On The Legal Regulation And Protection Of The Right To Investigation Of Duty Crimes

The investigation right of the duty crime is a clear regulation of the law by the procuratorial organ.The procuratorial organ has the right to investigate the criminal cases in which the state is a member of the state or the use of its functions and powers.This is the sacred duty of the Chinese Constitution and the law.The right is important content of procuratorial work.which is also an important power of the procuratorial organ's legal supervision power.The Criminal Procedure Law of the People's Republic of China has provisions such as the perfection of evidence system,the expansion of the investigation stage right to defense,strengthen the use of coercive measures,clear exclusionary rules and establish the procuratorial organs of the technical investigation right and other relevant laws and regulations on the duty crime detection power operation,is of great significance and far-reaching impact on protection of procedural rights of criminal suspects and other legitimate rights and interests,but in judicial practice still there are shortcomings.How to carry out job-related crimes investigation of the right to reasonable regulation and protection,not only to let the investigation organ to fully exercise the right of investigation and collecting evidence as much as possible,the disclosure,confirmed,punish crime,maintaining social order and stability;and with effective regulation mechanism,the exercise of the right of investigation of the restrictions,safeguard the legitimate rights and interests the crime suspect,reach the dynamic balance of the duty crime investigation and protection of human rights.The main body of this paper is divided into four parts:In the first part,the author analyzes the concept,content,characteristic and legal attribute of the right to the investigation of the duty crime.In the second part,the author analyzes the historical evolution of the investigation power of duty crime and the existing system and the influence of the current criminal procedure law on the investigation power of the duty crime.The third part,the author from the existing duty crime investigation system of the lack of operation and the system itself is the lack of two aspects of analysis,To find out the problems in the operation of the right to the investigation of the duty crime;The fourth part,the author draws lessons from foreign experience,Analysis of the legal basis and principles of the regulation and protection of the right to the investigation of duty crime.Then the author puts forward the idea of the regulation and guarantee of the right to the investigation of the duty crime in our country.In order to achieve the effective regulation and protection of the right of investigation of duty crime,it can achieve the dynamic balance of the investigation of duty crime and the guarantee of human rights.