What phenomena in current social life may develop into clues to the investigation of duty crimes?

At present, the investigation and prevention of duty crimes are facing a complicated situation of "three coexistence": first, obvious results and outstanding problems coexist; Second, the prevention and control efforts have increased, and corruption is prone to occur frequently; Third, the rising expectations of the masses for anti-corruption coexist with the relative lack of anti-corruption ability. It can be said that the situation of the anti-corruption struggle is still very grim and the task is still very arduous. However, we should also see the determination and strength of the CPC Central Committee in anti-corruption work at present ("tigers" fight "flies" and "mosquitoes" are not immune). Therefore, the procuratorial organs are catching up with a "historical and strategic opportunity period" in investigating and preventing duty crimes, which is both an opportunity and a challenge. The wind is just sailing. Therefore, we must fully fulfill and improve the responsibility and level of investigating and preventing duty crimes with a clearer attitude, firmer determination and more effective measures, effectively curb the breeding and spread of corruption, and create a clean and upright environment for economic and social development.

Challenges in Investigating and Preventing Duty Crimes

Investigating and handling crimes:

(a) Challenges of low professionalism of investigators

Investigators should not only have firm political beliefs, but also have superb professional skills. The investigation of duty crime is different from other procuratorial work. Investigators should not only have theoretical knowledge, but also have strong operational ability. An excellent investigator needs to hone his case-handling skills and methods for a long time. At the same time, the self-investigation work under the new situation also requires investigators to be compound talents, who not only need to master legal knowledge, but also need to learn and master other professional knowledge, such as accounting, medical care, construction and other system fields. But the reality is that the quality of procuratorial police officers engaged in self-investigation is not satisfactory. Some investigators lack awareness and means of investigation; Some investigators have a single professional knowledge and are helpless in the face of complex cases; Some policemen have a weak sense of responsibility and are afraid of suffering. It does face "the challenge of insufficient capacity".

(2) The old investigation mode and the challenge of breaking through the difficulties of the case.

Due to the concealment of criminals' means of committing crimes and their strong anti-investigation ability, the self-investigation department focuses on the confession and witness testimony of the criminal suspect when investigating such cases, and then collects relevant documentary evidence and physical evidence according to the confession and witness testimony. This investigation mode of "from confession to evidence" has many disadvantages. With the implementation of the new criminal procedure law, this investigation mode is unsustainable.

(3) The challenge of backward investigation equipment and technology.

Under the new historical conditions, duty crimes are characterized by "more intelligence and specialization, more complicated and concealed criminal means, wider network of criminal suspects, thicker protective layer and stronger anti-investigation ability". In sharp contrast, the investigation equipment of procuratorial organs is far from meeting the needs of modern investigation work. The backwardness of investigation equipment and technology makes the procuratorial organs look forward to the case. There is indeed a "problem of insufficient hardware configuration."

The new criminal procedure law has brought many challenges.

Duty crime cases are generally complicated and concealed, and the suspects have strong anti-investigation ability, and the cases show a "one-on-one" model. After the implementation of the new criminal procedure law, it has greatly improved the difficulty of breaking through the confession of criminal suspects in bribery cases. Even in the case of obtaining relevant testimony, it is difficult to break through the suspect's confession because of the protection of the suspect's rights, the early intervention of lawyers and the restriction of compulsory measures. The balance between "punishing crimes" and "safeguarding human rights" is more difficult.

Crime prevention:

(a) Failure to recognize the existing challenges. The law enforcement concept of "paying more attention to punishment than prevention" exists to varying degrees. It is generally believed that handling cases is a hard task, and the strike effect is obvious and intuitive. Strengthening the investigation and punishment can play a deterrent, warning, prevention and education role for specific groups, reduce and contain the occurrence of duty crimes, and the work results are tangible and intangible, which is a "remarkable achievement." Prevention work is a soft task, with flexibility, difficult to evaluate work performance, difficult to measure work effect and difficult to reflect work value, and it is a "potential achievement". Form a situation of "ice and fire". ?

