Police Investigating Activities Of The Legitimacy Of A Number Of Legal Issues Research

The goal of value of the rule of law is to ensure that the exertion of power is justice. The support of the concept is the proceedings, further; the balance between prosecution and defence is an important principle in the operation of the procedures. From the 1979 Criminal Procedure Law to the 1996 one, the fundamental spirit of the principle of the balance of prosecution and defence has evolved from nothing to being and from weakness to strongness. With the further reform of the market economy, the concept of fair and justice has been more and more recognized and pursued by the social public, by the time, it permeates other aspects of social life gradually. The criminal judicial field has been influenced by the concept. During the investigation phase which is the foundation stage of the criminal proceeding, because of the non-publicity and coerciveness, the public security bureau is entitled to the important investigation power, however, it will easily infringe power, so the justice in the proceeding of the criminal investigation attracts more and more attention of the social public. From the"hide-and-seek"events to rehabilitating Zhao Zuo Hai's grievance, people have known the justice of the criminal investigation which is an important part during the criminal proceeding; its justice attracts theorist and judicial practices'attention.Public security bureau of our country has the responsibility of suing criminals, keeping the society in order. From the goal of controlling crime efficiently to ensure the absolute advantage of the investigation power, and to guarantee the criminal investigation to operate without obstacle, the public security bureau are entitled by the Criminal Procedure Law of our country to special criminal investigation with little limitation and the related coercive measures. This makes the coerciveness of the criminal investigation obvious. During the criminal investigation, the being investigated is weak in front of the investigation power. The strong position of the public security bureau in objective orientation makes infringing power a susceptibility problem. In fact, our country has noticed the disadvantage of the force which may occur, and has regulated the activity in every aspect to achieve the objective of controlling criminal and protecting human rights, and to maximize the proceeding value. So, how to ensure the criminal investigation performed properly will become one of the important researches in the new period. I will discuss the justice of the criminal investigation on the basis of theory, system protection and mechanism constructionThis article has four chapter: chapter one talks about the general principles of the justice in the criminal investigation, it concludes three parts: one is to illustrated the connotation and extension of the criminal investigation; the second is to analyze the justice of the criminal proceeding; the third is to evaluate the justice, the intrinsic value which it should have in the criminal investigation. Chapter two is to analyze several status and causes in the current criminal investigation from different aspects which conclude put on record improperly, misconduct of several detection behaviors, and improper execution of time limit of custody. Chapter three is to think the justice of criminal investigation from the perspective of legal theory. At first, I want to talk about the justice on the basis of theory in the criminal investigation. One is the theory of lawsuit justice; the second is the theory of power should be supervised; the third is the theory of the balance between prosecution and defence; the fourth is the theory of protecting human rights. Next, I want to talk about the principle of justice in the criminal investigation in the practice. One is the principle of the rule of law in the criminal investigation; the second is the principle of accepting supervision; the third is proper proportion principle. Chapter four is to talk about the thinking of improving the justice of criminal investigation. One is to establish the strict concept of detection according to the law; the second is to perfect the rules of detection; the third is to advocate the concept of respecting the rights and effects of litigant; the fourth is to establish the mechanism of detection supervised; the fifth is to create standard and reasonable evaluation mechanism.