Illegal Investigative Behavior Research, Its Procedural Sanctions

As an important stage in the criminal proceedings, the basic task of criminal investigation is to make full use of various investigative measures, to collect and review all kinds of evidence, to find the facts , to expose crime timely, to protect innocent people from prosecution, to prevent and reduce criminal cases, to maintain the society in order, and to protect the interests of the nation and the collective as well as the legitimate rights of citizens according to the criminal law and the criminal procedure law. However, the problem is that the investigation acts aiming at protecting legitimate rights of citizens are always different from even opposite to the purpose at the beginning . As a result, legitimate rights of citizens are eroded, authority and justness are damaged, and make the random of the whole procedure because of the hole of investigation, the basic tache of procedure, and it does harm to protect justness and maintain social righteousness.As a phenomenon seriously erodes the legal rights and interests of citizens and weakens the role of investigation, illegal investigation acts have already aroused concern widespread in the world. Some countries have already taken measures to regulate these illegal detects, among them, the relief methods and the entity sanction in the detect procedures are the main attention. The practice shows that the role of these regulations still could be improved, which provides such an effective way for procedure sanction of illegal investigation acts. The investigative procedures of the regulatory system, combining with such regulation format as criminal liability, civil liability, disciplinary liability ,national compensation and so on ,are complementarily formed a complete system of regulations, which is undoubtedly of great significance on regulating the investigation of China's investigative organs and reducing the illegal phenomenon in the work.Now, many illegal investigation acts which are concealed and indistinct are still in the situation of undiscoverable, unverifiable and almost uncorrectable. The reasons of this situation are being passive and afterwards supervision to the illegal investigation, being Unable to detect illegal acts in time, being insufficient on supervision to the illegal investigation and so on. In order to prevent and eventually eliminate injustice in cases, an effective mechanism should be established with corresponding measures of investigation to discover, verify and correct illegal investigation acts and finally correct the misjudged cases.In most countries, it is common to study the procedure sanctions in the framework of criminal law. That is, to consider the procedure sanctions in criminal procedure law as a whole, and characters in the criminal proceedings are not discussed fully. While in China, the law on procedure sanctions in criminal law is rare. There are two main provisions: one is Article 191 of the Code of Criminal Procedure, that is, the court of first instance can repeal the original sentence for the breach of procedure provisions, and can start the retrial system, the other is Interpretation of Several Issues made by The Supreme People's Court "on the Implementation of 'Code of Criminal Procedure'", which excludes the rules of illegal evidence in section 61. To the illegal acts in investigation, it is usually to use entities sanctions such as criminal prosecution, civil and administrative sanctions. Under the circumstance of being lack of procedure sanctions, let alone to discuss the procedure sanctions targeted in violation of the law.This article expatiates the concept of investigation acts from broad sense and narrow sense. In this article, the author adopt the former one, class the investigation acts to legality illegal, and explain the concept, staple, and causation of illegal investigation acts. On the other hand, this article discusses some correlative measures and how to establish the procedures sanctions. For this, we can ensure the equity of justice and right of people.This article has three parts.This article expatiates the concept of investigation acts from broad sense and narrow sense. In this article, I adopt the former one, class the investigation acts to legality illegal, and explain the concept, staple, and causation of illegal investigation acts. On the other hand, this article discusses some correlative measures and how to establish the procedures sanctions. For this, we can ensure the equity of justice and right of people.In the fist part, the article clarifies the general concept of the illegal investigation. Through the concept and basic classification of illegal investigation, the article discusses actual performance and the reasons of it and makes the comparative analysis between the current system abroad and in our country. The conclusion is that the supervision and restriction mechanism in China's current system still needs to be refined and improved.The second part, from the basis of the theory of procedure sanctions, the article analyzes of the legitimacy of the sanctions procedures and practical significance if we incorporates it into the judicial system of supervision, provides standards to ensure illegal investigation, that is , to judge illegal investigation acts from the follow prospects, that is main body and purpose, ways of behavior, and the period of time provided by law .Also, it discusses basic ways to construct the new procedure sanctions system, and recommends to regulate investigation acts, so as to apply procedure sanctions to it.The third part, from the limitations of procedures sanctions and the coordination with other stages of the criminal proceeding, the article proposes related measures to procedure sanctions of illegal investigation. For the guarantee rationality and maneuverability of procedures sanctions, we should respect people and reinforce the collaborator in police, inquisitor and judge, consummate onus probandi, and so on.During the writing, the author reads a lot of books about illegal investigation acts arid procedures sanctions home and aboard, and focuses on the newest development of illegal investigation acts in practice, in order to find the connection of theory and practice. Then the author analyzeses the manifest and reason of illegal investigation acts, compares the relief methods home and aboard, puts forward the viewpoint of establishing and consummating the procedures sanctions of illegal investigation acts and. clarifies the necessary of it. By discussing the operation of investigation and others, the author tries to explore the methods to reduce and stop the illegal investigation acts, ensure the prosecution of investigation, the justice of proceeding and promote the progress of nomocracy.