Investigation Research As A Problem

Investigation stage is the very important stage among the Criminal procedure which can make the procedure legal and reasonable. The enforcement of investigation acts decides whether the criminal procedure purposes of punishing crimes and protecting the people will be realized directly. But the phenomenon of investigation omission which exist abundantly and can not be found easily deviate from pursuing this purpose basic also. The investigation omission means the investigatory apparatus and the investigators who have the authority of investigation are responsible for investigating the criminal cases in accordance with law could implement the duty, but do not perform correctly and actively. In the first, the investigation omission puts the authority which awarded by the country into static state and has caused the criminal suspects to escape the investigation for criminal responsible; on the other hand every kind of the investigation omission forms abandon the duty of investigation and the value of protecting people has no signification because of lacking objective and judicial principles. At the same time, there are a great many of illegal investigation acts accompany with the occurrence of various investigation omissions. This circumstance will embarrass the construction of the investigation process. In addition, few scholars would like to pay attention to the investigation which is studied by the behavior meaning under the procedure field of vision and the research of investigation act issues for protecting people especial for criminal suspects only limits in the area of active illegal investigation act issues but do not aims at the investigation omission issues. So it is necessary for researching the investigation omission issues through combining the characteristics of investigation under the premise of realizing the purposes of criminal procedure law. And then we may design the countermeasures against the investigation omission under the comprehensive considerations of processes, systems and princippiums.