Research On Judicial Review In Investigation Procedure

The judicial review system has been well established in modern countries under the rule of law, and it is an important feature of the rule of law. The judicial review system in the investigation procedure means that the neutral judicial organization reviews the investigative actions to restrict the investigative power, and to safeguard the citizen legal rights. Throughout Western countries, it is a common phenomenon to establish the judicial review system in investigation procedure. Since china is lack of the idea of judicial review long time, some system designs in current law are seriously departing from the review. Thus, it has led to the serious structure drawbacks of the currency criminal proceeding mechanism while the western countries almost establish pretrial judicial review system. The deficiencies of the system leading to the abuse of power, and the suspect's rights are not guaranteed. This article discussed the introduction of the judicial review system,and it was combined with theoretical study and the concrete practice in China. The article is divided into five sections.Partâ… , Through the study of the concept and the evolution of the judicial review system, we know that the judicial review system reflects the separation of powers in countries.thus, through the analysis of the nature of the investigation, introduced the basis to bring in the judicial review system in investigation procedures.Partâ…¡, Introduced the thoretical basis of the judicial review system in investigation procedure. Including the concept of the rule of law, the separation of powers and superior judicial power, procedural Justice, the three-trial prosecution and the defense structure, the protection of human rights, And so on..Partâ…¢, Study the judicial review system of the major countries (Britain, the United States, France, Germany and Japan),and summed up the common characteristics of the their judicial review system, desire to give us some inspiration in China's rule of law.Partâ…£, Discusses the existing state of affairs of investigation of rights in China,From the points that the investigation of the right is run out of control, suspects are not guaranteed the right ,to noted the need for us to establish the judicial review system.Partâ…¤, Introduced the reform of the judicial review system in China.It is the most important part of this article.First of all, analysis the safeguard to establish the judicial review system.Including two parts: One is the independence of the judiciary ,which is the Security system,the other is final decision of Justice,which is concept security. Second, from a macro and micro aspects of the judicial review of the introduction of the system are described. From the macro perspective, we should take full account of the full situation,which is the lifeline to settle the judicial review system. Secondly, we should adhere to conbine the partial improvement with reform of the system,which is the step of the reform. At the micro sense, introduced the subject of judicial review, the scope and manner.