Investigation Of Effectiveness Of Research, Under The Vision Of The Rule Of Law

Criminal investigation efficiency is both a historical and a realistic problem: there are countless doubtful and unsettled cases in historic files, while more than half criminal cases unsolved nowadays. When strengthening human rights, we should pay more attention about criminal investigation efficiency. In this paper, the author analyses the criminal investigation efficiency in China from different points of view in accordance with the idea of ruling by law, in order to favor the hard practice of criminal investigation.This paper is divided in eight chapters, about eighteen hundred thousand words.Chapter One reviews the concept of criminal investigation efficiency. As we know, the concept of criminal investigation almost has no different opinions, and the interpretation of efficiency in semantics is also clear. However, efficiency has different meaning in the field of law, especially of criminal investigation. By setting out some opinion about criminal investigation efficiency, the author concludes that the criminal investigation efficiency is the effect and proceeds of the process and result of criminal investigation. The criminal investigation efficiency reflects a developing relationship between the input and output of criminal investigation: the cost of criminal investigation is the fundamental resource of the input of criminal investigation while it can be divided into the economic cost and power cost; the proceeds of criminal investigation is also classified in the material proceeds and immaterial proceeds, and the objective of input the proceeds of criminal investigation is to obtain the criminal investigation benefit. Besides that, there are some other conceptions about criminal investigation, such as efficiency of criminal investigation, avail of criminal investigation, value of criminal investigation, all kinds of costs of criminal investigation, periods of criminal investigation and security of society. Criminal investigation efficiency has two structural forms: the economic benefits and social benefits. The economic benefits of criminal investigation are composed by economic costs and the economic proceeds of criminal investigation; the social efficiency of criminal investigation is made up of the power costs and the social proceeds of criminal investigation.Chapter two mainly sets forth the basic principles of criminal investigation efficiency. These principles are a serious of principles and rules for realization of criminal investigation efficiency under the direction of principles of criminal procedure law and the criminal investigation. The process and the practice of criminal investigation should comply with the basic principles of criminal investigation efficiency in order to find out the crimes, collect evidence, and catch suspects by the least costs of criminal investigation. The paper talks about four basic principles of criminal investigation efficiency. The first is to give the same attention to justice and efficiency. Pursuing justice and guaranteeing the human rights is the value objective of criminal procedure especially of criminal investigation.The second is to reasonably distribute the resources of criminal investigation. The resources of criminal investigation are rare and its distribution mainly relates to the power costs and the economic costs of criminal investigation. The distribution of the power costs should comply with principles of proportion and necessity; the distribution of economic costs may incline to basal criminal investigation agency and front-line investigation force, incline to important and frequent cases while also to basic work of criminal investigation. The third principle is to act rapidly and promptly. Acting rapidly and promptly in criminal investigation has some kinds of meanings, especially to enhance the efficiency. In order to reach this principle, we should catch hold of the opportunity, act actively and solve the case in time. When designing the procedure, we should restrict the term of criminal investigation and pay attention to the characteristics of some special cases. Meanwhile, the team of criminal investigation and the technical guarantee must be strengthened, and the punish system must be established. The forth principle is to simplify the procedure of criminal investigation. To keep the social order and to realize the harmonious society need the simple procedure of criminal investigation, that contains to prefer the voluntary criminal investigation, to examine and approve compulsive criminal investigation quickly and to simplify the procedure of criminal investigation of special cases.Chapter Three analyses the criterion of criminal investigation efficiency. The criterion should be combined the social efficiency and economic efficiency, subjective and objective, single and multiple. The paper elaborates the criterion of criminal investigation efficiency from the point of view of economics, law and sociology. From the economics, the criterion of criminal investigation efficiency is based on the fundamental theories. The criterion of cost of criminal investigation mainly relates to the relationship of cost and proceeds of criminal investigation, the input of cost of criminal investigation and the reasonability of the input; the criterion of criminal investigation efficiency concludes the relationship of cost and efficiency of criminal investigation and the quantitative analytic guideline. From the law, the criterion mainly relates to the procedure law, evidence law and the criminal investigation law. The criterion of procedure law is the justice and efficiency, the criterion of evidence law needs to examine the collection of evidence; and the criterion of criminal investigation law is the legality and validity of methods of criminal investigation. The criterion of criminal investigation efficiency from sociology is also connected with public safety, containing a series of concrete standards surrounding the social safety.Chapter four elaborates the restrictive elements of criminal investigation efficiency. There are a number of factors affecting criminal investigation efficiency but the paper mainly analyses these factors from internal side and external side. The internal factors are these relative