The Legalization Analysis Of Third-party Investigation

"The Third-party investigation" means that when the community had a complex relationship between popular event, and the truth of these events is unknown, the case can not be investigated, then guided by the official or public initiative to form a new re-investigation group to investigate the incident a special method of investigation. " The Third-party investigation " has begun in Yunnan's hide-and-seek event, and further applied in Shanghai entrapment incident, then ultimately satisfactory solved in Nanjing Xu baby events. Its real sense, "The Third-party investigation" to strengthen the supervision of the rights of citizens, making government investigation and public surveys formed to promote both mutual restraint, mutual win-win results. But we should see that it has not formed a legal procedure, and also no relevant legal system to follow. Therefore, our legislation is absolutely necessary to establish " The Third-party investigation " system, through the authorization given to " The Third-party investigation" the legal status of the organization, and to guide the investigation in an open and transparent procedure to make a legitimate, fair, effective and timely investigation findings information available to the public. My article attempts to use qualitative research, theory with practice and other methods by the analysis of these three events, from the legal perspective to grasp " The Third-party investigation", the right concept and content, and analysis of the legal nature of the organization, status and characteristics. I hope that in our legislation to build a sound and comprehensive third-party investigation system, including the constitution and the rights and obligations, to determine "The Third-party investigation" the scope and specific procedures, and should follow the basic principles, etc. And I also hope to develop in our legislation organized by the National People's Congress led by experts, academics, lawyers and the case disinterested third parties to participate in the investigation of the legal system, to restore the truth. In this case, not only can reduce the loss of credibility of some government departments, can also'strengthen the supervisory authority of the National People's Congress as the legislators'authority, while allowing " The Third-party investigation" be truly rule of law.