Research On The Working Mechanism Of Procuratorial Investigation Power

Under the logic of the existing legal framework and criminal procedure structure in China,the right of supplementary investigation,and the right of mobile investigation.In the narrow sense,the procuratorial authority refers to the right of direct investigation.In recent years,under the influence of supervision system reform,the investigation power of procuratorial organs has been greatly impacted,especially the direct case investigation power.The scope of accepting cases with the right of direct filing and investigation is greatly limited.The procuratorial organs only directly file and investigate the malfeasance and infringement crimes of judicial personnel in the process of litigation,and no longer have the right to file and investigate the work-related crimes of state personnel.Specifically,the scope of the subject and the scope of charges are further restricted.Regarded as the "heavy weapon" of the prosecution against corruption and malfeasance,the overall "relocation" to the supervisory organs,the prosecution has obviously appeared some "discomfort" symptoms,the operation of the prosecution investigation power has also appeared a series of realistic and urgent problems.In order to clarify the problem,we must first understand and grasp the basic concept,attribute and orientation of the procuratorial authority.Secondly,it is necessary to clarify the influence of supervisory system reform on the investigation power of procuratorial organs and why such reform should be carried out,so as to explore the expectation and hope for the future development and transformation of procuratorial organs behind the top-level design.Finally,based on practice,the key of the problem is identified,and the most urgent problems facing different kinds of investigation power are classified and summarized,and feasible solutions are proposed for the problems of different kinds of investigation power.The dissertation can be divided into six parts beside an introduction and a conclusion.By discussing the basic concept of procuratorial investigation power,the culture and mechanism foundation of procuratorial investigation power,the status quo of extraterritorial application of procuratorial investigation power,the shortage on procuratorial investigation power in practice and the optimization strategies of procuratorial investigation power in five chapters,the main contents are summarized as below:The first part always revolves around the basic concept of the procuratorial authority of investigation.Try to answer what is the connotation of the investigative power of procuratorial organs? What is procuratorial organ investigation power classification? What is the attribute of procuratorial authority? And procuratorial authority and similar concept recognition.Generally speaking,the power of investigation by procuratorial organs refers to the power of specialized criminal investigation and compulsory measures carried out.The investigation power of procuratorial organs can be divided into three types: direct investigation power,flexible investigation power and supplementary investigation power.Based on the "procuratorial" and "investigative" attributes of the procuratorial authority,this paper discusses the attributes of the procuratorial authority,admitting that the essence of the procuratorial authority is legal supervision,and the investigative authority is both administrative and judicial characteristics.At the same time,it clarifies the orientation of procuratorial investigation power,and differentiates procuratorial investigation power,procuratorial investigation power and procuratorial investigation power based on hot issues in practice and theory.Procuratorial power and procuratorial investigation power are consistent in essence,and procuratorial investigation power is a subordinate "sub-power" of procuratorial power in form.Generalized enforcement power supervision enforcement power can be divided into disciplinary inspection and administrative supervision enforcement power and criminal duty crime investigation,special supervision enforcement power refers to the criminal duty crime investigation,only enforcement power exercised by the supervisory organ in the criminal investigation stage is the nature of the prosecution indictment,and both on suspicion of duty crime prosecution procedure has strong cohesion.The second part,based on the historical perspective of the procuratorial authority,explores the cultural basis of the procuratorial authority system in China.which has always relied on and adhered to since its establishment.First of all,since the founding of new China procuratorial organs and procuratorial organs indictment development evolution and the detailed content of each phase of the longitudinal comparison,system combing the our country since the founding of the people’s procuratorial organs and the indictment experienced four stages: the preliminary establishment stage,initial stage of development and setbacks in recovery and development phases,and the new era of new phase change.Through the vertical comparison of the historical evolution of The procuratorial organs in China and the horizontal comparison of the historical evolution of the procuratorial systems in foreign countries,it is concluded that the instructive principles should be followed in the optimization of the operation of the procuratorial organs’ investigative power in the future: Draw lessons from the beneficial experience of other countries or self exploration practice in our country,the system construction should be in the existing political structure,legal framework,under the cultural background and the reality needs comprehensive factors such as building,respect and understanding in our country and historical changes of the real need is to grasp and understand the startingThe third part focuses on the problems existing in the operation of procuratorial power.What are the practical problems existing in the power of direct investigation,supplementary investigation and flexible investigation in practice? In view of the issue of the right to directly file a case and investigate,the crimes of official malfeasance are often interdependent and interwoven.The malfeasance and infringement involve embezzlement and bribery,and the malfeasance and infringement involve embezzlement and bribery are very common in judicial practice cases.In addition,due to the transfer of the procuratorial organs and the loss of a large number of professional investigators,the number of investigators is insufficient and the investigation ability is not high.In addition,the imperfect communication and coordination mechanism of cases involving each other leads to the lack of autonomy in the initiation of the procuratorial organ’s right to directly file cases and investigation,which is often influenced by the supervision organ.The existing communication and coordination mechanism is relatively general and unclear.In view of the problem of supplementary investigation right,there are some problems in practice,such as low starting rate of self-supplementary investigation right,double doubts in system and concept of returning supplementary investigation right,and right protection of returning supplementary investigation right.The forth part of the new era on how to optimize China’s procuratorial organs indictment runs the fundamental question,the procuratorial organs indictment is in the transformation of the crossroads,challenges and opportunities coexist,combining with the practice in the three categories of the troubles of procuratorial organs investigation as the breakthrough point,to explore the specific optimization path procuratorial organs indictment transformation,Better service and return to the constitutional orientation and function of the procuratorial organ’s legal supervision.It tries to optimize the operation of the right of direct investigation by solving the jurisdiction-competition and cooperation between the right of inspection and investigation and the right of supervision and investigation,making use of scientific and technological innovation to make up for the shortage of manpower and opening up the communication of internal clues.It tries to optimize the operation of the supplementary investigation power by refining the normative system,eliminating the doubts of the normative level,further insisting and strengthening the leading function of the procuratorial organ before trial,giving full play to the supervisory role of the supplementary investigation,facing up to the constitutional status of the procuratorial organ,and eliminating the doubts of the concept level.This paper tries to deepen the understanding and grasp of the legislative meaning of the power of mobile investigation,clarify and refine the applicable conditions of the power of mobile investigation,integrate the limited investigation resources and optimize the allocation to optimize the operation of the power of mobile investigation.