Investigative Procedures In The Judicial Review Mechanism

The judicial review system in the investigation procedure means that the neutral judicial organization reviews the investigative actions to restrict the investigative power, and to safeguard the citizen legal rights. In the modern capitalist country, its foundation includes the theories of the limited government, dividing power to keep in balance, the judicial independence, the procedure justice and safeguarding the human rights. Today, many countries have established the system, and more countries have promoted the system to the constitution status. It is an international trend and a universal international standard of the criminal procedure to establish the judicial review system in the investigation procedure. In our country, the courts or the judges can't supervise the investigation procedure. Different from the judicial review in western countries, in our country, supervising investigation action has two ways: the inner review by investigation organization itself and the external examination by the supervision. This article has discussed if it is necessary, if it is feasible and how to construct the system by the means of value judging, diagnosis analysis and rational speculation. This article regards that to construct the judicial review system, we must be based on the reality and focuses the future, and we should renew our cultural idea and construct the concrete system.