Researching On Our Nation's Restriction System For Power Of Criminal Investigation And Consummation

Criminal investigation power punish for the crime as the public authority of our state, which affect the individual's life greatly. In China, apparently important role of the right to be a stress, and even formed an "investigation centralism" of the situation, and the right of alienation or abuse found everywhere, which make not only the lack of effective crime control, but also civil rights are not guaranteed, and even hinder the country's rule of law. Therefore, it is necessary to study the control mechanism of Criminal Investigation. And it is difficult and complicated as a systematic project to control criminal investigation power, because it was affected by long-term rational thinking formed in our country that select effectual means to carry its point and ignore value judgment.Under the current system, it is reasonable choice to select the operational stronger and more feasible way of criminal investigation to restrict the right currently. Firstly, define control mechanism of the Criminal Investigation and describe theory from the due process protection of human rights theory, and rational behavior theory of constraints on the theoretical basis of the criminal investigation. And then use empirical analysis to compare the foreign status of the criminal investigation and restraining mechanism, based on an empirical study to analyze the power control mechanism of Criminal Investigation's profile, and the right to restrict our investigation to the defects were analyzed. Finally, based on our present situation, put forward own humble opinion on Restriction Mechanism of Criminal Investigation. In order to build a comprehensive China currently feasible power control mechanism, it is essential to combine substantive justice with procedural justice as basic principle, and improve the internal process control mechanism criminal investigation and accountability mechanism, and external criminal investigation by prosecutors the right to control, protection of rights mechanisms and procedural sanctions mechanism.