The Transformation Of Investigation Mode

Ivestigative mode is a basis theory of pretrial procedure. It is also a hot point investigated in criminal procedure these years. From 2005, mass media exposed Nieshu-wu case in Hebei Province,XuJing-xiang case in Henan Province,Shexiang-lin case in Hubei Province and Lihua-wei case in Liaoning Province, the public question our investigative mode and investigative subject. More and more fars-ighted personage begin to realize that our investigative mode and investigative system become a pressing matter of the moment.Because of the influsence of traditional culture and the restriction of people's quality and engineering level,at present our investigative mode is "from confession to evidence"on the whole . In many situations,the main fact of civil cases begin after offenders are arrested. To a great extent, the total proceeding centres on oral confession. Oral confession is heart of the matter running through the whole proceeding.The judiciary practice has already proved for many years that this investigative mode has many drawbacks.Firstly, it is at variance with safeguarding human rights;Secondly, it is the main cause of unjust cases;Thirdly,it is the main cause of doubtful cases because offenders ofen overthrow their confession during trial stage;Lastly,it in not good for improveing the level of criminal investigation.To change this unfavourable situation,we must change our investigative mode and structure "from evidence to confession"investigative mode which centres on material evidence. The investigative mode of "from evidence to confession" is good for settling the problem of criminal investigation and will promote the entire judiciary reform. This article analyses our investigative mode and the causes conscientiously on the foundation of investigative mode theory.It will also introduce investigative mode of constitutionality advanced countries and has successful experiences of others to go by so as to structure our investigative mode.This article will expound from several aspects:First, define the two investigative modes theoretically.By expounding the origin, notion,development stage of the two investigative modes,we can lay a theoretical foundation for the article.Second, analyse the current situation of our investigative mode. Analyse the current legislation situation and the current judiciary situation from which we can find the heart matter. Analyse the couses of the problem in order to clarify the orientation of the struggle.Third, analyse the necessary of changing our investigative mode.Analyse the disadvantages of our investigative mode on the foundation of the second part to expounding the necessary of changing our investigative mode.Four, the way to deal with this situation..Restructure our investigative mode on the question of our investigative mode and on the foundation of the investigative mode of constitutionality advanced countries.I hope it will solve the problem in our criminal investigation feasibly.