Research On The Act Of Investigation

As the basic stage of criminal procedure, the procedural design of investigation has significant effect on ensuring investigative organs' balancing between executing power of investigation and safeguarding citizens' basic human rights, and on realizing the aim of "punishing criminal and safeguarding human rights". During the procedure of investigation, the investigative organs execute the power of investigation chiefly by carrying out the act of investigation. To some extent, act of investigation is the core of investigative procedure. It is the investigative organs' major means to implement procedural functions such as collecting criminal evidence, exposing and proving crimes and track down criminal suspects. The irrationality of legislation on the act of investigation will lead to the irrationality of the structure of investigation. The defects of the act of investigation and collecting criminal evidence by investigative organs will affect the process of criminal proceedings. In practice, occasions when investigative organs misuse the power of investigation and encroach on the legal interests of the criminal suspects and other interested people often arise when the organs are implementing acts of investigation, for example, extorting a confession by torture in interrogating the suspects, or taking evidence by violence in inquire the witnesses. Countries throughout of the world have made necessary regulation and restricts on the investigations' implementing the act of investigation. China's current legislation on the act of investigation has flaws such as rough provisions, unripe techniques, imperfect structure, and current laws of China entrust investigative organs strong power of investigation which has not been necessarily, reasonably and effectively restricted. As a result, investigative organs are at random in implementing the act of investigation and constantly encroach on the legal interests of the criminal suspects and other interested people. The procedure of investigation has become the most dangerous stage to criminal suspects. Other people's good quality or suggestion whereby one can remedy one's own defects. Compared with the strong power of investigation held by theinvestigative organs, the citizens1 rights are too weak. Facing this unbalanced situation, it is desirable to draw on the reasonable experiences of other legal states and to study and improve China's legislation on the act of investigation, so as to strengthen the protection on citizen's basic human rights as well as ensure investigative organs' implementing the act of investigation. This will doubtlessly promote the reform on China's the procedure of investigation.In the dissertation, the author, form the view of comparative research, gives an introduction to provisions of law, practice and theories on act of investigation in some typical legal countries, and comments on the counterparts in China. Based on this introduction, the author discusses related issues concerning the legislation and practice on the act of investigation, and points out the way to reform by draw outlines on the experiences of other countries so as to improve the act of investigation in China. This dissertation includes 200,000 words in five chapters.Chapter One IntroductionThis part is mainly about some basic issues such as the connotations, chsiracteristics, categories, and subjects of the act of investigation. The study of theories usually starts from the concept of the object studied. The author illustrates the three basic concepts as investigation, power of investigation, act of investigation and explains their interrelationship. Act of investigation is the act executed during the process of investigation, and power of investigation is a kind of power and function manifested by investigation. Only legal subjects entrusted with the power of investigation can implement the act of investigation. Act of investigation is the external manifestation of investigative organs' executing the power of investigation. Only when the concepts of inv...