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 are intensified and corruption is prone to occur frequently; Third, the rising expectations of the masses for anti-corruption and the relative lack of anti-corruption ability coexist. 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 the anti-corruption work at present ("tigers" fight with "flies" and "mosquitoes" are not spared). Therefore, the investigation and prevention of duty crimes in the procuratorate is catching up with a "historical strategic opportunity period", which is both an opportunity and a challenge. "The wind is just sailing". Therefore, we must fully perform and improve the responsibility and level of investigating and preventing duty crimes with a clearer attitude, firmer determination and more powerful 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
In investigating and handling crimes:
(1) Challenges of low professional level of investigators
Investigators should not only have firm political beliefs, but also have superb professional level. The investigation of duty crimes is different from other procuratorial work. Investigators should not only have theoretical knowledge, but also have strong operational ability. An excellent investigator needs to constantly sharpen his skills and methods in handling cases 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 related knowledge in the system field. But the reality is that the quality of procuratorial police officers engaged in self-investigation is not satisfactory. Some investigators lack investigation consciousness and means; Some investigators have a single professional knowledge and are helpless in the face of complex cases; Some police officers have a weak sense of responsibility and are afraid of hardship. It does face the "challenge of insufficient ability."
(2) The investigation mode is outdated, and the challenge of breaking through the difficulties of the case
Because of the concealment of the means of committing crimes, the criminals have strong anti-investigation ability, which leads the self-investigation department to focus on the confession of the suspect and the testimony of witnesses when investigating such cases, and then collect relevant documentary evidence and physical evidence according to the confession and the testimony of witnesses. 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) Challenges of backward investigation equipment and technology
Under the new historical conditions, duty crimes are characterized by "more intelligence and specialization, more complicated and hidden criminal means, wider network of suspects, thicker protective layer and stronger anti-investigation ability", which is in sharp contrast to the fact that the investigation equipment of procuratorial organs is far from meeting the needs of modern investigation work. The backwardness of investigation equipment and technology has caused the procuratorial organs to look at the case and sigh. There is indeed a "problem of inadequate hardware configuration".
(IV) The new criminal procedure law has brought many challenges
Generally, the cases of duty crimes are complicated and concealed, and the suspects have strong anti-investigation ability, and the cases show a "one-on-one" mode. 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. It is more difficult to balance "punishing crimes" and "safeguarding human rights".
Crime prevention:
(1) Failure to recognize the challenges. The law enforcement concept of "emphasizing punishment and neglecting prevention" exists to varying degrees. It is generally believed that handling cases is a hard task, and the strike effect is obvious and intuitive. Increasing the intensity of investigation and punishment can play a deterrent, vigilance, prevention and education role for specific groups, reduce and contain the occurrence of duty crimes, and the work achievements are tangible and intangible, which is a "remarkable achievement". The prevention work is a soft task, which is flexible, difficult to assess the work performance, difficult to measure the work effect and difficult to reflect the 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 job-related crime prevention need to be further strengthened. The job-related crime prevention 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 are not proactive and cooperative enough, which affects the in-depth development of prevention work to a certain extent. The work measures and effectiveness of preventing job-related crimes need to be further enhanced. Compared with the strong social needs, the current job-related crime prevention has a big gap. ?
(3) the challenge of imperfect working mechanism. The prevention mechanism needs to be further improved. Judging from the investigation, at present, the city's procuratorates still need to further improve the effective internal working mechanism for preventing duty crimes, and other departments and prevention departments should further strengthen coordination and cooperation in prevention work to form an overall preventive force. To avoid the prevention work, the duty crime prevention department will fight alone and sing "one-man show".
facing the challenge, what should we do next?
Investigating and dealing with crimes:
(1) We should strengthen the construction of investigation ability in order to improve the investigation level of duty crimes
Strengthen the initial investigation ability. First, we should improve our ability to find clues, and we should be able to find clues from general reporting clues, social occasions and news media reports in auditing and interrogation. Second, we should make a thorough and detailed analysis of the clues of the initial investigation and determine the focus of the initial investigation according to the constitutive requirements of the crime. Third, we should make full use of all kinds of technical investigation methods to take secret preliminary investigation, and consolidate the peripheral evidence without leaking the wind and investigation intention. Fourth, we should broaden our horizons, conduct a preliminary investigation extensively and comprehensively, and collect and store as much information as possible related to the case to lay the foundation for the trial.