(2) The challenge of poor work effectiveness. The breadth, depth and effectiveness of duty crime prevention need to be further strengthened. The prevention of duty crime started late, the business foundation is weak, there are not many special means, the legal protection is not enough, and the publicity is not strong. As a result, a few departments and units lack confidence in carrying out prevention work, and they are not active and cooperative enough, which affects the in-depth development of prevention work to a certain extent. The measures and effects of preventing job-related crimes need to be further improved. Compared with the strong social demand, there is a big gap in the current prevention of duty crimes. ?

(3) The challenge of imperfect working mechanism. The prevention mechanism needs to be further improved. Judging from the investigation, the effective internal working mechanism of the procuratorial organs in the city to prevent duty crimes still needs to be further improved, and other departments and prevention departments should further strengthen the coordination and cooperation of prevention work to form an overall preventive force. Avoid prevention work, and the duty crime prevention department will fight alone and sing a "one-man show".

Facing the challenge, what should we do next?

Investigating and handling crimes:

(a) strengthen the investigation ability, in order to improve the level of duty crime investigation.

Strengthen the ability of initial investigation. First, to improve the ability to find clues, we should be able to find clues from general reporting clues, social occasions and news media reports in auditing and interrogation. The second is to analyze the clues of the initial investigation in depth and carefully, and determine the key points of the initial investigation according to the constitutive requirements of the crime. The third is to make full use of various technical investigation methods, take secret preliminary investigation, and consolidate the peripheral evidence without leaking the wind and investigation intention. Fourth, we should broaden our horizons, conduct extensive and comprehensive preliminary investigations, and collect and store as much information related to the case as possible to lay the foundation for the trial.

2. Strengthen interrogation ability. Strengthen the organization, leadership and decision-making command of interrogation. Commanders should communicate with case handlers in time, firmly grasp the direction of interrogation, adjust interrogation strategies in time, and strengthen the coordination and cooperation of interrogation work. Before interrogation, we should make full preparations, fully understand and master the situation of the whole case, especially the relevant situation of the criminal suspect, and make interrogation plans and strategies. Before and after interrogation, we should be connected and coherent, so that the purpose and task are clear and form an organic whole. ?

3. Strengthen the ability of obtaining evidence. First, we should strengthen the awareness of the legitimacy of evidence. The new criminal procedure law pays more attention to the protection of human rights, emphasizes the legitimacy of procedures and requires high evidence. Investigators should change the previous mode of obtaining evidence based on proof of supply and demand, give priority to proof, and highlight the collection and fixation of other witnesses, physical evidence and other direct and indirect evidence. Second, we must strengthen our sense of responsibility. It is necessary to emphasize the legality, comprehensiveness and timeliness of evidence collection and try to avoid flaws in evidence.

(B) innovative investigation mode

Strengthen scientific and technological inspection and information construction. Make full use of scientific and technological strength to improve the level of handling cases. Taking technical investigation measures is an indispensable and important means to effectively investigate and deal with crimes. The application of this measure is conducive to the procuratorial organs to grasp important criminal evidence before direct contact with criminal suspects and to the control of criminal suspects. The new criminal procedure law gives the procuratorial organs the power of technical investigation. How to make good use of technical investigation means and make it independent of confession is an important topic that our self-investigation department is facing now.

2. Improve the investigation integration mechanism of "people follow the case and use police dynamically". In the face of complex duty crime cases, the investigation power of a primary hospital alone is weak, and the operational mechanism of investigating duty crime cases led by municipal procuratorates should be strengthened. Through the integration and allocation of investigation resources, an operational mechanism with strong vertical command, close horizontal cooperation and efficient and orderly operation will be formed in the investigation department of duty crimes of procuratorial organs in the city, so as to effectively form a joint force and effectively eliminate all kinds of interference resistance. While implementing the integration of investigation and investigation, we should provide good support, help and guidance to fully mobilize the enthusiasm of grass-roots hospitals in handling cases. By exploring and perfecting the "investigation integration" mechanism, the overall combat level and combat capability of procuratorial organs will be improved.

(3) Accelerate the improvement of technical equipment.

