Investigates In The Process In Our Country To Establish The Silencepower The Exploration

This article has introduced our country criminal activity detectionpower concept, the present situation and the existence question, thesilence power concept and its the origin, the development tendency,the silence power in China's present situation, has made an analysisand the ponder from the silence power to the criminal detection powerinfluence, how attempts to obtain us to be supposed to choose suitsour country national condition the silence power system, obtains thedetection power and the human rights protection balance.The full text altogether divides three parts: The first part mainlyrevolved the criminal detection power to carry on the elaboration.Pointed out our country investigates with the detection power concept.And has carried on the analysis elaboration to the present situation,simultaneously had pointed out under our country present law systemthe criminal detection power exists the question, the achievement "thecivil rights", the detection power in the process which will exerciseinevitably with "the private power" has the conflict, the key lies into the human rights protection insufficiency, in the nowadays China,how safeguards the human rights, will be extremely realistic and theurgent question. From this derives the second part: Introduces theadvanced legal system -----silence power system.In the second part, the author elaborated with emphasis the silencepower concept and the origin, it already obtained public's approvalunder the west legal framework, in criminal detection to human rightsprotection extremely major function. In this foundation proposed ourcountry introduces the silence power system the reason. The detectionprocedure must reform, can adapt the time development, but willintroduce the silence power system will be very good solution. Afterelaboration introduction reason pointed out first has in our countryunder the legal system carries out the comprehensive silence powersystem existence unreasonable place. The author thought China should study the western nation in the legalsystem reform process the merit and the experience, but we cannotblindly according to. When we abandon these obsolete judicial and lawenforcement idea time, also must avoid from an extreme moving towardsother extreme. According to country and so on the England to silencesthe procedure which the power system in reconsidering and the practiceunceasingly improves, proposed should practice the limited silencepower system in our country and perform to elaborate. We should pursue the law enforcement the civilization and judicialfair, also should take in the criminal judicature activity to protectthe crime suspect, the accused person and even the court decisionguilty criminal's lawful right, but cannot therefore had forgotten thecriminal judicature system basic duty is attacks the crime andprotects the people. Afterwards in the supposition limited silencepower in under our country implementation premise, inquired into it tothe criminal detection power influence, and aims at the criminaldetection power to be reasonable, the effective implementationproposes own view.Finally conclusion: Confirmed in the Chinese present stageintroduction silence power mechanism and with the law that, affects ishuge, the significance is profound. This is not a simple viewpointquestion, but is a complex systems engineering, needs unceasingly toexplore, the research, the standard, forms more systematic, theconsummation, is thorough and suits our country national condition thescience legal system.