On China's Public Security Detection System Reform And Improvement

Chinese investigation system, forming gradually on the basis of the long-term investigating practices, is different from not only the systems of English and American but also the ones of Continental nations. It has the unique Chinese characteristics . With the development of politics and economy of our country, the present system shows its insufficiency and flaws day by day, especially in the process of the judicial reforms and keeping up with the international advanced judicial ideas and institutions. So we should study the investigation system from the aspects of practice and theory. This article proposed the ideas and plans to reform and consummate Chinese investigation system, based on the present domestic situations and the theories of investigation.Despite of the merits that are suitable to our country, present investigation system has many flaws, for instance, inadequate surveillance to the investigating powers, insufficient protection to suspects, the conflicts between the investigation procedure and the trial, the deprival of suspects' right to state voluntarily, the violation of the ideas of proving and the inadequacy of the elimination of illegal evidence. Therefore, it is necessary to reform and consummate our present investigation system.Along with the economic development and the promotion of the reform of politicsand judicial system, and in the process of keeping up with the advanced judicial ideas and institutions, people have already known the idea of human rights protection. The procedural law and the substantive law are paid equal attention day by day. And the justice has become the goal that legislation and enforcement pursue. The investigation procedure, which is the important part of the criminal procedure , must be reformed and consummated right now, for the social basis and the public opinion of reform have already formed.The goals that reform pursues are how to disclose crimes and protect human rights under the limited judicial resources, and how to get judicial fairness. The reform and the consummation of investigation system can be achieved by perfecting legislation (especially the criminal procedural law). We should establish the institution of judicial review to precautionary measures, award suspects the right of keeping silence, enlarge lawyers' rights in the pretrial procedure and complete the rule of elimination of illegal evidence, which regulate the investigation and keep it under law.Inevitably, paying attention to protect human rights and pursuing due process will increase the procedural costs and decrease the efficiency of attacking crimes. Although regulating the investigation will weaken investigation abilities, it is the cost of legalizing investigation. Except the legislative consummation, public security should perfect the matching mechanisms, like strengthening the construction of basic information of public security organs, constructing the social protective controlling system and strengthening the standardized construction of public security organs.Only if we have had the legalized viewpoints and have established an entire set of scientific and reasonable mechanisms, the reforms of public security's investigation can carry on smoothly and the results of reform can be carried out practically.