Pondering Ethically Over Protection Of Human Rights In The Procedure Of Investigation

The objective discussed in this essay is a concrete legal question that is procedure of criminal investigation. Procedure of criminal investigation is processes of sequences and steps and procedures which investigator should abide by in the procedure of criminal investigation in order to collect criminal witness and to find out criminal fact. There are some questions that should be clarified and explained in order to ponder ethically over and censor in value the concrete legal question.1. This essay will not discuss the relation between law and ethic abstractly. The objective of this essay is not to construct a theoretical system of legal-ethics but to discuss how to actualize the ethical value in the judicatory procedure. Any concrete judicatory procedures are composed of relative laws. So this essay will involve in many concrete legal questions in order to illuminate something, and will inevitably use and annotate many juridical terms and conceptsthat is ,will use juridical terms to discuss some questions, thus it will weaken the ethical ingredient of the essay.2. The objective discussed in this essay is ethical consideration about human rights in the procedure of criminal investigation, so it will inevitably involve in the questions of justness and rationality of ethical consideration on legal questions. Thats to say why to ponder over legal questions? And is it necessary to discuss questions like this? And what is its rationality and objective? As matter of a fact we should forwardly considerate like this especially when we ponder ethically over numerous questions in theoretic research today. It is factual that we will easily be thrown stones by theory of natural law when we ponder ethically over legal questions. If we want to ponder ethically over law, there must be a presupposition that ethics is superior over law in value. It isnt to say that tropism of value between law and ethics is antinomy. But there are grades in value what law and ethics are chosen, and what chosen by lawis the lowest ethics. That is to say, what emphasized by law are things, as it ought to be, about human existence. It is every one ought to do and can do. On the other hand, what emphasized by ethics are ideal values. So there are ethical animadverts and thoughts that is usually against law all the while.The natural law has been conflicting with the positive law for ages, but they both have been learning the reasonable elements from the adversary. So the making and enforcement of laws today must cover things as it is and as it ought to be, that is to say, laws must reflect thereality-namely, laws should be clear, definite and enforceable, and atthe same time, laws must always embody impartiality and justice. By doing so, laws can gain its internal motive power to make themselves perfect and trend towards absorbing the ethical value.The view in this thesis that laws must ethically introspect doesn't mean replacing laws with ethics. Reasonable tension between affection and reason, ideal and reality must exist in laws themselves. So ethical introspection of laws is to perfect laws.3.This thesis probes into human rights problems in the procedure of investigation and the ethical standpoint we stick to. In the process of human civilization, ethics and morals have developed different pedigrees, as Engels said, the ideas of evil and good changed so drastically from one era to another, and from one nation to another that sometimes they were in conflict with each other. Although there exist pedigrees in ethics and morals, and the ideas of good and evil are always changing, we can't deny the common value that human beings share. In any specific era of history, people with different experience can describe what ethics is or put it in a carrier differently, but morality is still subordinated to the supreme ideal of good. That is to say, 'morality serves the supreme ideal of good and to some extent depends on it. The supreme good is the thing that human beings pursue. It has absolute value, which differs from nation to nation...