My Investigation Construction Of The Open System

Along with the development of democratic politics and the enhancement of human rightsprotection consciousness, the open of investigation activities in the countries all over the wordis more and more high. However, based on the traditional habit, the investigation activities ofour country have been especially secret and the publicity lever is very low. Therefore, theevents of human rights abuses in our investigation activities have been existed, which isantipathetic to the progress of managing state affairs according to law now and dramaticallydamage the credibility of judicial authority. Hence, our investigation activities must becomply with the world trend and increase its publicity. In addition, must restrict investigationrights and enhance human rights protection.Due to the difference between of investigation work and court judgement is significant;therefore the investigation publicity is different from court judgement publicity. Thereby, theinvestigation publicity is just moderate open, but not completely open. In order to constructinvestigation open system, we not only learn from foreign advanced experience, but alsocombine with the actual situation of our own. Only in this way can the open investigationsystem of our country go to practice. In this passage, the author from four portions discussesthe construction of investigation public system of our country.The first part is to discuss the basic theories of investigation publicly. Firstly, the authorfrom three aspects defines the concept of investigation publicly. First and foremost, discussthe concept of investigation. Due to the concept of the investigation has broad and narrowpoints, therefore we must be explicit that the concept of investigation in discussinginvestigation publicly of this passage is broad concept. The broad concept not only containsthe part of investigative implement, but also includes investigative register, investigativeimplement, investigative termination and investigative supervision and so on. The seconddiscuss the properties of investigation rights. The standpoints of properties of investigationright mainly include the investigation right is the administrative power, the investigation rightis jurisdiction and investigation right possesses the double properties three points. Bycomparing jurisdiction with administrative power and combining with the property ofinvestigation right themselves, we agree with the standpoint of the investigation right is administrative power. Thirdly, discuss the public principle. In this passage, the author mainlydiscusses two questions about the content and object of public principle. Through discussingthe three questions above, the author concludes the concept and three characteristics ofinvestigation publicly at last. Then, the author discusses the legal basis of investigationpublicly. The passage mainly from three aspects includes investigation publicity forrealization procedural justice, investigation publicly for realization entity justice and theeffects of investigation publicly on human right protection are discussed. Furthermore, thebasic theory of investigation publicly mainly discusses investigation open conflict andbalance. Everything owns the advantages and disadvantages; investigation publicly is notexceptional also. Therefore, in constructing investigation open system, should be paidattention to the conflict between investigation publicly and other aspects. In this passage, theauthor mainly discusses the conflict and balance between investigation publicly andinvestigation secret and the conflict and balance between investigation publicly andinvestigation benefit.The second part is to discuss the international review of investigation publicly. Theprovisions of foreign relevant investigation publicly law are dramatically valuable forconstructing our country investigation open system. Firstly, the author presents legalprovisions of relevant investigation publicly law in common law countries the typicalrepresentative of UK, then makes simple analysis. Secondly, the passage recommends legalprovisions of relevant investigation publicly in continental law system country the typicalrepresentative of France and makes simple comments.The third part is the focus of this article, which discusses the specific construction of ourcountry investigation open system. Firstly, discuss the legal provisions and disadvantages ofinvestigation publicly of our country. Only understand the conditions of our legislation atpresent, can find out the existed problems, and then you will have the targeted solve.Secondly, construct the investigation open system of our country. Due to the differencebetween investigation publicly and trial publicly is significant and the lever of investigationpublicly is much lower, hence the exceptional cases of investigation publicly was much morethan trial publicly. Therefore, must be clear the main effects which influence the investigationpublicly. The article from three aspects include the effects on trial publicly, crime blow andbenefit of relevant staff discusses. Then the author from horizontal and vertical two aspects specially constructs our investigation open system. The horizontal aspect mainly discusses theobject of investigation publicly and content and area of investigation publicly. The verticalaspect discusses the stage partitions of investigation publicly.The forth part is the guarantee mechanism of investigation open system. To trulyimplement our investigation open system, not only the investigation open system itself mustbe coincident with the actual conditions of our country and the system itself is reasonable, butalso the investigation open system has to have relevant measures to protect. Firstly, establishjudicial review mechanism. Considering our country without judicial review traditions andexperience, therefore the range can relatively small some in building our judicial reviewsystem. The article mainly discusses the prior review of jurisdiction for mandatoryinvestigation measures. Secondly, perfect illegal evidence eliminating rule of our country.Though there are some provisions of illegal evidence eliminating rule in our country, theseprovisions are not perfect. Illegal evidence eliminating rang is too small and the provision of“the fruit of poisonous tree” is not certain. At last, perfect investigation power of our country.The lack of protection for power can influence the power restriction in reverse. Therefore weshould make special provisions for investigation measures which is frequently used ininvestigation practice from legislation and perfect investigation power.