检察机关职务犯罪初查的困境与对策——以西部L县检察院自侦部门为视角.pdfVIP

Abstract With the implementation of the new Code of Criminal Procedure, The requirements that investigation department must be in strict accordance with the law and reinforce the protection of human rights is increasingly higher. Meanwhile, the defense lawyer involved in the investigation stage to advance, may not be compelled self-incrimination and full sync audio and video recording system are implemented ,so the difficulty of obtaining evidence material will greatly increase. In this paper, The data and examples provided by Western L County Procuratorate are used as a baseline for the study. We will study the difficult position and countermeasures of preliminary investigation. Besides parts of introduction and conclusion, the paper is divided into three parts. Part I: Overview of preliminary investigation of duty crime . Introduce the concept and nature of preliminary investigation. Part II: The practical difficulties of preliminary investigation. The data and examples provided by Western L County Procuratorate are used as a baseline for the study. We can analyse three aspects of problem: Firstly, there are so little clue for preliminary investigation . Secondly, preliminary investigation procedural requirements is not strict. Thirdly, the quality is not well and the rates of success is low. Part III: The countermeasures of preliminary investigation in the judicial practice . Combined with the preliminary investigation of practice, propos some countermeasures. Mainly include: broadening sources, strengthen supervision and management, improve the quality of preliminary investigation. Keywords: duty crime; preliminary investigation; predicament; countermeasures