Operation Of The Power Of Investigation-From The Perspective Of The Procedure Justice

This article, from the perspective of the procedure justice, discusses and demonstrates the present situation of the operation of the power of investigation in china, and then analyzes the reasons that prevent the power of investigation to operate justly. Finally, puts forward some suggestions about the macroscopical construction of the just operation of the power of investigation in china. Adopting the method of natural law and analytical jurisprudence to discuss it, the full text is divided into four chapters totally.Chapter 1: History, Connotation and Philosophy Foundation of the Procedure Justice. In this chapter, the writer generalizes the history, connotation and philosophy foundation of the procedure justice slightly and considers the procedure justice, in the development process, appeared three theories: Natural Justice, Due Process and the Theory of the Lowest Limit Standard of the Procedure Justice. Its philosophy foundation also developed from Natural Law, Morals Philosophy to the contemporary theory of Dignity Values.Chapter 2: Analysis of the Power of Investigation Violating the Procedure Justice in China. In this chapter, the writer analyzes in detail that the operation of the power of investigation violates the procedure justice in china. There are three demonstrations: A: The power of investigation possessing the judicial power disobeys the principle of the procedure justice that a judge can not hold the post in oneself case; B: The procuratorial power possessing the power of judicature surveillance breaks the doctrine of the autonomy of the procedure. C: The power of investigation requiring the cooperation of the jurisdiction violates the procedure justice, shakes the neutral position of the court, intensifies the inequality in both parties concerned, and violates the principle of the procedure justice that a judge should heard equally.Chapter 3: Reasons that Prevent the Power of Investigation to Operate Justly. There are three reasons: A: Administrationization of Judicial Function; B: Over-expanding of the Jurisdiction and the Judicial Organs; C: Misunderstanding of the Essence of the Criminal Procedure Instance.Chapter 4: Macroscopical Construction of the Just Operation of the Power of Investigation in China. This is the end of the text. The writer considers that theprocedure of investigation wants to accord with the principle of the procedure justice should satisfy three requests: A: is to insure the center position of jurisdiction, build up an independent and neutral court; B: is that the prosecutor should be a concerned party; C: is to enhance the position of the suspect and accused.