research on explore the root causes of problems,through with analysis of typical case,application present situation investigation to and from the aspects of system,objective aspect,the handling practice factors.The fourth part is mainly about the system building on the regulations of ask denotation object measures.This part firstly suggested to confirm the preliminary investigation system from the legislation level,and make a specification of asking denotation object measures through the judicial interpretation system.Secondly,the article suggested that purpose through forward fully synchronized video recording,comprehensive and objective record of interrogation,playing to the internal supervision and external supervision are introduced to strengthen the supervision and restriction mechanism.Again,the article suggested that establishing the system of preliminary investigation case filing,filing before the illegal evidence exclusion rule,to host the prosecutor lifelong liability system with system construction of relief system.