| Criminal action aims to solve the conflict of the interest between the state and its citizens, which epitomizes the relationship of clash and balance between the citizens' right and state power, to fight crime and to protect human rights are not always compatible. In a sense, law is also wandering from justice to efficiency. There's sole judgment about its merit without literally answering right or wrong, because whatever choice about its value is, is right. The different attitude taken by different countries, together with the relevant designs about their legal system are based on their own belief of litigation and their various political and cultural background, thus ,are merely the deeper and wider thought about the human right and state powering criminal litigation.Though there's great difference of litigation mode in the two law systems, even in different countries in tne same law systems., there does exist some common sense, that's to say, in response to the compulsive punishment taken by the investigation organ in the investigation activities, universally there's judicial censorship joined by the neutral third party- the court, to restrain the state power and to protect the weak side -the citizens' personal right, freedom and property, such related items gained their independent value beyond the limitation of different legal procedure and system.Traditionally, China is a country which attaches great importance to obligation rather than right ,moreover, such a mode of ruling family and countryisomorphiclytheir oppresses the growth of sense of right. Consequently, criminal action was designed an unidirectivity for the authority to prosecute crime ,for the public security organs to cooperate and in turn to accomplish the mission of punishing crime and keeping social order. Litigation in such a "current production" manner, the state power congenitally was endowed with rationality and superiority, the inspection organs apply all kinds of inquisition methods which can satisfy their need and hold the inspection power almost without bound, under such system, we can hardly hear the moaning of those criminal suspect or the defendant who has been unfairly treated. Usually we just see lots of terrible scene as the false custody or arrest, exact a confession by torture and detain prior to formal lawsuit. To large extent, the suspect and the defendant are sentenced just in the inspection period, while a trial is only the legal procedure to make up for it.To construct legal society requires us centered on trial and the paramountacy of judicial power, such a belief pushes or even forces people to emphasize the investigation period which is apt to the abusive use of power and to care more about common people and to consider more about the defect of the legal system. In this thesis, the author first discuss some elementary problems of the inspection power: distinguish the jurisdiction power from the executive power and point out the inspection power in essence is one kind of executive power, thus there should be proper control over the exertion of the inspection power and a judicial censor mechanism is also needed based on the principle of jurisdiction verdict.then ,there's some introduction about the practice of judicial control over inspection power in western countries. At last, after analyzing the current situation and the existing problems of the use of the inspection power in China, we discuss some basic principles and design some concrete systems for the judicial control over investigation power, thus that we stress establishing such a mechanism is to keep with the time and also a pressing task to construct a legal society. |