2. Strengthen interrogation ability. To strengthen the organization, leadership and decision-making command of interrogation work, commanders should communicate with case handlers in time, firmly grasp the direction of interrogation, adjust interrogation strategies in time, and strengthen the coordination of interrogation work. It is necessary to make thorough preparations before interrogation, fully understand and grasp the situation of the whole case, especially the relevant situation of the criminal suspect, and formulate interrogation plans and strategies. Before and after interrogation, they should be connected and coherent with each other, so that the purpose and tasks are clear and form an organic whole. ?
3. Strengthen the ability of obtaining evidence. First, we must 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 the procedure, and has a high demand for evidence. Investigators should change the previous mode of obtaining evidence based on supply and demand certificates, and give evidence first, highlighting the collection and fixation of direct and indirect evidence such as other witnesses and physical 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.
(2) Innovative investigation mode
Strengthen the inspection by science and technology and strengthen the information construction. Make full use of the power of science and technology to improve the level of investigating 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 the important criminal evidence before they come into direct contact with the criminal suspect, and to the control of the criminal suspect. The new criminal procedure law has given the procuratorial organ the power of technical investigation. How to make good use of technical investigation means so as not to rely on confession is an important topic that our self-investigation department is facing now.
2. improve the mechanism construction of "investigation integration of people following the case and dynamically using police". In the face of complex duty crime cases, the investigation power of a grass-roots hospital alone is weak, so the operational mechanism of investigating and handling duty crime cases led by municipal procuratorates should be strengthened. By integrating the allocation of investigation resources, an operating mechanism with strong vertical command, close horizontal cooperation and efficient and orderly operation should 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, we should carry out 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 can be improved.
(III) Accelerating 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 should be formulated to give full play to its effectiveness. For the equipment that is obviously backward, outdated, has no improvement value and even easily leads to investigation errors, it 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 in the case, 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, investigation and pursuit.
Crime prevention:
(1) Adhere to "strike and prevent simultaneously" and establish and improve the integrated working mechanism of punishment and prevention. First, we must firmly establish the concept of "preventing duty crimes leads to productivity" and the concept of "fighting crimes is an achievement, and preventing crimes is even more an achievement". Vigorously carry out professional and systematic job prevention work. Second, we should 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 crimes be curbed and deterred in time, and the public can be mobilized and encouraged to effectively cooperate with and promote the prevention of duty crimes. Third, we should faithfully implement the spirit of the Supreme People's Procuratorate's Decision on Further Strengthening the Prevention of Duty Crimes, integrate 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 and handling cases, with the same deployment, implementation and assessment.
(2) Strengthen the prevention measures of duty crimes and improve the effectiveness of prevention work. First, we should actively carry out case prevention, deepen systematic prevention, strengthen special prevention, identify the breakthrough 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, we should take this mass line education practice as an opportunity to combine the investigation of four winds, four winds and 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, we should earnestly strengthen the research on the prevention of duty crimes, timely summarize and make scientific analysis and prediction, and put forward countermeasures to fundamentally curb and reduce duty crimes for the reference of party committees' decision-making. Third, we should strengthen the propaganda and warning of preventing duty crimes. Make full use of its own legal resources advantages, give full play to the role of warning education base, strengthen communication and contact with 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, we should 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 deployment of the Party Committee, further strengthen contact and cooperation with relevant departments and all sectors of society, strive to form a working mechanism for preventing duty crimes in which procuratorial organs play their functions and all sectors of society participate extensively, incorporate prevention into the overall deployment of comprehensive management of social security, change prevention from a "soft task" to a "hard indicator", and promote the construction of a socialized "big prevention" working pattern under the unified leadership of the Party Committee. Second, we should closely strengthen contact with discipline inspection and supervision departments, communicate and coordinate more, * * * discuss prevention work, * * * deploy prevention work, * * * inspect and guide prevention work, and form a work pattern of * * *. Third, we should further perform our duties of supervision and guidance, strengthen the guidance of prevention work for all relevant departments and units, integrate the resources of various prevention subjects, improve the network of prevention work, strengthen information exchange and popularize prevention experience. In particular, it is necessary to strengthen cooperation and contact with law enforcement departments to form information sharing. According to the problems reflected by administrative law enforcement departments, opinions and suggestions are put forward to carry out targeted prevention of duty crimes.
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 enhance the credibility of procuratorial work.
lizhou district procuratorate of Guangyuan city? Xu Xu