How to shift the focus downwards and strengthen preliminary investigation of casesAfter the revision of the Criminal Procedure Law, higher requirements have been put forward for the investigation and

How to shift the focus downwards and strengthen preliminary investigation of casesAfter the revision of the Criminal Procedure Law, higher requirements have been put forward for the investigation and evidence collection of job-related crime cases. How to better complete the investigation of occupational crimes under the new situation and new regulations has become an urgent problem to be solved. The revised "Criminal Procedure Law" established the principles of "not forcing self-incrimination" and "exclusion of illegal evidence", which requires the anti-corruption department to speed up the pace and change the old concept of "from confession to evidence" and establish " The principles of "not being forced to incriminate yourself" and "exclusion of illegal evidence". The anti-corruption department must speed up the pace, change the old investigation concept of "from confession to evidence", and establish a new investigation model of "from evidence to confession". At the same time, the revised Criminal Procedure Law advances the intervention of defenders to the investigation stage, which further requires the anti-corruption department to obtain sufficient evidence before contacting the subject of investigation, and this must rely on efficient, complete, and standardized preliminary procedures. Detective work. Therefore, in future case handling work, it is particularly important to shift the focus downward and strengthen the preliminary investigation work. 1. Establish the dominant position of preliminary investigation work. Preliminary investigation work is an extremely important part of investigating and handling occupational crime cases. The quality of preliminary investigation work directly determines the efficiency of preliminary investigation clues and the success rate. At present, the concealment, intelligence and complexity of means of official crimes have brought great challenges to anti-corruption work. With the revision of the "Criminal Procedure Law", in the future, with the early intervention of lawyers, when faced with highly concealed and highly intelligent investigation targets, if a large amount of sufficient evidence materials with legal procedures cannot be obtained in a hurry, the investigation will be carried out in a hurry. It is almost impossible to extract a confession within a limited time. Therefore, the preliminary investigation work has become more important than ever before. The past focus on "fighting for confessions" must be completely changed, and the focus of the case must be shifted to the preliminary investigation and evidence collection. Establish the dominant position in the preliminary investigation work. In the entire case handling work, the main manpower, material resources and energy should be used in the preliminary investigation work, long-term management, comprehensive collection and mastery of materials and information related to the case, and preparation and establishment of the case. Be fully prepared for further investigation. Secondly, establish a standardized and efficient preliminary investigation work system. In response to the requirements of the revised Criminal Procedure Law, the previous extensive preliminary investigation model must be transformed into a "refined" preliminary investigation, and the previous "relying on sporadic evidence to contact the subject of investigation" must be changed. The practice of "confessions" should be based on comprehensive collection and fixation of evidence. On the basis of all-round collection and fixation of evidence, based on long-term business clues, accumulation of information, follow-up investigations, and mastery of all-round evidence, there is no room for investigation subjects to escape punishment. At the same time, it is necessary to further standardize the preliminary investigation work process, carefully sort out and analyze case clues, formulate a detailed preliminary investigation plan, clarify the principles, purpose, content, methods, risk assessment, safety precautions and other relevant factors of the preliminary investigation, refine the process, and effectively Ensure the completeness and comprehensiveness of the preliminary inspection work and effectively improve the efficiency of the preliminary inspection. Specifically, the following points must be achieved: 1. Clarify the purpose of the preliminary investigation. The purpose of the preliminary investigation is to collect and fix evidence, restore the truth, and determine whether to file a case for investigation and bring the case into criminal proceedings. Therefore, only by clarifying the purpose and direction of the preliminary investigation can we be targeted and invest limited manpower, material resources and energy into the investigation and evidence collection process, so as to obtain as much valuable material as possible in the shortest possible time. , thus greatly improving the efficiency of preliminary investigations. 