facts and conditions that affecting the criminal investigation efficiency by agency and members of criminal investigation, mainly relating to the structure of criminal investigation, the relationship between to the prosecution and defense, the regime of criminal investigation, the organizational model and quality of subjects of criminal investigation and the practice of criminal investigation tactics. The external restrictive factors and these facts and conditions which affecting criminal investigation efficiency except the criminal investigation subjects, basically containing criminal policies, legislation of criminal investigation, the complexity of crimes and the external circumstances of criminal investigation.The fifth chapter examines the modern practice of Chinese criminal investigation efficiency. Criminal investigation efficiency reflects the essential character and basic demand, so Chinese theorists and practitioners of criminal investigation have depended much time in researching criminal investigation benefit. The theories of criminal investigation efficiency abroad divided into the dead angle theory, parallel theory and layered theory. The dead angle theory claims that there are unachievable objectives in criminal investigation; (he parallel theory claims that realization of criminal investigation efficiency need public and private power; and the layered theory claims that the realization of criminal investigation efficiency and criminal investigation objectives can not so soon. Theories of criminal investigation efficiency in China conclude the construction of criminal investigation model, orientation of criminal investigation objectives, the theory of criminal investigation epistemology, the theory of criminal investigation process, and the theory of "homicide cases must solved'. The practice of criminal investigation efficiency mainly relates to the regime and the system of criminal investigation, and the methods of solving criminal cases.Chapter Six analyses the deep end of criminal investigation efficiency which connected with the defects of legislation and judicial difficulties. The defects of legislation in China reflect in two aspects: One is that the legislation of the criminal procedure law which as a basic law for guaranteeing the human rights has been obviously lagged, while some criminal investigation methods that can enhance the criminal investigation have not been reflected. Another is that rules of criminal investigation have been interpreted outside of the meaning of that in criminal procedure law, and there are so many conflicts between those rules of criminal investigation. The judicial deep end exhibits in many aspects, and the reason in complex.The Seventh chapter examines the approaches of realization of criminal investigation efficiency. The author analyses from five aspects: the renovation of criminal investigation conceptions, the reform of criminal investigation regime, the reinforcement of criminal investigation basis, the construction of criminal investigation subjects and the design of criminal investigation tactics. In order to renovate the criminal investigation conceptions, we should establish and perfect the procedure and evidence conception of criminal investigation, the consciousness of unity and conception of overall situation, and strengthen the consciousness of criminal investigation to accelerate the change of criminal investigation methods. About the reform of criminal investigation regime, the author puts forward the principle of legality, the principle of efficiency and the principle of harmony on the example of police agency and considers that we should firmly advance the renovation of '97' criminal investigation regime, actively adjust criminal investigation agencies and continuously perfect the aggregative mode of criminal investigation that is mainly decentralization and subsidiary centralization. About the perfection of criminal investigation regime, the author assumes to establish the integrative regime of criminal investigation, the regime of exterior supervision, the regime of witness protection and management of criminal investigation staff. In order to reinforce the criminal investigation basis, the author firstly analyses the important role of it, and then put forwards to strengthen the construction of criminal technology, criminal investigation information and privy force of criminal investigation. About the construction of criminal investigation subjects, the paper examines to actively explore the new methods to enhance the investigating talent, quality education, liability and responsibility of criminal investigation subjects. About the organization and design, the paper elaborates its' vital use to enhance the criminal investigation efficiency, and we should strengthen the function and design of each step of criminal investigation.The last chapter talks the orientation of criminal investigation, which complementarily narrates how to make criminal investigation modern, technological, international and lawful. Modernization of criminal investigation is an everlasting theme of criminal investigation efficiency. The process expansion of criminal investigation methods just is the process of modernization of criminal investigation which existing some challenges and opportunities. The situation that crimes have been intelligent and complex demands to criminal investigate technologically. In future criminal investigation, the field of technical service will be more extensive, so we should pay more attention to research and application of technology, accumulation technical methods and enhancement of technical content of criminal investigation. Internationalization of criminal investigation is synchronous with the integration of politics and economy of the whole world. China has a long history of internal and intersectional cooperation of criminal investigation, so the field of future international cooperation of criminal investigation will be extensive and the approach of cooperation will be more perfect. Informationization of criminal investigation must be the inevitable choice in the future, for it is the only way to transfer to efficient criminal investigation, so we should establish the fundamental conception and accelerate the steps of informationization of criminal investigation.