On The Establishment Of China's Judicial Examination System In Detection Procedure

Our country Law of Criminal Procedure 82nd stipulation that, "The detection is refers to the public security organ, the People's Procurator ate in handles in the case process, carries on the specially investigation work and the related compulsory measure according to the law." The detection procedure took the criminal prosecution the important constituent, its consummation or not relates directly to the entire criminal prosecution advancement. Although our country new Law of Criminal Procedure in the trial way, controlled debates equal, judge's aspect and so on neutrality had the obvious progress, but investigated the stage the ultra authority principle characteristic not to obtain the corresponding change regrettably, the detection institution has still monopolized the detection procedure, its detection power exercised very little receives the restriction. Thus caused in the practice to investigate the phenomenon which the power abused to be extremely serious. Therefore, how constructs one kind to be for the purpose of restraining investigates the organization authority the judicial examination system, guarantees these to be in the citizen which investigates the status is had some most basic defense power, becomes the modern detection system the main topic. This article plans through the inspection judicature examination connotation, the origin and its the rationale, compared with the foreign main country detection procedure judicial examination system, unifies our country to investigate the procedure the present situation, investigates the procedure to our country the judicial examination system to make the conception.First, the connotation and theory basis of judicial examination system of...