A Study On The Reform Of Criminal Investigation System In China From The View Of Justice And Efficiency

The thesis points out drawbacks of traditional criminal investigation system and identifies the value orientation, basic concepts, basic rules and institutional construction of criminal investigation system through observing and researching it in China. By referring to the reforms of other countries, the author gives a constructive overall design at the aim of putting a relatively systematic and integrated reform plan into a good order.Chapter I the Reform for Criminal Investigation System of Foreign Countries. The first part mainly compares Romano-Germanic family with Anglo-American law system and explores the mingling trend of the two systems. There are three types of representative reforms which come from western countries, eastern countries and countries in transformation. Among the Western developed countries . no matter the countries with Romano-Germanic family or the countries with Anglo-American law system have the different legal tradition and thought. But in criminal judicature organizational reform, specially in criminal investigation system reform they faced the almost same questions and they adopted some reform measures and the similar procedure system. The reason is that the two law systems which have common ideas and functions are facing the common social constitutive change in the 21st century. The constitutive change causes the western developed countries face directly the problems of justice and the efficiency in criminal judicature (criminal investigation) system. The basic institution like the criminal judicature (criminal investigation) system in the eastern countries, such as Japan where the traditional culture is confacianism. is transplanted from the western capitalist institution formed in the recent times. There exists the constructional conflicts between the western institution and Asia social countries .The western institution values the individualism and liberty. The Asia social cultures the socialism and solidarity. Even if western social system has taken root, the problems of the system still exist in the eastern countries. Therefore, the foremost problem that the eastern countries are facing is how to solve the problem "Unaccustomed to the climate" and to enables the criminal judicature (criminal investigation) fully to display its function. The reform of Russia is the basic reforming of criminal judicature system. The enlightenment that the reform for criminal investigation system of foreign countries brought to our country's is that: we need to master the reform of criminal investigation system in the world; "justice and efficiency" is the eternal subject, which has different existence form and problem in different countries and times. Solving the problems must persist in the Marxism methodology the concrete question concrete analysis method. The impacts on the criminal investigation system in china also follows as below: The national condition is the foundation of the reform, the principle is the premise, the idea is the outlet, the goal is the power, the system is the core, the measure is the strut.Chapter II the Review of Criminal Investigation System Reform. The second part recalls the brief history of Criminal Investigation System Reform and dissects drawbacks of traditional criminal investigation system. And analyzes the concrete measures of 97criminal investigation system. The thesis describes the three whole picture of representative reform of criminal investigation system, namely the public security system of the Guangxi autonomous region that lacks the economic development. Zhengzhou gold water district public security system in middle developed areas and the part of the public security system in the developed areas, to play the role of "A straw in the wind". With analyzing the present situation of Criminal Investigation System, the author explains the effects, problems and consequences of it.Chapter III the Value Orientation of Criminal Investigation System Reform. Section one gives the identification of value orientation. Section two discusses the importance of the identification. With the crime increasing and legal system modernization challenging, police are always facing new situations and problems in criminal investigation work, and the tendency of criminal investigation system reform development is decided. That is: the punishment of the crime plays as important a role as the protection of the human right, the realization of the unification between justice and efficiency. The two value goals of the criminal prosecution are justice and efficiency. Pursue unification between justice and efficiency, make them increase altogether and achieve moderate balance. The criminal investigation as the important part of the criminal judicature activity, also inevitably pursues justice and efficiency. The value orientation of criminal investigation system reform is to improve the efficiency and ensure the justice. Section three is about analyzing the fair aim, efficient aim and dialectic relationship of Criminal Investigation System Reform.Chapter IV the Basic Ideas and Principles of Criminal Investigation System Reform. Firstly the thesis points out basic idea of reform. And think it the basic idea of "the supremacy of law" and "people foremost" that criminal investigation system reform in China. It also involves the principles of investigation system reformation in china: the principle of phase-in, the principle of system, the principle of localization, the principle of planning as whole principle, the principle of following criminal investigation rule and its characteristic principle, the principle of being proceeded to enhance the overall potency of police related to criminality.Chapter V the System Construction of Criminal Investigation System. Section one all kinds of mechanism should be accordingly established, including setting up and regularizing the cooperation mechanism, the responsibility mechanism, and so on. Section two reforms the criminal investigation procedure, including strengthening the rights of the defend and the defendant, constructing reasonably takes into custody the system, establishing the detection judicature examination mechanism, strengthening the secret investigation measures in legislation. Section three Criminal investigation system should be specialized, professionalized and informationized. Section four Criminal investigation system should be built on the science and technology, including enhancing the ability and the level as well as the efficiency, plus the related management system. Section five the related basic work has to be strengthened, including the resource information construction related to criminality, the formation of criminal investigation secret forces, the situational control and coordination with criminal activities.