Font Size: a A A

The Value Of Investigation

Posted on:2007-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y S SongFull Text:PDF
GTID:2166360185454252Subject:Litigation
Abstract/Summary:PDF Full Text Request
What does the value mean is the matters many subjects should be respond to, and then there is no exception related to investigation. Because the establishment of the investigation value have set up the foundation of the purpose,the principle and the conduct of the investigation, and how to be respond to the issues and the quality of the answer have directly determined the proper establishment of the other systems,the recognition and respect of the basic rights, and the realization of the criminal policies of state.Among the value of investigation, freedom and order play a very critical role and is on the pyramid of the investigation value system, however, no system can achieve the two goals simultaneously. Due to the difference of inherent regulation and deficiency and the limits of the sources to achieve the value, in the course of realization of the two goals, there is inevitably conflict occurred between them. We firmly believe that the pair of contradiction penetrate the whole course of the criminal procedure, whether we can master the pair of contradiction and accordingly make a proper balance are of critical importance to the investigation procedure and eventually determine the realization of justice of criminal procedure or not.In addition, justice and efficiency are another pair of goal of value in the second level. Justice is the spirit of the criminal procedure and deemed to be the core value of it. At the same time, we should not neglect the importance of the efficiency of the investigation, as Richard A .Posner said; justice has another name of efficiency in law. Pursuing of justice and efficiency is the ultimate purpose of the reform of criminal system of our country. As the part of the criminal system, there is no doubt that we take it for granted that the goal of the investigation is to achieve justice and efficiency. To promote efficiency and ensure justice are the goals of investigation.However, the first pair of value of investigation or the second one can be abstract and obscure for the reason of its nature, consequently, it is difficult for us to discover or feel them. While in the third level of investigation value which includes value of percentage,science,participation and relative openness, it is more easier to master them, meanwhile, the value mentioned above can be relatively embodied in the investigation.Investigation is the basis and foundation of the whole criminal procedure, and the value of investigation is the safeguard which guarantee whether the procedure can function well. At the same time, investigation also involves many illegal problems which includes detainment at delay,obtainment of affidavit by violence,and illegal secret investigation .we have no doubt to say that investigation is the frontier of fight of the right of citizen and power of state, the proper establishment of value of investigation can and should play a very important role in rectifying the unnecessary evilness and eliminating the air of injustice.For the sake of this, this master paper mainly concern about the nature and relations of the value of investigation at the beginning of the study of value of criminal procedure and investigation and gives its answer.
Keywords/Search Tags:freedom and order, justice and efficiency, value of percentage, science
PDF Full Text Request
Related items