Study On The Principle Of Proportionality In The Procedure Of Criminal Investigation

The principle of proportionality is one of the most important principles that the public authorities must comply with .In the area of the legislation, administration, and judicature, the government should be bound by the principle in the process of achieving their goals. The principle of proportionality in public law is a way to standardize public powers, to guard government agencies to use public authorities carefully and properly. When using the methods that will invade the fundamental rights of human beings, the methods should be the least invading. And the damage and the profit should be in a state of balancing. If the damage overpasses the profit, even the goals are accomplished, it is not complying with the principle of proportionality, either.If you want to control the power, the procedure functioning must be controlled first. The functioning of power must be helpful to the accomplishment of the goal. And the goal and the method should be in a proper relationship. The function of power should pay attention to the dignity of people and the human rights. Humen should be seen as the aim but not the method. As in a democratical society, the value of methods is more important than the goal. As an exquisite tool of weighing interests of two sides, the principle of proportionality should occupy an important status in our country's criminal procedure law. But there is no clear concept about it so far in our country's criminal procedure law. In the practice of criminal investigation, the principle of proportionality is also not treated as a rule that must be applied.In the first part , the author introduces the fundamental theory of the principle of proportionality, including the concept of the principle of proportionality, three sub-principles, and their relationship, the foundation of the principle; the second part introduces the development of the principle in some countries, such as the typical countries of civil law system ,German and France, the typical countries of common law system, England and U.S.A, and Japan, at the end of this part the author gives some comment on these countries; in the third part ,the author tells some limitations of this principle, such as imperfection of the context and its development ,the dim standard of its way of measuring the profit, the trend of intervention of administration. In the fourth part of the paper, the author makes some analyzes on the procedure of the criminal investigation in our country, and tells the reason of that. He also gives some advice on the procedure of the criminal investigation of our country in the view of the principle of proportionality.