The Research Of Criminal Investigation On The Base Of Modernization Theory

With the development of China's legal system, the theoretical research about criminal investigation are continually advancing with the times. Most research scholars have made are concentrated in the reform of investigation procedure , because it is not only the basis for the whole criminal procedure system, but also forefront between state power and civil rights. However, faced with some illegal conduct of our investigation , such as inquisition by torture and some other violations, a simple reform of the investigative procedure, apparently little will be achieved. Can be seen, even in the already high level of legal modernization in the United States, in the Guantanamo prison abuse scandal, the U.S. president has also repeatedly mentioned in the interrogation of terror suspects when the use of "another set of procedures." I do not doubt the role of investigative procedures, but rather that, as investigative procedures constituted the smallest factor,the detection behavior, we should break through the institutional level areas for the study, after all investigative procedures are outside development model, while the detection of behavior to develop more is within model, and it should be put more space to study. The modernization theory for the detection of behavior study provides the scene.In this paper, to study modern horizon detection behavior, from the traditional and the modern nature of localization and Western-oriented perspective of the development of modern behavior on the detection of the positive impact of modern investigative behavior should have the new features. This article is about 30000 characters, divided into two parts:The first chapter ,the concept of modernization and detection of acts of profound reading. First, the analysis of the "modern" concept, the development of a modern time frame set vertical; and then discusses what is modern, listed on the "modernization" of the different definitions, and analysis of modern features. Then, the different disciplines on the behavior of the definition of acts of this paper to determine the range of subjects.The second chapter analyzed the definition of acts of investigation and study of the detection of acts of property, a clear detection of behavior is a relief act, power behavior, and awareness of legal behavior.The third chapter , The main analytical section of traditional litigation mode detection behavior characteristics. First , in the early social development which in the impeachment- style litigation, the detection of behavior out of the objective of privatization and the extreme character. Then, in the feudal society, the criminal model is given inquisitorial, and of public power, extreme subjective and objective-oriented, as well as simple actions have become the characteristics of this period of time to investigate.The forth chapter focuses on the detection of behavior from the traditional to the modern transformation of the new features arising in the course. First, the investigation of acts of technology-driven. Technology is one of the most important results of modernization, while the Western countries, the investigation behavior and technology integration is produced by a number of reasons, compared to today's China, the investigative and technical discrete in serious condition, the reasons for its formation is also a multi-faceted; detection behavior of humanity, "people's modernization is an essential element of national modernization," investigation in the conduct of people, including the detection and investigation of behavior of actors in the relative people, for their humane care is to detect trends of the modern. Standardization of the detection behavior, this paper discusses the detection of the first acts of the rule of law, as well as China's legal modernization of investigative behavior. The investigation is the detection of acts of the organization and regularization of the problem in the standardization of the proper meaning, then this behavior on the detection of Standardization and discretion to analyze the relationship. Detection behavior specialization, specialization is the development of modern society, the inevitable result of mass production, this trend extends to conduct field investigations on the performance of the professional division of labor for the detection and investigation of organized behavior of the crime different specialization. Behavior of the mode of supervision of the diversity of detection, a single detection behavior of the mode of supervision is clearly unable to meet the needs of protection of human rights, the modern way, including the supervision of the judicial supervision, inspection and supervision, and social supervision.