Research On Organized Crime Investigation

Underworld Organized crime is an organized crime that seriously endangers social security and safety.Underworld Organized crime,Terrorist organization crime and Drug crime is known as the three "global plague".The public hates the criminal behavior of the underworld organization.Under such a collective voice of justice and justice,the public requires to take a strong and effective repression of such investigations.While,the protection of basic rights in Constitution maybe easily overlooked.The emphasis on efficiency side will prevail.Therefore,the investigation on organized crime must strike a balance between punishing crime and restricting public power and protection of human rights.In order to effectively cope with the intensified organized crime,In 1997,the Chinese criminal law added the provisions of organized crime.The "Criminal Law Amendment(8)"was revised and perfected in 2011.In 2012,relevant regulations of technical investigation was involved in Criminal Procedure Law.The establishment of the privilege against self incrimination,exclusionary rule of illegal evidence has brought new challenges to organized crime investigation.In practice,organized crime investigation still exists some shortcomings and maladjustment,mainly reflected in the difficulty of obtaining evidence,trial and law application.The author is experienced in handling cases,from the perspective of specific cases on investigation of organized crime,combing with foreign successful experience and practice,this article tries to enlighten peers and combat practice.The full text has about 29,000 words,the paper includes four aspects except the introduction.The first part is an overview of organized crime investigation,clarifying the connotation of organized crime from foreign and domestic definitions of organized crime.It also elaborates the concept of organized crime investigation,the background of the construction of organized crime system,and establishing the basic principles of the legitimacy,purpose and necessity of organized crime investigation.Also,this part states the meaning of the construction of organization crime investigation system,namely respect and guarantee human rights,satisfy the need for the process of legalization and realize the ultimate goal of justice.The second part is the empirical analysis and predicament of the current organized crime investigation.Firstly,review the practice of organized crime investigation,and discuss the main body of implementation,the procedure of investigation and evidence collection.Then,summed up the main difficulties encountered in the practice,including the investigation and evidence collection,investigators specialization team,technical investigation measures,witness protection and disposition of involved property.The third part studies foreign experience of organized crime and intends to draw some lessons.Italy,the United States,Germany and Russia own extensive experience on organized crime investigation.This paper tries to exam their investigation subject,investigation procedure and investigation measure.Form some inspiration for China’s organized crime investigation.The fourth part focuses on the suggestion on improvement of organized crime investigation.Bases on the dilemma mentioned in previous analysis,by combing the experience of foreign countries and domestic environment,this paper put forward five proposals.They are changing the investigation mode,setting up an independent investigation system,improving technical investigation measures,strengthening the witnesses protection and combating the economic basis of the criminal organization.