Study Of The Investigation Procedure Structure

The investigation procedure structure is an important part of the criminal proceeding structure. It indicate the legal positions of the prosecuting,defending and adjudicating parties and the relationship among them. The investigation procedure structure determined by the proceeding purpose,the three separate parties of prosecurator,defendant and dajudicator constitute the subjectsof the investigation procedure structure. The investigation procedure structure mainly refers to the former relationship in the spy phase of criminal litigation. The theories of the investigation procedure structure has three types:inquisitorial model,accusatorial model and proceeding model.But,they converging.The Chinese investigation procedure structure has its short. With the development of china judiciary reform, perfection of investigation procedure structure have become the critical factor regarding to the success of the judiciary reform. Based on the actuality of china, the author consider that we should construct chinese-characteristic constitution of spy procedure according to the common principle and using the useful foreign experience for reference.There are four chapter in this paper.Chapter 1 addresses on the basic theory of investigation procedure structure. After the expatiate on the conception of investigation procedure structure, the paper discuss the target and the relationship of all restrict factors. Then the three type of investigation procedure structure are set forth and analysed in this paper.Chapter 2 analyses the characteristic and development of legal system of Britain, America and China, that is, summarizing the same character of them, this paper bring forward the development rule of investigation procedure structure (according to the shape of litigation).Chaper 3 indicate the two deficiency: the lack of balance on accusation, justification, the limitation of justice interposition. The reason of the tow deficiency are discussed further in this chapter.Chapter 4 put forward the direction ideology and frondose measure. The author discusses the topic in there aspect, to normalize the spy act of spy department, to strengthen the protection of suspect, to construct the mechanism giving priority to inquisitional department. The paper put forward the idea that the constitution of investigation procedure structure of duty criminal is a special one, differing from any other one.