A Study On The Preliminary Investigation System Of Duty Crime

The preliminary investigation system of duty crime which has been gradually set-up and perfected during the practice nowadays has become one of the indispensable parts of the self-investigation department of procuratorate organs daily work,as well as it has become a key factor that determines the result of the investigation.Also as a result of the construction of rule of law in China,human rights have been highly concerned,thus the call of normativity of the judicial procedure has rised as well.Apparently,the preliminary investigation leads the whole procedure followed,supports the direction and makes the prediction cleared.The normativity of the preliminary investigation,as a result,gives the whole procedure followed a lawful start.Awkwardly,however,there are still not any legal provisions of the preliminary investigation at all in the law system of China.For the preliminary investigation is such a important part of the whole investigation procedure,considering the absent of the legal provisions,researchers and critics have been taking furious debates on this issue,discussing whether the preliminary investigation should be still a proper exist in the whole investigation procedure.This paper takes the positive side of the above discussion,which insists the exist of the preliminary investigation should be going on,of course legally as well.Here a new factor has been introduced into this discussion and highly priority considered--the set-up of the new organ ‘supervisory committee',in the future work of which give a bright way of the preliminary investigation.Based on this side,the following part will make a deep research on the preliminary investigation,import the foreign legal provisions and practice characteristic as reference,support some positive advices on the legislation in the nearly future.This pater will discuss the preliminary investigation system of duty crime in four parts: firstly,the overview of this system,sketching out the principles and other characteristics;secondly,the current situation and the problem;thirdly,the foreign legal provisions and the comparison;Fourthly,the advices.