Crimes Investigation Questioning The Legal System

The two purposes of criminal proceeding should be taking both punishing criminal and protecting human rights into consideration. By now, the Chinese laws regarding inquiry and investigation proceeding still have defects in these two purposes. Especially in respect of duty-related criminal cases, now there is no valid existing law covering secret investigation measures such as recording or monitoring by specific devices, or entrapment. Since there so few laws, investigator can only put more weight on affidavit. On the other hand, existing laws forbid some necessary investigation skills and treat those skills as same as torture, which has a negative influence on the effective of inquiry skills. In practice, since the defects of legislation, interrogator can only try some illegal measures even torture to get enough evidence from suspects. It's not good for the law to be respected by all the people. Inquiry, as a legal measure for getting evidence, is unarguably justified during investigation according to Chinese law. The confessional statement of suspects is also legal evidences under Chinese law. So, the legal system of duty-related cases, especially inquiry proceeding, should be improved emergently.The discussion of this thesis is based on my working experiences as a prosecutor in investigation department. The legal issues regarding inquiry and confessional statement are stemmed from real cases. The first part, the discussion started from the conflicts between the two purposes of the investigation of duty-related cases. The author then elaborated the meaning and how important the inquiry proceeding in duty-related cases. The second part, discussed the gap between existing regulations and practical experiences in respect of inquiry in duty-related cases. Besides that, this part tries to find out the situation of some existing illegal measures of inquiry. The relationship between principal of legality and principal of efficiency is also discussed in this part. After that, whether some inquiry skills should be justified by the future legislation is discussed. The third part, the author wrote down the defects of the existing legal system of inquiry proceeding based on former parts, and then gave some solutions for those issues from the perspective of punishing crime and protecting human rights.The significant features of this thesis are listed as follow: 1. Focus on the problem that wildly concerned by prosecution department and public. 2. This paper maybe limited by author's working experiences and put most of the weight on pointing out defects of the law system of investigation. As many scholars have already discussed the human rights issue, this paper will not discuss this part too much. 3. Connect the practical experience with the theories; don't sidestep the problem of illegal measures during investigation in duty-related cases.