法律英语学习:中国的侦查制度

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法律英语学习:中国的侦查制度

This system governs investigations and other mandatory measures taken in accordance with law by public security authorities and procuratorates in handling cases. It consists of provisions regarding the nature and mission, organizational structure, principles of activities and working procedures of investigation authorities.

Status and Nature of Public Security Authorities Public security authorities are an important part of the government. They are both an administrative arm and a judicial organ since they are in charge of criminal investigations, playing a unique role in cracking down on crimes and maintaining social security.

Criminal Police

Criminal police are a major force of the police.

1. Qualification Requirements for Investigative Officers

Article 26 of the People's Police Law provides

that investigative officers should meet the following conditions:

Citizens at least 18 years of age;

Support the Constitution of the People's Republic

of China;

In good political, professional and moral standing;

In good health;

Have at least a senior high school education;

Willing to be a policeman.

Persons who have the following records should not

be a member of the police:

Having received criminal penalty for committing a crime;

Having been dismissed from public office.

2. Promotions

Police are divided into 13 ranks in five categories:

Police Commissioner and Deputy Commissioner;

Police Superintendent Level 1, 2 and 3;

Police Inspector Level 1, 2 and 3;

Police Sergeant Level 1, 2 and 3;

Police Constable Level 1 and 2.

The Ministry of Public Security supervises the ranking and promotions of the police.

Investigations

1. Acceptance and Establishment of Cases

Public security authorities should immediately accept, inquire about, take notes of and hear cases of suspects turned in, reported or brought to the police by citizens or suspects who turn themselves in. Those that meet conditions should be accepted and filed as a case and for complicated and material cases, an investigation plan and, if necessary, necessary measures have to be taken.

2. Procedures for Criminal Investigations

For criminal cases that already been filed with

the police, investigations should be launched for a thorough and impartial collection of evidence that may determine whether the suspect is guilty or innocent and, if guilty, whether it is a felon or a misdemeanor. Depending on actual needs, various detective means and

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