Researching On The Legal Control For The Power Of Criminal Investigation

Power is a prevalent phenomenon in human society and its existence is necessary and reasonable. The power constraints abused is immeasurable. The constraints are not to deny its roles, but to control power in a rational scope in order to serve human society. This graduation paper mainly makes the legal control for the power of investigation as the research object, which draws support from the research results of relevant discipline and the regulation of the relevant laws, combined with the author's summary and consideration, has a systematic exposition to the legal control of the power of criminal investigation and puts forward to some innovative suggestions. The legal control for power of investigation is an important content to the supervision of criminal judicial personnels. They are different for the legal traditions of law and judicial systems, so power' s position in the countries of different legal systems is also the same one. Nowadays, during the criminal course of criminal investigation, the behavior of illegal investigation often takes place, in which situation, offering the essential legal control to the power of criminal investigation can help judicial personnels to strengthen the sense of responsibility, ensure the citizens to exert their legal rights criminally and maintain the accuracy as well as fairness of the criminal administration. In the western countries, they basically adopt three ways which are the administration of justice authorizing, administration of justice remeby and the principle of Exclusion for Illegal Evidence, to perform the legal control for the power of investigation.The procedure of investigation in our country is characteried by the doctrine of function and power. So, even though some restrictions about the power of criminal Investigation have been provided, some problems still exist under the circumstances of realities of the country and judicial states of China in modern period. The author has discussed and evaluated the current situations of legislation and main content of the legal control for the power of criminal Investigation, has pointed out some problems and drawbacks of the legal control of the power of criminal Investigation, and has had a review on the legal control for criminal Investigation in our country through introducing this mechanism in some foreign countries. Combined with theoretical research above in this article, the author has given some suggestions on how to reform the mechanism of the legal control for the power of criminal investigation, which are also the innovations of this article.