Type Of Criminal Investigation Procedures Analysis

The criminal procedure has two purposes, which are crime litigation and guarantee human rights, the criminal investigation procedure reflect the purposes. Different constructs in criminal investigation will influence the effect that crime is controlled and human rights are protected. According to the principle of freedom, equality and negotiation, the criminal investigation procedure should not be the process that one force another one, but under the condition of benefiting in finding true, investigator actively negotiate with suspect in order to solve dispute by neutral judge managing.The criminal investigation procedure of Common Law Legal System is called Adversary Pattern. The criminal investigation procedure of Continental Law Legal System is called Inquisitorial Pattern. Chinese criminal investigation procedureis studied as one of Inquisitorial Pattern. However, whether Adversary Pattern or Inquisitorial Pattern, which is based on the principle of rule of law. Though there are some differences in operation, but the purpose of two legal systems is the same that pay attention to the human corpus position and defend human freedom. Rule of law has not been realized in China, the shape of Inquisitorial Pattern provide legitimacy for government, when who carries out policy and manages citizen. So there are two investigation procedure types basis of role and position difference of investigator and suspect.If investigator equally negotiates with suspect to find fact of case on condition that neutral judge manages, the criminal investigation procedure is called. Equal consultation type. If investigator has the compulsive power like government, suspect is passive, judicial review is lack, the purpose is that investigator carries out government policy and realizes the dignity of government through investigation procedure. Equal consultation type focuses on individual freedom, dignity. Investigator is the representative of state, and its administration power is refrained. Administration leading factor type focuses on benefits-of state. State is more important than individual and society. According to the ages characteristics and the international trend, Equal consultation type will benefit the development of society and more close to the substance of democratic nation.Judicial review is lack and the rights of suspect and defense attorney are short, as well as investigator has extensive power in Chinese criminal investigation procedure. It proves that Chinese criminal investigation procedurehas the factors of Administration leading factor type. By setting up judicial review, the rule of excluding illegal evidence, privilege of silence and fights of defense attorney, changing role of investigator from administrator to negotiator to establish Equal consultation type Investigation procedure.