On Power Of Investigation And Its Apply

According to the stipulation of our country's living legislation, the apply of the power of investigation is designed to be a kind of administrative power, with which the investigative organization investigate the criminal suspects. The power of the investigative organization is much more great, while the power of being prosecuted party is much weaker. The court has no right to take part in and control the investigative procedure, in order that the phenomenon of invading the human rights can be easily seen in the investigative practice. The criminal suspects even the social citizens wish to be justice and fair with a state of mind that is having no way out towards the abusing of power of investigation. Exacting a confession by torture, extended custody, artistry detent and arrestment, illegal rummage, attachment and distress, beat, maltreating criminal suspects, sluggishing and refusing carrying out the duty all of which are the concrete reflect of abusing the power of investigation. Actually, on the respect of investigative procedure international scholars and domestic scholars have already lead some effective research, especially on the essence of the power of investigation of course, there are some good words on ruling the power of investigation. However, the academic circles could not emphasize on ruling the power of investigation from micro-cosmic sight, especially, there's little operatative suggestion on combination of international and domestic criminal procedure system. This article tries to do some discussion of the feature of the power of investigation from the angle of demonstration, also, the article emphasizes on the subjects, the pros and cons, and how to control the power of investigation in order to probe the countermeasure of it.