| Investigation is the beginning of the whole procedure, it impacts the program directly. Only the Investigation being legalized can manifest the value of the law and justice. Modern criminal investigation is not only to reach reveal crime, the purpose of a criminal suspect but also guarantee the human rights.We can not sacrifice human rights in exchange for investigation effect. In addition,we must get maximum benefit of the investigation in the limited resources conditions.The most widely used in detection behavior is forced detection behavior. In our country forced detection behavior is widely accepted, people seem to have taken it for granted.But in the development of human rights protection, this kind of behavior is not confined to the compulsory investigation.there is a more conducive method to ensure human rights in investigation behaviour.That is consent investigation which is in comparison of a forced investigation. Consent investigation in the protection of human rights, the program limit etc, has great advantages. With no doubt, under the same conditions, consent investigation could do the most benefits of investigation. For forced investigation, our country legal scholars have made a lot of research, but to consent investigation the research is very few. This article is based on referencing other’s research and learning elder people’s achievement.The author try to discusse the consent investigation.This article is divided into four parts:The first part is the theoretical basis of consent investigation. This part discusses the concept, characteristics, the types and value of consent investigation.First of all,the word of investigation is discussed, and the concepts of consent investigation are listed in China and Japan.And the author discuss the features of consent investigation, namely:no mandatory, the freedom of opposite party to the invest party and guarantee the significant benefits of the opposite party to the invest party.This article introduces the several categories of common consent investigation.They are monitor with a part agree, consent enquiries, consent search, voluntary peer, consent interrogation.The second part discusses the foreign consent investigation system. This part inspect the American and British respectively law and civil law. Inspecting their ideological basis and regime basis and their consent investigation measures. Through the investigation i conclude that China should have the principle of consent investigation so that we can safeguarding judicial efficiency and related people’s important rights and interests.The third part discusses the necessity and feasibility of establishing consent investigation in china.First introduced the principle of consent investigation. The specific requirements of the principle is, in carry out investigation we must use the principle in priority.When activities for consent investigation can not reach the investigation purposes we can use legal enforcement investigation method.Thus we can guarantee the human rights, and help to improve the efficiency of the investigation. In the necessity, it include not only China’s human rights, but also the requirements of the embodiment of proportion principle. In the feasibility, our country is headed in the direction of the investigation legalization. At the same time, our law already have the spirit of investigation, and the investigation organ already practice the consent investigation behavior.The forth part discusses how to perfect the consent investigation behavior. Although consent investigation has its rationality, our country should have our own features to suit for our national conditions. This part introduce some measures in consent investigation.Such as how to perfect the monitoring with a paty’s agree, how to perfect consent inquiries, how to perfect consent search, how to perfect the voluntary peer system and how to perfect consent interrogation system. |
