The Reconstruction Of The Theory Of Investigative Mode In Our Country

Due to misjudged cases happened in recent years frequently, torture, extendeddetention, illegal taking of evidence and the phenomenon such as abuse of compulsorymeasures while constantly be on the agenda, some lawmakers also hope solve theseproblems through the introduction of some judicial interpretation and rebuild thecriminal procedure law, however, the effectiveness still limited from the view ofenforcement of judicial interpretation, the problem always can not get bannedfundamentally. Meanwhile, with the deepening of China’s rule of law, the voice ofprotecting citizens’ basic rights become more and more louder, and a new requirementabout the final judge of the judicial principle of the rule of law and the principle ofaccusation and judgment separated are proposed. All these issues make the drawbacksof mode of investigation increasing apparent in our country, and the old mode ofinvestigation not only fail to satisfy the need of the construction of the rule of law in ourcountry, the citizen’s constitutional rights also suffer from damages in some degrees.This paper aims to carry out a comparative analysis between some typical civil lawand common law countries about the investigative mode, and states what elements formthe mode of investigation, and then analyze the advantages and disadvantages of theinvestigative mode of representative countries in two legal systems. At the same time,making a detailed discussion of the drawbacks of our current investigative mode,analyze the sources for these shortcomings and then put forward to some feasiblerecommendations, which make the problems solved in a right direction ultimately.