New Theory Of The Power Of Investigation

Japanese scholar Taguchi Mochi think the general investigation, including the investigation of the beginning and the end of the practice of investigation, etc. It contains all the investigation activities. The narrow investigation refers to the practice of these parts. Like the general and narrow definition of investigation, the power of investigation also can be divided into general sense and narrow power of investigation.The narrow power of investigation synonymous with police powers, the general power of investigation is referred to the Japanese scholar Taguchi Mochi’s general investigation.The author thinks that the power of investigation is legal investigation authorities in the investigation, to find out the case truth, capture the criminal suspect, and determine in accordance with the investigation procedure by means of specific detections.It is a national public power. For the nature of the power of the investigation, academic circles dispute has a long history, there are three main theories:the investigation belongs to administrative power, the investigation to the judicial power, the investigation as executive power and judicial power. The author thinks that, from the perspective of the requirements and rules of power operation, the investigation is a run in investigation procedure in the nature of enforcement of the administrative power. The existence of any kind of power has its legitimate basis, the power of investigation is no exception. It exists according to national use of investigation is to find out the truth case, captured the criminal suspect, punishment and crime, and the legitimacy of maintaining social order. Terms, from the perspective of macro investigation organ using indictment can promote social justice and is conducive to the establishment of a socialist harmonious society.This paper is writing in the new modification of the criminal procedure law and relevant judicial explanation, on the basis of legislation of investigation in China is the new development are analyzed and summarized, including changes in detection methods and detection measures.investigation of supervision and restriction, supervision and standardize the investigation procedure three aspects, on the basis of further indictment new rules for the impact of criminal judicial practice in our country, mainly includes:one is that the increase of the antagonistic factors in the criminal proceedings of this confrontational enhancement very progressive significance, but at the same time to investigation organs also face a great challenge; Second, it is difficult to collect the investigation evidences, mainly because of the investigation organs in our country for a long time formed some mind-set and detect patterns, such as the investigation organs long relied on testimony standard of judicial proof way, the investigation organs with detain suspects to obtain evidence, etc.; Third is the exercise of the investigation was enhanced than before, from the people’s procuratorate, lawyers and other defenders of investigation exercise supervision on improving the scope of the exercise of supervision over investigation organs investigation and system, and relatively closed investigation procedure will turn to investigation procedure must be public, new regulations given the investigation to our country the impact of the judicial practice, we must take effective measures to guarantee the exercise of the investigation.On investigation exercise mechanism perfect in our country, mainly to perfect the relevant laws and regulations to safeguard investigation of legitimate and effective exercise, but also exercise the supervision and restriction of investigation, in the hope of investigation power in the criminal litigation system within the framework of effective exercise, legislation to further refine the change of the criminal procedure law and relevant judicial interpretations of the contents, and for the investigation organ, mainly is to start from oneself, changing litigation idea, set up and strengthen human rights awareness, awareness of procedure and evidence; At the same time, to play a professional advantages, develop anew methods, the rational use of technical investigation measures; To establish and perfect the information sharing system of criminal procedure; Countries should strengthen the criminal proceedings of manpower, financial and material resources.