On The Investigation Procedure Of The Rational Structure Remoulding

Vestigates The detection procedure is in our country criminal prosecution the outset stage and the foundation procedure, is also the criminal prosecution process is easiest to encroach upon the rights of citizens the lawsuit stage. How reasonable standard and active control detection power, namely the guarantee detection procedure realizes own function and the function fully, also the effective safeguards rights of citizens do not receive the detection power not, when exercises infringement, realizes the penalty crime and assurance of human rights organic balanced becomes the common difficult problem which in the modern country under the rule of law criminal prosecution process faces, is also various countries criminal prosecution legislation and judicature's unremitting pursue , simultaneously is also the criminal prosecution fundamental research important issue.The detection structure, is forms based on the different criminal prosecution structure, decides by certain detection goal, exercises main body in criminal detection procedure legal status which and reciprocity sues differently. First, the detection structure is forms based on the different lawsuit structure , decides by certain detection goal; Next, the detection structure's main body is investigates in the procedure to exercise the complaint, the defense, the referee function tripartite lawsuit main body ; Finally, the detection structure's content is investigates in the procedure to complain, the defense, referee's tripartite legal status and the reciprocity. Based on the procedure just theory, the human rights safeguard theory, the detection efficiency theory as well as discusses scientific, the rationalization theory request, the detection procedure should have the rationalization structure, can play its role fully.This article through is not only different to the different legal system country detection structure's comparison knowing different legal system's national detection structure, moreover the identical legal system's different national detection structure is not same. Generally speaking, the mainland legal system country's detection structure more and more to the UK-US law stem for stem, the UK-US legal system country's detection structure also unceasingly is profiting from the continental method the beneficial experience, two big legal system's detection procedures have the tendency which is gradually close, fuses unceasingly. Various countries' detection structure followed the detection to separate, the right procedure and the judicature generally with the referee function adjudicates finally and so on principles, was examining the police to relate, to control debates the relations, to control examines the relations and so on many aspects to present some something in common: First, police become the main detection strength, its detection evidence collection's authority expands unceasingly, but aims at the concrete suspect and witness's person forces the behavior to receive the strict limit. Next, the official detection organization has the objective and fair investigation case legal obligations, the public prosecutor has the varying degree surveillance, the direction or the instruction power to police's detection. Once more, to investigates the compulsion punishment to implement the legal principle and the judicature makes the shape principle, and takes the control detection power by the jurisdiction the final backing. Finally, suspect's silence power and attorney help the power to obtain confirmed generally that its personal dignity receives legislative and judicature's unanimous respect and theprotection.Our country investigates the procedure structure existence the flaw is: Compulsion detection power's exertion , the administration color is too thick, the detection organization jurisdiction's non-restriction, the sequenced color is ligh lacks the lawsuit procedure construction. In this paper, thearticle expected that through to investigates the procedure structure the primary meaning to carry on the thorough discussion, simultaneously, in the structure to our country the flaw to carry on the resonsideration, then proposed that remoulds our country with the rationalization way to investigate the structure the tentative plan: Investigates in the procedure to our country the precautionary measure establishment judicial review machine, establishes the scientific rationalization the precautionary measure system, cancels the punishment to sue law 93rd, entrusts with the accused person not to force from the card its crime's right, the establishment to detect, to detain system of the separation, establishes the recording video recording system comprehensively.