Reform And Improvement Of The Model Of Criminal Investigation In China

Structuring harmonious society is that important mission brought forward by 6th Plenary Session of the Central Committee , the necessity being that we realize the grand goal building well-to-do society all round demand among 16th National Congress of the CPC and the sixteen three, among four. Promote the social equity and justice, be the key link structuring harmonious society of socialism, be that the essence of socialism demands. Social equity and just realization, come to come true needing to pass harmonious legal system, governing according to law ruling society by law is that necessity of harmonious society demands. With going deep into structuring harmonious society, democratic rule by law ceaselessness pushes forward, our country currently in effect investigate seal off had by pattern, be not that legal action composes in reply nature monopolizing power having accepted hitherto unknown challenge; Quality has proposed that more highly demand of the modern times judiciary idea guaranteeing human rights to investigator; The criminal judiciary of international criterion and our country are established criminal the contradiction investigating a pattern is gradually protruding obvious. Constitution, law modification about content reform another, our country also for investigating a pattern having provided the law basis.Investigating a pattern is to refer to the main body exercising the function accusing a function and pleading state manifested on interrelation by state. On phylogeny combating with committing a crime in human being, our country had once appeared not to be the same as three kinds investigate a pattern: Prophesy doctrine investigating a pattern, reason confess to investigate a pattern to the certificate and to investigate a pattern from proving to confessing. Make a general observation of the main country in the nowadays of society, having embodied basically disregarding being continent genealogy of law be still UK-US genealogy of law, although the person chooses diversity on investigating a pattern concretely, ensure thought from certificate to the human rights confessing.Our country "accusation investigating a pattern having "the surpass the authority of office doctrine " characteristic, nonexistent model, the legal action form pleading, ruling that " three sides countervails mutually currently in effect. This investigate the abuse there existing in pattern be: Had investigated right big; Be short of judiciary supervision in investigating; Investigating a pattern and trying the conflict there existing mechanism in pattern and so on. These abuse and our country investigate not limpid purpose Taoist temple allocation observing the type having decided to investigate a pattern's in connection with investigating, because of. Our country currently in effect investigate the purpose Taoist temple only be confined to ascertain case, the person should have two big functions in fact, first upper function of procedure, is to be public prosecution and to try the function doing preparation; Two is that human rights ensures aspect preparing a function, is upper justness by ensuring judicial procedure to realize the function that human rights ensures.The result investigating a pattern "not making one's own choice" in every country, is that history, law, humanity environment are closely related to every country but, thinks to circumstances and bare problem facing our country the present stage investigating crimes, investigate a pattern, must insist that in reforming and perfecting our country: "Commit a crime under the control of and guarantee human rights paying equal attention, unification realizing justice and efficiency" this one target.Attitude our country must be realistic and pragmatic in the light of as investigating pattern reformation, sets off from reality of our country, must think that the bearing capability factor, such ability get expected effect to the rule by law cost and citizen mentality.To sum up, our country investigate pattern reformation and improve and perfect ought to be: Set up criminal concept investigating pattern return legal action; Structure is built charge, argue, try the legal action form that three sides constitutes; The ability making use of the judicial powers authority and investigating relatively just step by step enhanced defense, brings whose adjustment effect between civil rights and country authority into play, establishes ultimately according with procedure reasonable and legitimate's investigating a pattern commonly.