Study Of The Basic Principles Of Investigation

The procedure of criminal investigation is an important section, which is related to the process of the whole criminal justice system. As the prerequisite and base of prosecution and trial, it influences not only the judgment to the criminal liability but also whether the case can be judged impartially and promptly. Whether the investigation can operate smoothly depends on the direction of the principles of criminal investigation. As spiritual guide, these principles should be reflected and implemented during the investigative activities. The theory of the principles of investigation is the basic theory of criminalistics and the application of them is also important, which should be stipulated in criminal procedural law and followed in investigative practice. In academic circles, the subject, object, procedure, method of investigation have been studied thoroughly while the principles of investigation have not been discussed systematically, which is ignored by both scholars and practitioners.This thesis is a monographic study on several issues of the principles of investigation. The author hopes it is constructive to enrich the theory of criminalistics and provide guidance to the practice of enactment of investigational law and judicature. It consists of five chapters.Chapter I: Introduction of the principles of investigation. It focuses on several basic issues of the principles of investigation from the viewpoint of philosophical jurisprudence, which consists of four sections. Section One briefly introduces the connotations, legal status and function of principle and legal principle. After analyzed principle and regulation, Section Two reviews the differences and relations between the principles of investigation and the procedural norms of investigation in aspects of operation,priority to application and particular function. In Section Three, from the relations of the principle and policy, the author analyzes the differences in legal status, function of the principles of investigation and criminal policies firstly, and secondly points out that because of the higher legal status and the wider applicative scope, the former is binding on the latter. Section Four introduced the differences and relations between the principles of investigation and those of criminal procedure, concluded that the former have independent status and unique features which consist of procedural principles and technical principles.Chapter II: The legal status and function of the principles of investigation. Section One reviews that the principles of investigation can overcome the limitations of statute law, realize individual justice and adapt' to the social development. Section Two reviews their function as rule of legislation. Section Three focuses on their function as rule of conduct, through which to restrain the abuse of the power of investigation. Section Four introduces that the principles of investigation are advantageous to eliminate the procedural deviation occurring in the whole process so as to overcome the negative affect which is generated from passive subjective or objective factors.Chapter ffl : The characteristics of Chinese legislative technique on the principles of investigation. Through analyzing the articles, regulations of the law and judicature practice, the author concludes the characteristics of legislative technique in China are non-normality, compulsion and ambiguity.Chapter IV : Key factors determining the principles of investigation. In Section One, the author discusses the purposes of criminal investigation, points out that reasonable purposes are the prerequisites to establish correct, effective principles of investigation, and the latter make different acts of investigation serve the same purposes of investigation in scope of law. In SectionTwo, the author considers it is the values of investigation, the spiritual guide, that decide and shape the principles of investigation in higher degree, so the latter should serve the former. In Section Three, compared three different types of investi...