Constraining Factor To Explore In The Public Security Organ For Investigation

In democracy and the rule of law consciousness to mature today, the process ofindictment operation related to everyone’s most basic rights, becausein our country for a longtime, there exist the substantive and investigation organ too much power of wrong ideas,which caused a lot of human rights abuses and made the case in the case. So to reconstruct theoperation process of the indictment of discourse system, so that all sorts of restrictive factorsfunction reset, and build a good indictment operation mechanism and process. Only in thisway can we make indictment of the operation more smoothly. This essay, from the followingfive parts to our country the operation of the indictment restrictive factors discussed andexplored.The first part is relevant to the basic category and concept analysis. The author mainlyfrom the analysis of three parts, the first part is the meanings of investigation and analysis ofindictment, then discuss "run", and finally the restrictive factors is discussed. In the restrictivefactors of the author and also compared the restriction and supervision of the inner meaningand difference, this part of this paper is the most basic.The second part of the paper is restricted the indictment theoretical basis. In the theory ofcondition the main points of the two parts of the writing, the first part is restricted thedevelopment of the indictment thought, from the rock, and montesquieu, Hobbes, Marx andsun yat-sen’s power restriction thought were inspired, think is need indictment restriction andsupervision. The second part of foreign countries, from the perspective of the analysis andcomparison, the author of this part from common law and civil law is representative of thecountry of introduced several typical countries one indictment constraints of the mechanismand system, can have good to our country for reference.The third part of the indictment is introduced in China restrict the necessity and thepossibility of this part in China’s investigation procedure wrote indictment of the presentsituation of operation, our country at present the investigation organ, power is strong, andsupervision and restriction mechanism is very weak, in order to better achieve the purposeand the investigation investigation efficiency, the indictment of supervision and restraint hasthe necessity and urgency. The fourth part is the focus of this article, discusses the indictment is the individualcharacter of restrictive factors analytical. Because of many factors indictment conditionality,judicial power restriction investigation procedure in academic circles has formed relativelycomplete theory, so the author and the supervision of public opinion from the right Angle toexplore how to restrict indictment. This part of the author describes more, also is the cream ofthis paper.The author discusses the fifth part is to further improve the indictment restrictionmechanism. Indictment restriction mechanism is a system, restrictive factors also many, onlyhave the restrictive factors into a good mechanism, make the restrictive factors indictment forservice, it is the aim of this paper writing. Therefore, we should like to run in the process ofthe indictment restrictive factors have rational knowledge, to these restrictive factors for theoperation of the investigation power to provide a good running environment, cooperationcreate public identity investigation forms of the rule of law and essential legal system.