On The Duty-related Crime Preliminary Investigation System

The duty-related crime preliminary investigation system,to investigate duty-related crime has played a huge role.From the supreme people's procuratorate to the local procuratorial organs at all levels pay more and more attention to the duty-related crime preliminary investigation,spare no effort to emphasize the duty-related crime investigation work center of gravity forward,the denotation of do solid work,is a case of "risk decision"to provide more basis.The duty-related crime preliminary investigation system,however,are facing the embarrassing situation-its not stipulated in the criminal law,As a system may affect the citizens' constitutional rights,but in the justice of the supreme people's procuratorate normative documents,"the people's procuratorate criminal procedure rules(trial)" is not detailed provisions,in the hard to avoid facing the problem of inadequate legislation status,at the same time also makes the system to ridicule,make its function in the judicial practice.This paper intends to analyze the theory and practice,it is concluded that the preliminary investigation of the duty crime should be included in the filing procedure,the material collected from the preliminary investigation should be accepted and the conclusion of its supervision and control should be strengthened.The text is divided into four parts:The first part,from the perspective of historical analysis,this paper analyzes the origin of the duty-related crime preliminary investigation system,and expounds the its concept,nature and task;The second part,in more comprehensively in this paper,the opposition and questioned the duty-related crime preliminary investigation system,on the basis of this paper discusses the theory and reality basis for promote the duty-related crime preliminary investigation system.The third part,analyzes the duty-related crime preliminary investigation in practice,and the analysis of existing problems.The fourth part,in the "relatively reasonable doctrine" vision,analysis of the path of perfecting our country's duty-related crime preliminary investigation system,including the preliminary investigation of the case scope,conditions,procedures and methods,etc.