Study On The Detection Restriction Mechanism

Detection restriction mechanism is an organic system consisting of a series of measures to restrict and control investigation act. Detection restriction plays an important role in preventing the abuse of investigation power, protection of human rights and achieving fair value of criminal procedure. Modern countries have established a comprehensive investigation restriction mechanism. On the one hand, those investigation acts which may infringe on basic civil rights must accept the judge’s judicial review and writ of licensing access to justice;on the other hand, suspects have the right of keeping silence, the right to counsel, as well as the right to request to exclude illegal evidence.Detection restriction mechanism of criminal procedure law in our country provides the primary means of monitoring the investigation. The method of supervision is single, the content of investigation supervision is incomplete, and the law doesn’t empower suspects and defendants the right to supervise detection acts. Therefore, it’s difficult to control and restrict the detection acts completely and it can’t actually prevent investigation from violating citizens’fundamental rights.In order to protect the investigation authorities exercise the right of investigation and implement detection acts according to the law, and protect citizens’basic rights are not subject to investigation of unlawful practices, the detection restriction mechanism must be improved in our country.The thesis is divided into four parts.The first section illustrates the value of the detection restriction. This part of the article claims that the detection restriction will prevent the abuse of the right of investigation, protect the basic rights of citizens, and also promote the realization of judicial justice.The second section examines the detection restriction mechanisms of different countries which separately belonging to the common legal countries and the civil legal countries. This part of the article mainly investigates the detection restriction mechanisms of British, United States, France, Germany. The comparison and evaluation about the detection restriction mechanisms in these countries are made in this section.The third section describes the legislative situation of the detection restriction mechanisms in China, points out that there are four main problems in our detection restriction mechanisms. That are the problem of time-lagging, the problem of content incomplete,the problem of lack of rigid restrict method and the problem that lack of protection for the detection restriction rights of the suspect and his lawyer.The fourth part puts forward the specific measures of improving the investigation and restriction mechanism. It includes establishing prior restraint mechanism, improving the detection restricted content, strengthen people’s procuratorate investigative monitoring tools and empowerment and protection restricting the rights of criminal suspects and their counsels the right of restricting investigation.