Study On The Establishment Of Investigate Procedure

In a public prosecution case, investigate is an absolutely necessary procedure. It is in investigate procedure that a great deal of material activities such as crime disclosing and approving, criminal suspect finding out carry through. Right and timely disposal of a crime bases closely on investigate procedure. It is certain that investigate is the base and premise of prosecuting and right judgement and means a great deal to deal rightly with the whole criminal lawsuit activity.Firstly, the paper exoatiates on the concept of investigate, pointing out that investigate has two social functions, such as power restrictive function and power rationative function. Secondly, it gives an analysis into the present situation and disfigurerment of our country's investigate procedure from legislation and actual operation. Lastly, basing on practice, it puts forward some innovative countermeasures according to some value standard.The author makes clear his opinions that investigate should be a conjunction type of preliminary investigate and formal investigate, judicial review system should be established, special investigate measurement should be legitimated,privilege of silence should be affirmed to expand lawyer's power. And in the matter of supporting measures, the author considers that illegal evidence eliminating rules and bailment system should be established. The article offers some references to establishing investigate procedure.