China Compulsory Investigative Behavior Control

In criminal procedures, compulsory investigation is of great significance to secure legal order, control crimes and prosecute criminals. However, because compulsory investigation may heavily infringing civil rights and freedom, in modern society, no country does not take necessary measures to control compulsory investigation. In China most investigations are compulsory investigation. Because of incomplete legislation and lack of reasonable and effective restriction, it is quite often that abused or illegal compulsory investigation infringes legal rights and interests of uspects and other related persons, thus investigation procedure has become most dangerous for suspects in criminal litigation. At present, people from all kinds of work pay great attention to compulsory investigation and dissatisfy with current situations. So it is one of the main themes of the reform in the investigation procedures and the whole procedures for criminal litigation that we should perfect control on compulsory investigation by learning adoptable measures from other countries, which is under the role of law, and strengthen the security for civil rights and interests while we should ensures that the investigation authorities exercise compulsory investigation according the roles of law. On the basis of defining compulsory investigation, analyzing its advantages and disadvantages, and introducing and clarifying the theory of control on compulsory investigation, this thesis comments general practice of compulsory investigation control in countries ruling by law, states the defect in Chinese such control and finally comes up with suggestions for improving and perfection. This passage has five parts.First, on the basis of defining compulsory investigation and its characteristics, this passage adopts the division of optional investigation and compulsory investigation, then analyses the advantages and disadvantages of compulsory investigation, and point out the significance of studying the control on compulsory investigation. Second, the passage analyses the necessity and feasibility of control on compulsory investigation, by using the theory of natural law, justice of procedures, checks and balances, and human rights to prove the necessity, and expounding the feasibility in view of legislation control, self-control and judicial control. Third the passage introduces relevant practices in some major countries, and summarizes main principles and systems as adoptable experience for our country. Then it analyses the problems of the control on compulsory investigation in Chinese and further their systematical and legal reasons.Finally the passage states how to perfect the control on investigation in Chinese: (1) Perfect the legislation control, that is to separate detain, arrest and custody and set up custody review mechanism; establish reasonable evidence exclusion rules and protection system of persons; to entitle the suspects the rights to remain silence; to extend the term of detain, and deem the detain without interrogation as illegal custody; and to legalize secret investigation. (2)Perfect the judicial control. The first is to perfect the control before investigation, that is the principle of writ; Second is to perfect the control during the exercise of investigation, mainly known as the supervision by suspects and their agents ad litem; The third is to perfect the control after the exercise of compulsory investigation, including the suspects' rights to appeal to the court before and after judgment; And the fourth is to perfect the appealing supervision. (3) Perfect self-control. On one hand strengthen the prosecutive supervision by advancing the interference by prosecutors, turning the post-supervision into simultaneous supervision.; by separating the auto-investigation department from the prosecutive authority so that the prosecutive department do not assume the liability of investigation; and by perfecting the correcting mechanism and means of sanction. On the other hand strengthen supervision inside the investigation department by establishing system of examining and approving cases, perfecting modern supervision mechanism to police, and strengthening the supervision by commission for inspecting discipline and inner supervisory department.The author hopes this passage can show innovation in the following two aspects: (1)The first is on the general control on compulsory investigation in China. Instead of following foreign modes as some one did, this passage, with respect to Chinese situation, adopts the modes of multi-supervision by courts and prosecutive authorities. (2) The other is on the study of control on compulsory investigation. This passage pays attention to the inner supervision while it discusses the control from the outside of the investigation department.