The Study Of The Reformation In Chinese Investigation Procedure

Due to the weakness of the system of the human rights guarantee and in order to meet the demand of democratization and scientifielization, Chinese investigation procedure can't wait to be reformed as other institutions. As a developing county ,if china expects to absorb the spirit of foreign institution in investigation procedure and to have home institution orientated accurately, it should have good knowledge of foreign institution .For a long time ,some scholars consider that Chinese investigation model should be classified as the inquisitorial model and that its malpractice is attributed to the drawbacks of the model ,and that the reform of the Chinese investigation procedure should learn from adversary model . The misunderstanding leads to not only the denial of the advantage of the inquisitorial model during the course of the reform but the awkward position of the reform. In fact ,there are essential differences between the inquisitorial model, which establish the judicial examination as well as the perfect system of advocacy , and Chinese investigation model ,which is super-authorial model with interrogative characteristic, both in values and institution. Moreover , the inquisitorial model has balanced values, controversially, the aim of human rights guarantee is covered, to some extent ,by the goal of the criminal control in Chinese investigation model ,in which the suspects can not depend on the proceedings to resist the aggression of the power .Therefore, I think that the reformation of Chinese investigation procedureshould absorb the inquisitorial model as well as the adversary model to make Chinese investigation procedure legitimate...