In accordance with the principle of "advanced, applicable, supporting and popularizing", while giving full play to the role of existing equipment and technology, rules are formulated to give full play to their effectiveness. Equipment that is obviously backward, outdated, has no improvement value and even easily leads to investigation errors should be updated in time; Actively introduce, absorb and use new technologies and equipment that are really effective in the practice of duty crime investigation, and strive to reach the required configuration level for duty crime investigation. At the same time, actively use computer technology to establish a database of information involved, store and manage it, and implement dynamic management of handling cases; Give full play to the application of investigation and command network system in organizing and directing case handling and investigation and pursuit.

Crime prevention:

(a) adhere to the "strike and prevent simultaneously", establish and improve the mechanism of combining punishment with prevention. First, we should firmly establish the concepts of "preventing duty crimes is productive forces" and "combating crimes is political achievements, and preventing crimes is even more political achievements". Vigorously carry out professional and systematic job prevention work. The second is to give full play to the special preventive role of investigating and handling duty crimes. Resolutely investigate and deal with corruption cases, severely punish all kinds of corruption, and always maintain a high-pressure situation against corruption. Only by punishing crimes according to law can we curb and deter crimes in time and mobilize and encourage the public to effectively cooperate with and promote the prevention of duty crimes. Third, faithfully implement the spirit of the Supreme People's Procuratorate's Decision on Further Strengthening the Prevention of Duty Crimes, incorporate the prevention of duty crimes by procuratorial organs into the overall situation of anti-corruption work, and put prevention work in the same important position as investigating cases, with equal deployment, equal implementation and equal assessment.

(two) to strengthen the prevention measures of duty crimes, improve the effectiveness of prevention work. First, actively carry out case prevention, deepen systematic prevention, strengthen special prevention, identify the starting point of prevention work, and enhance the initiative and effectiveness of prevention work. At present, in accordance with the anti-corruption policy set by the 18th National Congress of the Communist Party of China, taking this mass line education practice as an opportunity, we should combine the investigation of four winds and four winds with the prevention of duty crimes, find out the risk points of duty crimes by investigating four winds, four winds and four winds, and formulate measures to prevent duty crimes. Second, earnestly strengthen the research on the prevention of duty crimes, timely summarize, scientifically analyze and predict, and put forward countermeasures to fundamentally curb and reduce duty crimes for the reference of party committees' decision-making. Third, strengthen the propaganda and warning of preventing duty crimes. Make full use of the advantages of its own legal resources, give full play to the role of warning education base, strengthen communication with the news media and the public, actively carry out legal publicity and consultation activities, comprehensively improve the legal concept and clean government awareness of the whole society, and form a public opinion atmosphere for preventing duty crimes.

(3) Based on the procuratorial function, realize the organic combination of procuratorial organ prevention and social prevention. First, closely rely on the leadership of the Party Committee, take the initiative to incorporate the prevention of duty crimes by procuratorial organs into the overall work arrangements of the Party Committee, further strengthen contacts and cooperation with relevant departments and all sectors of society, and strive to form a working mechanism for preventing duty crimes in which procuratorial organs play their functions and all sectors of society participate extensively. Put prevention into the overall deployment of comprehensive management of social security, change prevention into a "soft task" as a "hard indicator", and promote the construction of socialized "big prevention" work pattern under the unified leadership of the party Committee. The second is to strengthen the contact with the discipline inspection and supervision departments, communicate and coordinate more, discuss the prevention work, deploy the prevention work, and inspect and guide the prevention work to form a * * * work pattern. The third is to further perform the duty of supervision and guidance, strengthen the guidance for prevention work of all relevant departments and units, integrate all kinds of prevention subject resources, improve the prevention work network, strengthen information exchange and popularize prevention experience. In particular, it is necessary to strengthen cooperation and contact with law enforcement departments and form information sharing. According to the problems reflected by the administrative law enforcement departments, put forward opinions and suggestions, and carry out the work of preventing duty crimes in a targeted manner.

It is true that the improvement of ability and level is always a process on the road, and it cannot be done once and for all. However, we believe that as long as we persevere and start from scratch, we will certainly win the trust of the people and continuously improve the credibility of procuratorial work.

Lizhou District Procuratorate of Guangyuan City? Xu Xu