On The Regulation And Control Of Compulsory Criminal Investigation

This paper is written during the period that The Criminal Procedural Law of the P.R.C is being re-amended. On the one hand, I am hoping to provide certain new thoughts for the re-amendment of the law. On the other hand, I am hoping to solve the tough problems in Compulsory Criminal Investigation.The paper is composed of five sections:To start with, the article analyzes the basic concepts concerning on Criminal Investigation and Compulsory Criminal Investigation, pointing that the danger of Compulsory Criminal Investigation is that the public security organs can investigate an innocent man compulsorily and harm his rights and interests and investigation power is virtually one of administrative powers.Then, it deals with the concept of Regulation and Control of Compulsory Criminal Investigation. Regulation is to formulate the concrete rules and conditions of Compulsory Criminal Investigation. Control is to check and balance the power of Compulsory Criminal Investigation. In addition, it covers the importance of the Regulation and Control of Compulsory Criminal Investigation.To follow with, it analyzes the situations of the regulations and provisions concerning Compulsory Criminal Investigation in China and put forward the thoughts of Regulation of Compulsory Criminal Investigation.Next, it discusses how to control the Compulsory Criminal Investigation from the aspect of checking the power with power. With reference to the experiences of Judicial Review in western countries, it advises to create a system of Judicial Review of Compulsory Criminal Investigation.In the end, it discusses how to control the Compulsory Criminal Investigation from the aspect of checking the power with right. It advises to entitle more defensive rights to the criminal suspect or defendant and their defender(s).