2. Strengthen the ability to analyze and evaluate clues. The analysis and evaluation of clues in the case is the basis of the entire preliminary investigation. Only through in-depth analysis of clues in the case can the preliminary investigation be carried out in a targeted manner. As far as the author is concerned, the current sources of clues are mainly reports from the masses. The content of such clues is generally relatively scattered, and most of them reflect the appearance of things. Even if they involve specific facts, they are only a few words and not perfect; the psychological factors of the informants are complex. Reporting motives and purposes vary; reporting methods include one-way reporting, two-way reporting and multi-level reporting. Therefore, the analysis and evaluation of reporting clues are particularly important. Based on the basic situation of the whistleblower, we must have a basic understanding of the whistleblower's identity, economic status, and the credibility of the reported matter, analyze the specific situation, and find the right breakthrough. 3. Based on comprehensive analysis and evaluation, formulate a complete preliminary investigation plan. The plan should not only be conducive to giving full play to the subjective initiative of the police, but also prevent and overcome the randomness of the preliminary investigation work. The preliminary inspection work must not only be carried out in accordance with the established plan, but also respond to possible unexpected situations in a timely manner. Efforts should be made to cultivate the awareness of police officers, improve their observation and analysis capabilities, adhere to objective analysis and rational thinking, overcome preconceived ideas, and avoid generalizations. It is necessary to collect materials as much as possible, conduct comprehensive analysis, and conduct preliminary investigations carefully, and do not go into unprepared battles, let alone blindly contact the investigation targets. 4. Seize the opportunity and attack quickly. The key to investigating and handling job-related crime cases is "quickly", otherwise the best opportunity for evidence collection may be missed. In addition, the longer the preliminary investigation is delayed, the greater the possibility of leaking secrets, which will easily provide more opportunities for the subjects of the preliminary investigation to take counter-investigation measures and increase the difficulty of case detection. Therefore, investigators must have a sense of urgency that "opportunity cannot be missed, time will never come again" in order to conduct a rapid preliminary investigation and file a case in a timely manner. 5. Highlight key points and make selective breakthroughs. During the preliminary investigation, it is necessary to grasp the main issues reflected by the clues, collect evidence and materials, and find out the truth. Only by grasping the key points can the quality and efficiency of the preliminary inspection be improved. Analyze and demonstrate the main issues reflected, determine the key points, select the right breakthrough point, and seize the opportunity to obtain evidence in a timely manner for the main evidence that can prove the illegal facts. For those clues and evidence that have little relationship with the key points of the initial investigation, it is not advisable to invest too much energy, but to be targeted and make key breakthroughs. 3. Accelerate the training of a preliminary investigation team of investigators adapted to the new model. Facing the challenges brought about by the revision of the Criminal Procedure Law, it is necessary to strengthen the training of preliminary investigation capabilities in a targeted manner and create a team capable of handling cases. The preliminary examination talents need to have political quality, professional quality and ability quality. The first is to strengthen political quality. By establishing a political learning system, police officers are regularly organized to learn political theory, enhance public servant awareness, responsibility awareness and overall awareness, firmly establish the purpose of "establishing prosecutors for the public, and enforcing the law for the people", so as to achieve a firm stance, excellent style, and political qualifications. The second is to improve business quality. By organizing various professional trainings, we improve the professional qualities of police officers in using legal knowledge to judge the value of case clues, conduct qualitative analysis of cases, correctly write legal documents, and strictly carry out preliminary investigations in accordance with the law; preliminary investigations often require a lot of practical experience and must be adopted The method of sending them out and inviting them in allows for mutual exchange and learning of advanced experiences from other places’ procuratorial organs, thereby promoting the improvement of the overall preliminary investigation work. The third is to focus on building capacity and quality. The third is to build capabilities and quality. The preliminary investigation work involves knowledge in multiple fields and requires talents with multiple specialties. Anti-corruption police officers must not only have a solid legal foundation, but also master accounting, auditing, taxation, computer and other professional knowledge. According to the professional characteristics of investigators, specialized talents can be trained in a focused manner. Through various methods, we will cultivate a group of "investigators" who are politically determined, comprehensive in knowledge, good at using strategies, and familiar with various investigative skills to promote the leapfrog development of anti-corruption work under the new situation.