On The Improving Of National Criminal Lawsuit Spy Proceeding

The revisement of criminal law is pop topic in the near future as well as the key point of the ore tics investigate . The scholars of different views on how to establish national criminal proceeding. At present, there are three or four editions of Amendment Drafts which have already been published as the monograph or printed on the newspaper .And the material investigation and discuss for the criminal lawsuit proceeding are without number Based on the reading these monograph and articles, and in the light of the experiences of dealing with the police spy law for many years , the author studied on the problem of perfecting the spy proceeding of criminal lawsuit totally in three chapters.Chapter1. The status and function for the spy proceeding in the criminal law have been discussed. The key role of spy proceeding in the criminal law have been discussed based on the idea lf spy proceeding lines. As a lawsuit be haviomr , the spy proceeding has the social functions of power restriction ,power justness , crime prevention and protecting people's benefits. Mean while ,it has the lawsuit functions of collecting and saving the proofs ,tracking down the criminal suspects ,preparation for public prose cut ion and adjudgement and the cases'distributary.Chepter2. To discuss the existent disfigurement for the proceeding design in national. The spy proceeding of national criminal lawsuit still is one kind of system that is with strong authorityism.It displays as the spy proceeding design has some disfigurement in the spy mode ,the spy proceeding ,the guarantee of crime suspicioner's right and the system of spy supervising and restriction. Owing to the disfigurement, it cause the spy department abusing spy rights in the spying and phenomenon of impinge party occur occasionally .Chapter3. Offer imagination and argumentation for the perfect of national criminal law suit spy proceeding. To perfect the national criminal law suit spy proceeding need follow the rule of human rights ensurence the rule of power restriction and the use for reference of international human rights law and international criminal judicial rules. To perfect the spy supervising system and increase judicial accredit and judicial review based on the detail system designs; strengthening the indemnificatory rights for crime suspicioner andparadete ;Increasing the obligation for spy department ;establishing the scientific logical strong measure system; rebuilding the startup of criminal spy proceeding and canceling system ;achieving the separation of arrest and before interrogation detain ; Establishing the principle of excluding illegal evidence that suitable for nation; carrying out the legal principle of obliging spy to achieve the legal rule used by technic spy means.