Reconstruct Of The System Of Restraint Of Investigative Power In China

In criminal procedure, the investigation phase as the first procedure of litigation is the prerequisite and basis of implementation of justice, for it is closely related to the whole process and the outcome of criminal procedure. Our country because of long-term adherence to the trial-centrism, and ignored the research of investigation right, reflected in the level of judicial practice, the Phenomena of extorting confessions by torture, illegal search, extended detention and so on the power of investigation has been repeated abuse, violations of basic human rights of criminal suspects in behavior have happen, the emergence of these phenomena as well as the spread, and its one of the reasons why our country are right and control mechanism to detect the existence of significant deficiencies. Therefore, the subject of research aimed at building a more scientific and rational power of investigation and control mechanism to prevent abuse of power, protect human rights and to ensure the healthy functioning of the criminal investigation right of the country.The study of any kind of criminal procedure system should begin first of all from the most basic of concepts; this paper first defined the concept and characteristics of the right detection, which leads to the need of the constraints on of the detection right. By analysis in the relevant theories of this mechanism, and study and analyze the relevant provisions of foreign, the current situation of our country have been introduced and pointed out the inadequacies, and finally taking into account the advanced experience of foreign and combined with China's specific national conditions and put forward a reconstruction of the mechanism of restricting the detection right in our country.