On The Subject Of Investigation

Investigating subjects influence criminal procedure, such as making a thorough investigation of legal cases facts, the efficiency of collecting evidences and so on. Investigating subjects influence the purposes of punishing crimes and safeguarding human rights in criminal procedure ultimately. Therefore, studying investigating subjects is meaningful both theoretically and practically. In current judicial system, drawbacks in setting up investigating subjects have restricted the pursuance of efficiency, human rights, and justice in procedure of investigation. Considering the facts mentioned above, redistributing investigating subjects and adjusting the relationships among them are becoming necessary. Consequently, investigating subjects are concerned in this article in order to benefit the legislation and judicial practice.There are three chapters and about forty-five thousand words in this thesis. In the preface, by means of explaining the intension of "subjects", the author maintains that investigating subjects are utmost important in procedure of investigation. At the same time, considering the current judicial environments and problems in distributing investigating subjects, the author holds that the study of investigating subjects is especially valuable.The first chapter is the introduction of this thesis. In a narrow sense and in a broad sense, the range of investigating subjects is different. According to the different understanding of investigating subjects, the author analyzes the extension of investigating subjects and gives a definition of investigating subjects. According to the definition of investigating subjects, the author summarizes characteristics of investigating subjects. At the same time, In the light of the nature of investigating power, the author agrees that investigating powers belong to administrative power and investigating power are included by power of prosecution. Furthermore, the author maintains that the value of criminal procedures influences the investigating subjects deeply.The second chapter introduces and analyzes the investigating subjects in two legal systems in the angle of comparative law. First of all, the author gives briefintroductions of the investigating subjects in two legal systems. Afterwards, the author summarizes the characteristics of investigating subjects in three aspects. The first one is the scope of the investigating subjects; the second one is the relationship between different investigating subjects; the third one is the exercise of power of investigating subjects. After the analysis, the author also expounds reasons that cause the differences, and compares the advantages and disadvantages between two legal systems.The third chapter expounds the present situation of investigating subjects in our country and reconstructs the investigating subjects. First of all, the author introduces investigating subjects in three aspects. The first one is the scope of the investigating subjects; the second one is the relationship between different investigating subjects; the third one is the exercise of power of investigating subjects. After introduction, the author evaluates the flaws in these aspects. Considering the flaws in our judicial situation, the author suggests using the experiences of other countries for references and reconstructing our investigating subjects. There are five sections in this chapter. The first one is the prerequisite of reconstructing investigating subjects. The second one is reconstructing investigating subjects. The third one is reconstructing investigating powers. The forth one is the restricting of the procedure with which investigating subjects are complied when exercising their powers. Finally, the author also suggests adopting advanced techniques, updating equipments and improving the competence of investigators to form a complete set.