Research On The Improvement Of The Criminal Court Investigation Procedure In China

In China, the setting of the he Criminal Court Investigation Procedure is strongly characterized by authorization. Indeed, the judgement lost its position as a center in judicial practice. It is exposed not only by the fact that the court has no necessary constitutional authority and status during the organizing process, but by the fact that the legislative body didn’t treat judgement as a center in accordance with the whole process, or even failed to admit the judgement’s extent influences on investigation, prosecution and evidence principle. Although the amended code of criminal suit imported great experiences from some law-ruled countries, he Criminal Court Investigation Procedure still has some problems in sense of system setting. And instead of being solved, some of those remained problem even got worse after reformation. Thus, it is obvious that legislation didn’t emphasize the importance of he Criminal Court Investigation Procedure.The problems of he Criminal Court Investigation Procedure is not merely a drawback of judging process, it is also a revelation of the inherent defects in the entire field of criminal suit. The intense movement of making legislation administrative in the court determines the direction of judicial procedure, making the judgement failed to found on he Criminal Court Investigation Procedure; the drawbacks of he Criminal Court Investigation Procedure such as the shortage of the defendant’s rights, lack of decent putting and inquiring to the proof, and the judge’s partial attitude may make it harder for the court’s investigating function.In order to build a sound Chinese he Criminal Court Investigation Procedure, use justice theory and Criminal Theory of Subjectivity to guide us, and put the theories into practice; improve the judge’s independence, so as to create a platform for the court’s investigating function; regulate the ways of prosecution; respect the defendant as a subject through putting the enquiring procedure to the end, giving the defendant a right to prevent himself from enforced persuasion and a right to keep silent, strengthening the lawyer’s right to defense; make the pre-judgemnet system rational, and standardize the methods of putting proof; make the witness’ presenting system complete, standardize the cross examination procedure; intensify the restriction of the judge s court investigating right; let the court which placed a case host the procedure of Exclusion of illegal evidence, and the operation of this procedure should be handled during the pre-judgemnet process.