Research On Legality Of The Private Criminal Investigation

As an obtain evidence activity that ordinary person used them spontaneously tofind out all kinds of the real situation of criminal cases and criminal suspects, privatecriminal investigation has always been an effective means for person to protect theirlegitimate rights and interests and crack down and control the crimes historically. Butcompare to the long history of this phenomenon, the systematic and comprehensivetheory and practice about the private criminal investigation legalization is a virginarea few people heeded it in our country now. At first studying the concept of privatecriminal investigation itself from the view of semantic logical, then analyzing the basicattributes, categories and comparing the investigation from the view such as empiricaland comparative step by step. Its basic attributes is including non-public power ofinvestigation subjects, non-force of main investigation methods and private help of theinvestigation direct aim. At the aspect of main category, we can divide it into three categories,including private criminal investigation of private detectives, secret private criminal investigationof lawyers and private criminal investigation of the others private subjects. By comparing theinvestigation, we can find both of them have the similar, but have the obvious differences too.The reasons of private criminal investigation needs legalization have deeply sources attwo aspects: concrete basis and theoretical basis. On the concrete basis aspect, it isbasic necessary for the political state and civil society diverges and parallel develops, thebasic need for the balance for enlarge criminal procedure right of litigant and the action ofinvestigation power, the basic meanings of basic human rights protection in criminal procedure.On the theoretical basis aspect, it adapts the needs of private help theory and the adversarysystem from law science theory scope, and obtain deeply politics basis from the view of popularsovereignty theory.The related law construction of private criminal investigation is generally too brief and evennonexistent in our present country, but practical operation is developing fast. They bring manyserious problems. Firstly, a large number of private criminal investigations lack of the legal basis,secondly, private criminal investigations become investigations, thirdly, the investigations becomeprivate criminal investigations. In order to achieve private criminal investigation legalization inour country, we must design it’s achieve aim and plan. From this plan, enforce the lawconstruction at two aspects: macroscopic and microcosmic. At the macroscopic ascept, we shouldemphasize to write the private help into the constitution. At the microcosmic aspect, we shouldestablish the special legislation for private criminal investigation. The special legislation including five aspects: the basic guiding principle of private criminal investigation, the subjects and applyscope, the main investigation methods, the supervise and remedy procedure, the exclusionary ruleof illegally private criminal investigation obtained evidence. In addition, in order to ensureachieve legalization construction indeed, we design the supporting measure too. It includs threeaspects: judicial, law-abiding and others supporting measures. On judicial aspect, we shouldrequire to establish special judicial review organ in the court and clear the specific legal liability ofillegal private criminal investigation. On law-abiding aspect, we should advocate establish acorrect idea of private help in law, promote construct healthy criminal procedure culture andenhance the legal identity of general audience. On the others supporting measures aspect, weshould stress to design the multidimensional supervision and restraint system among the wholesociety, establish special regulatory mechanism for the industry of private criminal investigationand strengthen the moral education and self moral constraint.