Study On Criminal Investigation Structure

Structure is interrelationship about organization and operations among inner parts, which manifests each compositional factor's operational tendency and formal static state organically unifies. Structure includes two aspects of the contents : On the one hand isthe specific essential factor structure------any structure is composed by the specificessential factor;On the other hand displays for various essential factor's status and mutually relations, and various essential factors mutual relations is their arrangement and combination . Lawsuit structure research is paid more attention in our country's tradition, which mainly discuss the tripartite status and mutually relationship about the complains, the defense and the judge, but the research confronting the criminal investigation procedure is less.The criminal investigtion structure theory is the scientific system which study on the criminal investigtion procedure between each main body status and mutually relationship. Through analysising the outline of criminal investigation structure, the basic theory, the shape and so on , this article proved main body and the movement system of the criminal investigtion structure, and carried on reconsiderations and new construction beneficially to our country criminal investigtion structure.This article is divided six chapters, approximately 230,000 characters, the main content includes:Chapter One is outline of criminal investigtion structure. First of all, this chapter embarks from basic concept of the structure, then studies proposes the origin and the correlation concept comparison as the research objection. After that, it reviews and analysis the present situation about Chinese and foreign lawsuit structure research. Through the understanding of lawsuit structure research's category, it draws out the concept of criminal investigtion structure, as well as the of significance criminal investigtion structure research. Finally, it proves the independent research value and the category of criminal investigtion structure from the development of lawsuit structuretheory, independence on criminal investigtion goal and practice of some national legislation.Chapter Two is basic theory of criminal investigtion structure. Firstly, from the goal and the criminal investigtion goal, this chapter proves the nature of criminal investigtion goal and the influence of criminal investigtion goal to criminal investigation structure. The authority needs to restrict, and jurisdiction is the best authority to restrict the criminal investigation power. Restriction to the authority is to safeguard the right in criminal investigation procedure. In criminal investigation structure, equality between criminal investigation part and defense part cannot be requestted and balance is realized. From the history inspection of various countries' system, criminal investigation procedure is not opened, which is not mean to the denial to inform to the crime suspect's right and the procedural participation.Chapter Three is the shape of criminal investigtion structure. This chapter proves that Order, Human right and Efficiency has decisive influence to criminal investigation structure. Based on the inspection from the history and the discussion to the contemporary western nation criminal investigation structure, it explain the basic shape to criminal investigation structure. Finally, it proposed the ideal shape of criminal investigation structure: the third party must be having in criminal investigation structure;triangle criminal investigation structure differs to the traditional lawsuit triangle structure;criminal investigation structure must be the structure containing streamline and triangle.Chapter Four is main body of criminal investigtion structure. This chapter briefly introduces the historical evolution of main body of criminal investigation, and carries on the essential discrimination to main body of criminal investigation, main body of criminal investigation power and main body of criminal investigation structure, then proposed the basic category of main body of criminal investigation. In the outline foundation, it separately proves and explains main body of criminal investigation power, main body of counselling right and main body of jurisdiction.Chapter Five is movement system of criminal investigtion structure. This chapter mainly discusses the police organ's relations with prosecution organ as well as the police organization system in the criminal investigational organization system. It discusses the dispute about criminal investigation power, the essential nature of criminal investigation power as well as the basic category of criminal investigation power. In the part of choice, it involved wilfully investigation and investigation with forces, the secret investigation and the technology investigation as well as taking into the using of custodymeasure. Finally, it discusses that the suspect must enjoy the right to know and participate in procedure, the right of silence and the right to bail, the right to investigate to get the evidence and to give relief to in the defense right.Chapter Six is reconsiderations and new construction of criminal investigtion structure in China. The theory of criminal investigation structure must finally serve for the practice, and this chapter manifests this thought as the foot spot as the full text. Firsttly, reconsider is carried on criminal investigtion structure in our country : short of neutral judicial third party, not formming the basic resistance, too stresses on the efficiency and the rate of solving a criminal case, criminal investigtion power surmounting law stipulation . So criminal investigtion structure in our country must locate on: paying attention to the order and the harmony in the criminal investigaion goal, showing solicitude for our national condition and the public sentiment, persistting the streamline and the triangle in the realization foundation . We must reasonably dispose the power and the right, rational choose the jurisdiction, strengthen the procedure stricts to criminal investigation power, reasonable establish the right to counsel and defense . In earring on the concrete system of criminal investigation structure in our country, the following system must be needed: Recording and Video Recording system in the significant case, the main body separation system in custody, the rule to exclude illegal oral evidence and sanction mechanism to illegal procedure.