The Research On The Judicial Domination Of The Mandatory Investigation Act

Mandatory investigation act refers to kinds of surveys and compulsory measures which are made to collect and find evidences and save the suspects by the investigation organs. But the important and necessary existence of investigation rights can not ensure that all the investigation acts are proper. For power may be dangerous to the rights unequally, even in approaching them unleagally. Power as the conditions and backing that the state fulfills its guarantee rights obligations, may cause the state deviates from its obligations. That the idea of guarantee of human rights and the experience of innumerable judicial mistakes and wrong investigations in China and abroad shows it must be balanced between the necessity of mandatory investigations and the requirement of civil rights ensurance, and must ensure the human rights in the investigation procedure. But to protect the rights of the man who is accused from the investigation power, it can neither depend on self- resistance, nor the investigation organ to protect the civil rights. So we can use judicial powers to confine investigation powers, which is the basic ways to prevent the investigation powers from being abused, and protect freedom and rights. The form of control investigation procedure in effect currently in our country is the control within the investigation organ and the restriction of procuratorial organ, but the power-dividing organ which is possessed by judicial control does not exist, and that is the essential reason why the investigation power can not be conditioned effectively, and is abused seriously. For this reason, I propose my own suggestions about judicial powers controlling mandatory investigation act and the ralated construction of system in our country by this thesis according the experience of the countries rule by law.