On The Reconstruction Of Investigation Measures System Of Criminal Procedure Law In China

The meaning of investigate measures is that which is used by special organs in law to deal with in the process of criminal cases. The purpose of investigate measures include:collection proof, finding out the fact, finding criminal suspects. The investigative organization who uses of these measures to carry out special investigation work and related compulsory measures according to the law. The meaning of investigation measures institution includes these facts:Various investigation measures, basic principles about investigation measures and regulations. If we have a clearly definition of investigation measures institution, we can find out the legislation defect of it to rebuild a modern institution of investigation measures in China.There are many problems about Chinese existing investigation measures institution.For example, there are many relevant content scattered among a number of laws and regulations and these contents is not in any systematic manner. Law of Criminal Procedure、People’s Police La、National Security Act and some other relevant laws including judicatory explanation.These problems are related to the legislation system in China. There are no basic principles of the institution to specify its value direction, and it leads to that more and more investigators ignore the importance of basic principles. These investigators will abuse of criminal coercive measures.Many mature theory and practice are not be included in the fundamental law.Because the law provision is misty and lack of maneuverability, the investigators is likely to abuse of investigation authority. So to speak, in criminal litigation, especial in using the investigation measures are likely to be abused to infringe civil rights. If these questions do not perform to be improved and saluted, our citizens are losing trust in our country’s investigation organ. It is bad for the Criminal Law operation and judicial reform in China.We can’t solve the problems in the regulations of investigation measures institution so far. So we should rebuild it. Including the following aspects:We can improve the legislation system about our investigation measures institution. The system of basic principles of criminal procedure law should be build and these principles will guide the work of the investigative practice.We should also revise the regulations of our country’s investigation measures.Investigation measures institution development can become what it is today, there still have many old thinking. Many new ideas aren’t absorbed in our Criminal Procedure Law. National judicial reform is in progress in our country, we should get the chance of it. Based on the prescription of current Chinese Criminal Procedure Law, and using the advanced experiences of other countries for reference. Refactoring investigation measures institution, we can get a better law.