Criminal Investigation Of The Rule Of Law

The so-called rule of law refers to the formation and use of state power with the law reflecting the common will of citizens as guidelines, the principle of the formation and use of political power, and the social condition that the rights are allocated rationally between the human beings after the state power and the government ruled by law. The rule of law, in its real sense, embraces three elements, namely, the spirit, the substance and the form.The essence of the modern rule of law is to control state power and protect the citizens' rights. Although the criminal investigation is essentially one kind of lawsuit activity, it is undeniable that the subjects of criminal investigation ascertain the obvious activities to make out the criminal facts . Anyone being investigated is weak in front of the investigation power. Moreover, it's easy to impinge on the human rights because of the nature of violence and coerciveness of the investigation power. Therefore, the investigation power must be effectively controlled under the rule of law so as to make its operation reasonable. Thus the goals of value, which are the crime control and human rights protection, can be achieved. In other words, the criminal investigation must be based on the rule of law.The criminal investigation based on the rule of law combines the spirit of the rule of law, legal systems, the manner of behavior and culture with investigation systems, investigation deeds and ideologies , to form relevant investigation mechanism, the model of procedure and ideological modality. From the angle of the components of the rule of law and the basic principles of criminal investigation, the criminal investigation based on the rule of law shall consist of the following basic elements: (l)the uniformity of the rule of criminal investigation, referring that the law on criminal investigations must be consistent and fully coordinated; (2)the rule-of-law of investigating subjects, including the legality principle of investigating subjects and the integration of investigation; (3)the rule-of-law of investigation procedure,including the legality principle, the judicial control and the equality of the prosecution and defense; and(4)the rule-of-law of investigation acts, referring that the investigation acts shall meet the principles of randomness, correspondence and necessity.Based on the rule-of-law in the process of criminal investigation, there exist many insufficiencies in our criminal investigations, which include (l)the separation of uniformity of criminal investigation legal system; (2)the vagueness of investigation subjects and the inefficiency of criminal investigation mechanisms; (3)the lack of judicial control mechanisms; (4)the imbalance between the prosecuting and defending; and (5)the disorder of proportionality of investigation acts. Therefore, in order to achieve the goal of building a socialist country ruled by law, we must improve our criminal investigation rule of law. Firstly, we should establish the scientific concept of the criminal-investigation ruled of law. Secondly, we must establish a unified legal system for criminal investigation. Thirdly, the illegal criminal investigation must be abolished and the relationship between the procurator organs and the public security organs must be rationalized to be integrated. Fourthly, the judicial-censorship mechanism for the People's courts to monitor the investigation procedure shall be built. Fifthly, in order to realize the balance between the prosecution and defense, we shall take steps to implement, maintain and develop the suspect's defense rights. Sixthly, we must perfect the criminal compulsory measures.