Research On The Value Orientation Of Investigation Supervision Reformation

The investigation supervision is the important subject in the concept of investigation laws. In the modern country ruled by law, on the one hand , the investigation agencies need to exert right of investigation fully and effectively in order to punish crimes and safeguard social order; on the other hand, the right of investigation should be restricted and constrained necessarily in order to protect human rights and actualize justice. The principle of balance of power is an invariable rule. Montesquieu ever said:"all the people who have the power are prone to abuse of the power. This is changeless experience. The people of power usually use the power until encountering the limits."As one of the state powers, the investigation power also follows the object rule of power exertion. To supervise and constrain investigation power is not only the inherent requirements of the democracy supervision in modern judicial background, but also the important conditions to achieve the function of modern judicial protection of human rights. In the field of theory and practice, the macroscopic study for the investigation supervision have made some achievement, however, the research for the value orientation of investigation supervision reformation is seldom involved. The problem of value orientation is simply discussed or in the suggestion of reformation deeply, which cannot mention the formation of the theory systems. The investigation procedure is an important substantive stage in the criminal proceedings, but there are a lot of problems in the actual operation of current procedures. It has direct relationship with the China's imperfect system of investigation supervision. Due procedure and the concept of human dignity hasn't arisen enough attention in judicial practice. The extent of protecting and respecting criminal suspects and defendants is far behind the level that a modern judicial civilized country should reach. At the same time of appealing and emphasizing the reformation of investigation supervision system, we should pay attention to another relative subject that is the value of orientation for investigation supervision reformation. Any establishment of a system should be guarded by a certain value, and simply adjusting and establishing one system on the premise of unchanging value orientation cannot achieve the intention of reformation fundamentally. Therefore, we choose to research the value orientation of investigation supervision reformation, which is not only helpful to clarify the direction of reforming investigation supervision, but also provide foundation for establishing specific procedures. It has important theoretical and practical significance. To re-position the value orientation of investigation supervision reformation should change the past that focused on criminal control but neglected the human rights protection, and should incline to the aspect of human rights protection. We should not only establish a new concept of supervision for human rights protection, but also implement the idea of human rights protection on every system. At last, to make the two value orientations develop in balance and lead our reformation of investigation supervision to a breakthrough and effectiveness finally.