The Diversification And Integration Of The Procedural Value Of Detection

The dissertation mainly discusses the value and structure of criminal detection, in order to reform the ongoing procedure of detection on the fundament of "the systematical value theory", to escape the conflicts and invalid of specific law systems and to make the procedure reform fruitful. It presents the detail opinions: to emphasis on the across—the—board reasonable knowledge and civilization of detection structure according to the right orientation of multivalent system and to embody the systematical efficiency of investigation procedure by the carrier of integrated and harmony regulation design. Chapter one: Diversification and integration of procedural value of detection. Beginning with the occurrence of modern value theory and principles of Marxist value theory, this chapter covers the phenomenon of diversification of value in the domain law, especially justice, order, human rights, trying to solve the conflict of values in the process of realizing diversification. Author claims that reconcilement is better than pure sacrifice and that combination of good result value and process value is better choice to integrate the diverse value of detection procedure. Chapter two: different form of detection structure and the sources of the different. At first, author introduces the character of three foreign theoretical detection structure, including detection by inquisition, detection by judicial proceeding and then analyzes corresponding character of such two different kinds of detection forms in civil law countries and common law countries. At last, author concludes the difference of two kinds of detection structure as the difference awareness between "control of criminal" and "due process". Chapter three: Analysis on the deficit of investigation structure in china and its reasonable reconstruction. At first, author introduce Chinese character of detection structure, following mentions the deficit of our defection structure, containing the misplacing of procedure setting, disorderly relation between procedural subjects and unbalance of relation between complaint and defense. The three part offers the proposal to reconstruct our country defection structure by supplementing the delayed subjects and ordering the function of each subject, followed by detailed contents: to enable the detection judge to control the judicial process, to put the relations between the prosecution and process in good as to co undertake the function of detection, to make the criminal suspect enjoy the position of procedural subject and the rights to self—defend along with his defense attorney.