Study On Establishment Of The Judicial Examining System In The Criminal Investigation Procedure

The reform of the criminal investigation procedure is a hotpot in the theory circleon the criminal justice . The writer holds the view that there are two aspects dealingwith such reform .One is the change of theory, and the other is the reform of thesystem .This thesis mainly concerns the reform of the system in the investigationprocedure ,namely the reform of the investigation structure . It can be divided to fivechapters and includes about 37,000 characters. The first chapter mainly makes evaluations about the current investigationprocedure in our country based on the basic theory of the investigation structure .Fromthis we can see the shortage of our structure and the need to innovation .Theinvestigation structure is a very important category in the research of the investigationprocedure . It means the legal position and relation between bodies who have differentexertion depended by the object of investigation. It can be divide into two maincategories as the impeachment structure and examining structure .which is used bydifferent countries .The article explains the essential of the difference between these twostructures and the concrete content of the difference .Based on these basic theory ,the 3writer holds that the current investigation structure of our country belongs to theexamining structure and the shortage of it lies on the lack of power restriction systemand the protection of the suspicion . The second chapter of this article mainly concerns the judicial examining system inforeign countries .One object of this chapter is to prove that the establishment of thejudicial examining system is the common trend of the development of the investigationsystem in every countries and also should be the right direction and approach of reformin our country .The second object of this chapter is to provide a frame of reference forthe concrete transplant of the judicial examining system from foreign countries to ourcountry which will be discussed in the fourth part of this thesis. The third chapter of the article mainly discusses the theoretical basis which cansupport the judicial examining system. They are the theory of the protection of thehuman right, innocence understanding principle, the power restriction theory andprocedure justice principle ,thus justifying the rationality of the judicial examiningsystem. The fourth chapter of the article mainly concerns the need and feasibility of theestablishment of the judicial examining system in the criminal investigation procedurein our country from the practice view. When discussing the need ,the writer chose fiveaspects to fully show the special significance of the judicial examining system to ourcountry .They are the status quo of our criminal investigation , the need to establish theprotection system of the suspicion the insufficiency of the self-discipline of theinvestigation department,the localization of the supervision of the procurator and theneed the satisfy the international obligation . when discussion the feasibility, the writerholds the view that the establishment of the new system in our country should followthe new way of combining the mainland resource and foreign rewarding 4experience ,then analyze the current system and theory bases of the judicial examiningsystem in our country . Based on the actual situation of our country, the thesis carriesout the filtration of the content of the judicial examining system in foreign country inorder to hold the beneficial part of the system and abandon the part which can notaccommodate the criminal judicial practice and legal civilization custom in our country,setting the foundation of the five part of the article. The fifth chapter of is a part of the most novelty in this thesis and it mainly makesthe meticulous devise of the establishment of the judicial examining system and triesbest to make t...