The Reflection Of China's Criminal Investigation Procedures And Perfect

The judicial reform initiated in 1980s is mainly criminal judicial reform which focuses on trial procedure. However, criminial investigation procedure as an important criminal judicial system still carries the characteristics of authoritarianism, even supre- authoritarianism. The guiding concept of "preferring power to right" and "preferring punishment to protection" is in conflict with the ongoing criminial judicial reform, and consequently hinders the coordinated operation of criminial procedure. Therefore, the improvement of the current criminial investigation procedure comes to be the top priority of criminal judicial reform.Form the view of contents and nature, this proposes that investigation procedure is both administrative and judicial by making a comparison between criminal investigation and prosecution and trial procedures. After reflecting the current-situation of investigation procedure in its nature, analyzing and making a deep research on the approach and means of how to get rid of its disadvantages , this paper puts forward some advices on improving criminial investigation procedure, the main disadvantages of Chinese criminial investigation procedure lies in the lack of judicially, in particular, the serious lack of the rule of law. Case of such probiem can be found in "investigation without law" which leads to the extension of investigation body; little or no regulation in law on secret and technical investigation. Futhermore, the integration of the rights of investigation and supervision is in procuratorial organ, and becouse of supervision in afterwards, the supervising over police criminial investgation have little role ,and the People's court have no power to supervise over supervision investgation , these makes it impossible for the supervision over investigation. Futhermore , prosecution and defends are not the same situation. The defendant have little rights and the defend have a little rights in investigations procedure.Based on the above analyses, the author of this paper thinks that constructionof investigation legalization should be strengthened; "investigation without law" and the investigation right of procuratorial organ should be established to exercise investigation right on career crimes. Meanwhile, it is necessary to strengthen the supervision right of procuratorial organ over investigation by supervising in advance and at the same time instead ofafterwards. Regulation on the right of supervision over investigation should be specified, and its feasibility in practice should be improved. Criminial investigation and custody should be departed from. The people's court should have the right to supervise. It is necessary to strengthen the rights of the defend and the defendant. This methods would improve our country criminial investigation procedure and make it legal and resonable.