The Study Of Criminal Investigation Tectonic Under The Vision Of Justice And Efficiency

Traditionally, as to the study on the whole criminal litigation procedure, academia of China always focuses on the process of trial, however, pay less attention to the pre-trial procedure, especially investigation procedure, moreover, the progress of legalization of China is initiated comparatively late, therefore, compared with other more matured study on litigation process, theatrical study on investigation is comparatively week. From certain respect, investigation is the very beginning of a complete litigation procedure as well as the foundation of the whole criminal litigation activities. Block of the legalization progress as to the process of investigation is sure to be the bottleneck which will influence the legalization progress of the whole criminal litigation procedure.This paper has four parts and will discuss the investigation structure systemically.Part I is as to the general questions about investigation structure. Firstly, define the concept, investigation structure. Using Marxism dialectical theory, this paper summaries and analyses the concept raised by scholars previously, then the concept of investigation structure comes out. Secondly, upon the relationship between investigation purpose and investigation structure, the systemic classification of investigation is made to further recognize investigation structure."Take copper as mirror, one can rectify dress; draw lessons from history, one can know dynasties changed."Upon on study on domestic and foreign historical development of investigation structure, historical experience can be learned and received and it can leads to the prosperity of modern investigation structure.Part II is as to the study on basic components of investigation structure. Investigation structure is a systematic system; therefore, systematic analysis and study over its components are necessary. Firstly, study over the basic components of internal structure, mainly focus on the study over the respective status and impact of the Prosecuting Party, Defending Party and Judging Party as well as the dialectical relation thereof; secondly, analyze investigation external structure from macroscopic view, mainly focus on the dialectical relation between investigation and prosecution as well as the dialectical relation between investigation and trial.Part III is as to the comment on modern investigation structure of China. Effected by traditional judicial views and incomplete relevant legal systems, investigation structure of China conflicts with the requirement of modern legalized society. Prosecuting Party is opponent to Defending Party, and they do not enjoy the equal treatment, power of investigation is too strong and almost without limitation, Defending Party is too week to confront against Prosecuting Party de facto, moreover, when Defending Party's right is infringed, there is lack of effect rescue methods, in another word, investigation action in China is lack of justiciability required by legalized society. From the view of the external investigation structure, dividing investigation and prosecution on purpose leads to low efficiency of criminal investigation, however, investigation and trial are not blocked appropriately, therefore, strong investigation power depresses the week judicial right, and the freaky investigation structure,"investigation decides trial"occurs.Part IV is as to the consideration of investigation structure with Chinese characters. This part focuses on investigation efficiency with justice as the precondition. As the beginning of this part, the question whether impartial third part shall be introduced into internal investigation structure is discussed. Specific circumstance of China decides that it is impossible and unnecessary to introduce impartial third part into investigation structure of China. Serious disease shall be cured with powerful medicine, with the purpose of conquering the weakness of current investigation structure, investigation power shall be weaken and the system of investigation leaded by prosecution shall be established firstly; secondly, clarify the border between investigation and prosecution, ensure trial as the center; finally, with the purpose of protecting the rights of criminal suspect, the system of using bail as common measure and detaining as exception shall be established. Of course, investigation structure is a complex system. Only using several measures can not make the reformation of investigation structure, a comprehensive project, to be perfect.