Investigation The Right Theory

This dissertation consists of introduction and sis chapters.The thesis of this dissertation is: criminal investigation power is a coercive state power, the power of investigating criminal case facts. The abstract criminal investigation power can be illustrated as legal or illegal, virtual or evil, but it can only demonstrate its righteousness, moral and legal virtues, and social function through dialectic history, that is, its origin, existence and the application. The social and historical nature of criminal investigation power is mainly determined by the social and historical development process, not by law science and legal system. Since the moral and legal virtue of force and coerciveness can not be defined by themselves, the forceful and coercive criminal investigation power do not necessarily work against the moral and legal norms, however, it depends on positive social function, jurisprudence basis, system apparatus and application status.Introduction contains the research motives and range, research approaches and intention, the thesis and gratitude to the contributors. This dissertation focuses on Chinese criminal investigation power, the overseas ones are employed only when necessary. This dissertation analyses the formations nature and function of criminal investigation through extensive backgrounds and multiple perspectives, not through the traditional perspective of criminal investigation or criminal procedure. The aim is to make written laws authentic and practical, secret power public, power exercise systemizing, in the end to eliminate nonrestraint investigation power and establish sufficient but restraint, normative but efficient modern investigation power and investigation mode. Investigation power should keep the balance between punishing crimes and protecting personal rights, and realizes the democratization and scientification and humanitarianism of the investigation power within the range of constitutional politics and criminal law system.The first chapter is composed of the basic principles of power, the present research of criminal investigation power, the definition of criminal investigation power, the formation and evolution of criminal investigation power. This chapter points out that power is mainly a social phenomenon, and the nature of state power is its state violence. State power should be bund to the ethic norms, its implement should be merciful not ruthless or cruel. Finished research of criminal investigation power in China has made achievements in the following three aspects: from partial case studies to integrated studies, from concrete research to comprehensive research, the significant transformation of perspectives and approaches. But we can see there is still a long way for us to go, for example, the category of criminal investigation power should be furtherly investigated, the perspective and approaches can still be bettered up. This chapter puts forward 8 twined concepts to define criminal investigation power: formation and development, bearer and relation, coercive and non-coercive, just and unjust, educative and punishing, security and freedom, order and disorder, viewy and potential. This chapter still introduces the origin and evolution process, and sums up the main phases of the development of criminal investigation power.The second chapter is on the basis of criminal investigation power theory, such as theoretical illustration, the value, intention and function of criminal investigation power, thepower of criminal investigation deeds, the transformation of the suspects and defendants from objects to subjects.This chapter defines criminal investigation power as the state power of investigating crime facts, belongs to the state power of criminal punishment. The police and prosecutors have gradually become the main body of criminal investigation power along its evolution. Although criminal power has the nature of violence and coerciveness, to some extent, violent and coercive measures can and should be segregated from the main body and criminal investigati...