Study On Exercise And Improvement Of The Criminal Investigation Power Of The Army

The criminal investigation of the Chinese military is carried out by the Security Department under the Department of political affairs of the central military commission of the Communist Party of China.It is authorized by the State Law and relevant military regulations.It exercises the Military criminal investigation power as the military procuratorates and military prisons does.As an important basis for the military to carry out criminal investigation work,it is also an important part of the military rule of law construction.The exercise of the military criminal investigation power has played a positive role in carrying out military criminal investigation work,cracking down on military crimes,and maintaining order within the military.However,because the military is a special individual with closeness and independence,the military criminal investigation power is affected by military command in the exercise process,and there is a problem of irregular exercise.In particular,in recent years,the reform of the national defense and military forces has gradually deepened,the restructuring of the military establishment system has been adjusted,and the internal situation of the military has undergone tremendous changes.The power of the criminal investigation power of the military is not clear,the exercise of power is not independent,the establishment of the investigation institution is unreasonable,and the professional level of the investigators is lacking,so that the military criminal investigation power cannot cope with the new situation and tasks in practice.In order to ensure the smooth development of the criminal investigation work in the military,comprehensively crack down on illegal criminal activities in the military,and at the same time focus on the needs of the reform and construction of the military judicial system,it is necessary to conduct a more in-depth discussion on the exercise and improvement of the military criminal investigation power.This paper mainly takes the military criminal investigation power of the military security department as the research object,and uses literature research,historical research,comparative research and empirical research to explore the difference between the criminal investigation power and the ordinary criminal investigation power,and analyzes the allocation of military criminal investigation power.status quo.Through comprehensive data collection,the situation in practice will be investigated.Based on the induction and analysis of the theory,combined with the new situation and new tasks facing the current state and army building,the problems existing in the exercise of criminal investigation rights will be improved.Reasonable suggestions for the military criminal investigation power.Based on the above research framework and ideas,the status quo of the military criminal investigation power allocation is taken as the central issue of this paper.First of all,through the definition of the concept of military criminal investigation power,revolving around the academic debate on the nature of military criminal investigation power,reclassifying the value of military criminal investigation power and military attributes,and clarifying the military criminal investigation power.The command attribute provides a theoretical basis for the improvement of the military criminal investigation power.Secondly,it sorts out the development process of the military criminal investigation system,and combines the main tasks of the military criminal investigation work in the new period.On the basis of investigating the actual situation of the military,it summarizes the current situation of the allocation of criminal investigation power and puts forward the criminal investigation of the army.Problems in the exercise of power: the exercise of the right to investigate is not independent,the subject of investigation is not standardized,and the supervision mechanism is imperfect.It provides a reform idea for the improvement of the military criminal investigation power.Finally,combined with the needs of military development and construction under the new situation and the impact of the National Supervision Law on the Criminal Procedure Law,the necessity and urgency of perfecting the criminal investigation power of the military is proposed.At the same time,on the basis of grasping the principles of perfecting the criminal investigation power of the military,it puts forward several suggestions on perfecting the criminal investigation power of the army.First,it regulates the granting methods and powers of the military criminal investigation power,and eliminates the phenomenon that the criminal investigation work of the military cannot be carried out.The second is to optimize the institutional setup of the military criminal investigation authority and improve the timeliness of the military's criminal investigation power.The third is to improve the standardization of the criminal investigation subject of the military and strengthen the construction of the criminal investigation talent team.The fourth is to strengthen supervision over the criminal investigation activities of the military and vigorously prevent the occurrence of illegal investigations.