A Study Of The Character Of The Right Of Investigation

There are three chapters in this thesis.The first chapter is to give a review of the concept of the right of investigation and other relevant concepts. After a review of the concept and characters of investigation, it defines the concept of the right of investigation in Chinese criminal proceedings. It also reviewed the subject of the right of investigation both in China and abroad. The main point of this chapter is to deal with the value of the right of investigation in criminal proceedings and to point out the significance of the right of investigation to justice, public order and the protection of human rights in the enforcement of law.The second chapter gives a comprehensive review of the characters of the right of investigation. It first examines the three theories of the right of investigation, namely the theory of administrative right, the theory of judicial power and the theory, which defines the right of investigation essentially as an administrative right but characteristically as a judicial power. Secondly, it briefly reviews the characters of the right of investigation in different legal systems. En the end, it analyzes the essence as an administrative right and the character as a judicial power of the right of investigation in China and its Chinese linguistic context.The third chapter is to give some sugges tions of the arrangement of the right of investigation in Chinese legal sys,tem. It reviews the modes, backgrounds and reforms in different modes of investigation. Secondly, it iinalyses the falsities to regard the right of investigation only as the administrative right or totally put it under judicial censor as the western countries do. In the end, it gives a suggestion of the systematic arrangement right of investigation in Chinese legal system, which is to arrange it properly according to its essence as an administrative right and its character as a judicial power.