On China's Public Security Investigation System Defects And Perfect

Form gradually on the basis of the long-term investigating practices, Chinese investigation system is different from not only the systems of English and American but also the ones of Continental nations. With the development of politics and economy, the present system of our country shows the insufficiency and flaws, especially in the process of the judicial reforms and keeping up with the international advanced judicial ideas and institutions. It has the only Chinese characteristics. So we should learn the investigation system from the aspects of theory and practice. Based on the present domestic situations and the theories of investigation, this article presented the ideas and plans to reform and consummate Chinese investigation system.Although the merits that are suitable to Chinese present investigation system has many flaws, for example, insufficient protection to suspects, inadequate surveillance to the investigating powers, the conflicts between the trial and the investigation procedure, the deprival of the right of suspects to state voluntarily, the violation of the ideas of proving and the inadequacy of the elimination of illegal evidence. Therefore, it is necessary to reform and consummate our present investigation system.Along with the economic development, the promotion of the reform of politics and judicial system, also and in the process of keeping up with the advanced judicial institutions and ideas, people have already learned the idea of human fights protection. The substantive law ale and the procedural law paid equal attention. The justice has become the purpose that legislation and enforcement pursue. The investigation procedure must be reformed and consummated right now, which is the important part of the criminal procedure, for the social basis and the public opinion of reform have already formed.The purpose that reform pursues ale how to protect human rights and disclose crimes under the limited judicial resources and get judicial fairness. The consummation and the reform of investigation system could be got by perfecting legislation, especially the criminal procedural law. We should award suspects the right of keeping silence, construct the institution of judicial review to precautionary measures, enlarge the rights of lawyers in the pretrial procedure and complete the rule of elimination of illegal evidence, which regulate the investigation and keep it under law.Inevitably, paying attention to pursuit process and protect human fights will increase the procedural costs and decrease the efficiency of attacking crimes. Although regulating the investigation will weaken the abilities, it is the cost of legalizing investigation. Public security should perfect the matching mechanisms, except the legislative consummation, like strengthening the construction of basic information of public security organs, strengthening the standardized construction of public security organs and constructing the social protective controlling system.Only if we have owned the legalized viewpoints and have established entire reasonable mechanisms, the results of reform could be carried out in practice and the reforms of public security investigation call carry on smoothly.