Research On Police Investigation Based On Classification

In modern administration, Police Investigation, as the basis way toobtain information proof for administration decision, is the prerequisiteprocedure for almost all administration procedures. Police Investigation,on one hand, support the police to make right decisions on a rule of law;on the Other hand, conflicts between police' s power and individual'srights are unavoidable and misuse of Police Investigation is easy to causebad effect and intensify certain social problems because of its speciality,the means it takes, the scope it involves. Under context of China mainlandlaws, few research on the theory of Police Investigation are made yet;disputes on the legal character of Police Investigation exist, and thereare lots of improvements needed to be done in terms of legislation. Usinga classification way, this thesis first makes a brief statement of thecommon investigation means, presents author' s own opinion on thecharacter of Police Investigation; further, this thesis classifies thePolice Investigation based on the means, supporting measures to ensurethe investigation' s effectiveness and the people to conduct theinvestigation and then respectively construes the character of, the remedies under, the principles of Police Investigation under differentcircumstances. Based on the first two parts, the author in the ending partpresents his own ways to solve the problems arising in the regulating ofPolice Investigation.There are seven parts of this thesis as follows:In the fist part, the author makes a brief statement of PoliceInvestigation, the definition of Police Investigation and thesignificance of research on it.In the second part, the author details the current major means ofPolice Investigation on their basic characters, effects and legalsources.In the third part, the author puts forward his own viewpointsregarding the concept of Police Investigation through comparing theanalyzing the viewpoints of main experts and scholars. The author regardsPolice Investigation is the complex concept with wide contents andmultiform. First, a specific Police Investigation could be administrativeorder, instant constraint, administrative enforcement, or administrativeconfirmation in terms of the administrative character of the specificPolice Investigation. Second, Police Investigation is part of theprocedure to make a decision and therefore, is the supporting activitiesof the main administrative activities conducted the relativeadministration authority.In the forth part, the author illustrates the characters of, theremedies under and the principles of a Police Investigation which fallin the scope of administrative facts, administrative orders, instantconstraint, administrative confirmation.The author in the fifth part states the measures to ensure Police Investigation effectiveness, the purposes, the parties conducting theinvestigation and the legal significance of each type of PoliceInvestigation.The author in the sixth part believes that balance should be soughtbetween individual' s freedom and the protection of public interest,between the functional operation of Police Investigation and theprotection of the individual's right. The author also states the problemsexisting in each type of Police Investigation and their resolvents.In the ending seven part, the author lays out his suggested measuresto improve the regulation of Police Investigation. First, Policeman Lawshould be revised against the specialization of police enforcement toclear the character, the contents and the specific measures.Participation from individuals should be made to ensure the efficiencyand fairness. In order to protect individual' s legitimate rights whilenot affect the efficiency of administration, the major remedy in theprocess of Police Investigation should be the performing of individual'sparticipation rights; while that after the Police Investigation shoulddepend on whether or not there is a finial administration decision.There must be lots of errors or inaccuracies because of thelimitation of the author's time and capability. The author is more thanhappy to hear any comment, criticism or correction.