Investigative Procedures Of Litigation Reform,

Our country criminal prosecution took one kind of important society controls the method, in maintained social in the benignity generating process to play the very important role. Generally speaking, the criminal prosecution goal lies in the penalty crime, the safeguard human rights. Speaking of the entire lawsuit result, this goal is possible to achieve; But speaking of the entire legal procedure, under the actual condition, goal of the safeguard human rights not too is as if optimistic, this especially displays at the criminal prosecution detection stage.The detection procedure is investigates the institution to put on record after the criminal case to the prosecution before, according to the certain procedure, the step and the order, fulfills the legal procedure for the collection crime evidence, verifies the case fact, determined whether sues the preparation procedure, is a criminal prosecution extremely important stage. Looked from the existing legislation and the judicial practice that, our country investigates in the procedure essence is investigates the institution folk remedy to investigate the crime the investigation procedure, it presents the strong authority principle characteristic: On the one hand lacks the neutral referee side referee; On the other hand lacks the defense side the defense right, this had decided this procedure lawsuit structure has not certainly formed controls, debates, cuts the tripartite constitution the lawsuit shape, is precisely because lacks the cubic referee, is very difficult to say the dependence detection institution own strength can make the fair procedure referee; Also is very difficult to say the detection institution cannot abuse the authority which the country entrusts with it to exercise. On the other hand, because the crime suspect, the accused person enjoys in this procedure the right is extremely limited, therefore it defends the formidable authority with difficulty which the detection institution has, if launches the equal the resistance. More importantly, because neutral referee organization not initiative involvement, also because the crime suspect, the accused person have not entrusted with carries on the judicial relief the right, caused in the judicial practice to appear seriously has violated the legal proceeding the fact. Therefore, it is necessary to the lawsuit to change into the instruction under the government by law field of vision, transforms to our country detection procedure."The entire criminal prosecution procedure just like a building, but investigates the stage to be similar to this building the foundation. If the ground structure is unreasonable, is not firm, then, the entire building has the possibility to occur overturns. Similarly, if the detection procedure structure is unreasonable, is not firm, then, the entire criminal prosecution procedure has the possibility to have the deviation, even causes the difference person crime." The detection procedure took the criminal prosecution the important constituent, should have "the lawsuit" characteristic. Through analyzes our country to investigate the procedure the characteristic, reconsiders its existence structure flaw, and proposed the utilization "the tripartite combination" the lawsuit theory reconstructs our country to investigate the procedure, causes it to have investigates, the defense, the referee tripartite main body participation together, controls debates the bilateral equality resistance, the referee main body comes between the involvement "the triangle" the lawsuit structure. The detection procedure lawsuit mentality is: The suitable limit detection institution's detection behavior, enables it to violate the citizen basic right at will; Entrusts with the crime suspect and its attorney the certain detection power and is comprehensive in view of the detection behavior defense power; Entrusts with judge by the judicial examination power, prevented the detection institution the illegal detection behavior, and occurs when the illegal detection behavior gives the denial the appraisal. To the lawsuit changes into the goal to consummate our country to investigate the procedure structure, the name line "the administration punish" it by at present by "the judicial process" the reality ultra authority principle administration to trace the procedure, transforms for the tripartite combination "the lawsuit ruling procedure", thus scientifically, the more reasonable establishes detection procedure.