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Study On Legal Regulations Over Investigation Power

Posted on:2015-12-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:C B ZhangFull Text:PDF
GTID:1226330464455658Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This article analyses the regulation of investigation power from a legal point of view. It is composed of three parts:introduction, main body and conclusion and the outline of the main body is as follows:Chapter one:A general introduction to legal regulations over investigation power.This chapter consists of two parts:analysis on the connotation and value of legal regulation over investigation power. Based on the general perspective, such as history and content, this chapter aims to identify the origin of legal regulation, and then explains the connotation of legal regulation over investigation power. It points out that this regulation mainly applies to the investigative activities and mandatory actions and then defines the boundary of legal regulations over investigation power, laying the foundation for the whole article.Chapter two:theoretical basis for legal regulations over investigation power.This chapter consists of the basic ideas and principles of legal regulations over investigation power. The basic ideas originated from three regulatory principles of "restriction of power through power", "restriction of power through procedure" and "restriction of power through rights". These principles are the guidelines for investigation power regulations and also the mainline for this article. Based on these basic guidelines, five principles for legal regulations over investigation power are drafted, which are the principle of proper legal procedure; the principle of none-mandatory actions; the principle of legally mandatory action; the principle of minimum cost; and the principle of investigation secrecy. The principle of proper legal procedure means that the practice of investigation power must comply with the law. The principle of none-mandatory actions means that investigations must keep the disturbance and inference to citizens’civil rights to the minimum. The principle of legally mandatory action means that when deemed necessary, mandatory actions may be applied after acquiring proper legal documents. The principle of minimum cost means that all investigations should keep the damage and harm to the minimum. The principle of investigation secrecy means that the privacy of parties concerned should be observed during the investigation.Chapter three:the system of legal regulation over investigation power.This chapter consists of two parts:the subject of investigation power and the connotation of investigation power. The first part analyzes the relationship between prosecutors and police officers in an investigation, proposes the integration of litigation functions and emphasizes prosecutors ’authority over police officers’ investigations. The second part defines the content and categories of investigation power and points out that the legal regulation over investigation power should be pointed to mandatory and secret investigations.Chapter four:regulatory procedure of investigation power.This chapter explores legal regulations over investigation power from a procedure perspective. The practice of investigation power includes the initiation, censorship and conclusion of the investigation. As a power entrusted by the state, investigation power possesses a nature of expansion and offense. The practice of this power has the potential of violating civil rights of citizens. Thus the practice of investigation power should always be under strict supervision and in compliance with legal regulation and procedure.Chapter five:rights restrictions to investigation power.This chapter analyses legal regulations over investigation power from the perspective of rights restrictions. Investigation power is an authority of the state and so overwhelms individual rights. During investigations, the rights of the suspects should be strengthened and the ability to defend themselves sustained. This practice will not only limit investigation power within legal boundary but also represent the legal rights of the suspects. Among these regulations to uphold civil rights and confront investigation power, suspects’rights to defend themselves and personal freedom are of utmost importance.Chapter six:current situation and improvement method of legal regulations over investigation power in China. This chapter studies current situation of legal regulations over investigation power in China; analyzes the problems and proposes several possible solutions. Regulations over investigation power are mostly achieved through internal management and prosecutorial supervision, while additional parties as courts, suspects and victims also play parts in the regulatory process. As.for subjects of investigation, internal management overweighs external monitoring. Prosecuting sections and investigation sections often pursue the same goal of acquiring suspects. Judging by current situation and characteristics of legal regulations over investigation power in China, it can be concluded that further regulatory measure should be installed in investigation process. Investigation power is an authority of the state and in a broad sense can be regulated through multiple methods. Based on a criminal perspective and the above mentioned content in Chapter three, four and five, this chapter employs the legal regulation over investigation power from foreign countries and establishes practical protocols following principles of "restriction of power through power", "restriction of power through procedure" and "restriction of power through rights". This article seeks to explore and improve the legal regulations over investigation power in China through three areas of practical legal regulation system, procedure control and restriction of investigation power.
Keywords/Search Tags:investigation power, legal regulations, the system of legal regulation, regulatory procedure, rights restrictions
PDF Full Text Request
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