Research On Civil Participation In Criminal Investigation

Civil participation in criminal investigation is an important way to protectcitizens’ right of information, expression, participation and supervision. However,seizure and delivery and witness system as the typical way of social participation ininvestigating have defects in the legislation and needs improvement. In the judicialpractice, the nature of civil-finding mission, the existing problems and futuredevelopment and other issues are in urgent need of responding. In all, the aboveproblems make the study of civil participation in criminal investigation is extremelyurgent and necessary. The study will help us know about the relevant basic theory,absorb useful experience in the judicial practice, and tap the potential advantages ofthe system, ultimately to improve and smooth the social forms of participation withinthe system.Firstly, the article studies the basic theory of the investigation of socialparticipation. Then analysis and improve institutional participation andnon-institutional with the theory. Finally, the social participation in criminalinvestigation still needs to balance the investigative profession and detectiveefficiency.Besides the introduction and conclusion, the text is divided into three parts, about30,000words.The first part is an overview of the civil participation in criminal investigation. Itincludes the concept, the characteristics, value and classification. The criminalinvestigation of civil participation is social forces, based on the Investigative organsexercise the monopoly power of the investigation, in accordance with the laws or thepolicy involving in the investigation stage to assist in achieving the purpose ofcriminal proceedings, and to ensure that the activities of the criminal proceedingscarried out smoothly. It is built on the basis of national monopoly the power ofinvestigation. It has involved in the main broad participation and will achieve thepurpose of "assisting","supervision" and "protection". The criminal investigation ofcivil participation is the inevitable choice of responding actively to the risk society. Itis inevitable requirement of combating crime effectively. Also, it is a valid path tobridge the social rift. According to whether investigative power can be shared or not,the form of social participation could be divided into "power-sharing civil participation" and "procedural matters civil participation". Depending on theparticipating basis, the form of civil participation could be divided into "institutionalparticipation" and "non-institutional participation".The second part will study the institutional participation, including seizure anddelivery and the witness system. In the legislation, the nature, subject, object, effect,strength and liability of the seizure and delivery did not clearly defined. The seizureand delivery is not criminal coercive measures. It is just a means of citizens fightingwith crime."Any person" only find the one should be subject to criminal prosecution,be in the criminal prosecution process and not documented, be escaped the penaltyenforcement process can implement seized and turn over. In this process, only thesubject has "reasonable grounds", could he be exempted from the responsibility ofseized and turned over the object error. The strength of the implement must becontrolled in the limit of defending their own safety and preventing the suspects toescape. Otherwise, it shall bear the corresponding legal responsibility.The legal status, conditions, scope, rights and obligations of the witness did notmake clearly defined in the legislation. Witness is independent of the participants inthe proceedings. The witness competent to perform the duties should be requiredintellectual capacity and physical enjoyment, political rights and personal freedom, afixed residence and income conditions. The scope of witness should include thecurrent inspection, seizure, search, identification process, and expand the use to theinterrogation of criminal suspects and the cause of death identification procedures.Witness should have the right of reading the transcripts, refusing to sign, supervisingthe enforcement of public security organs, acquiring financial compensation,involving the witness process within a reasonable period of time. At the same time,the witness should also abide by the obligation of participating in the witnessobjectively, diligently and confidentiality and testifying in court.The third part will study the non-institutional participation. It is mainly analysisthe “Civil-finding mission”. The civil-finding mission is a bottom-up emergingparticipatory approach in the judicial practice. In theory, it is necessary to define andrespond to it from the angle of the characteristics, the problems, the nature and futuredevelopment. The subject of citizen-finding mission, who according to law or policytake the initiative to participating in the procedure of criminal investigation, is widelyand independently. However, it has the problem of the lack of relevant laws andregulations, lack of appropriate procedures mechanisms, lack of social credibility in the specific operation. Nevertheless, we should see that the Civil-finding missionplayed the important role in protecting of citizen’s right to know, express andsupervisory authority. For the moment, the civil-finding mission is in urgent need ofachieving to connect with the investigation provisions in Constitution. It must befocused on guarantee the investigating officers’ independent identity, personalsecurity and make detailed provisions on the instruments, the scope, the procedures ofthe investigation, etc. In the long run, considering there are limitations in theinvestigation of National People’s Congress, the civil-finding mission will be playmore important role and then become more professional and technical.