On Chinese Legislation Of Controlling Over The Investigation Power

The author from the perspective of the criminal procedure legislation, based onthe basic principles of criminal proceedings, Chinas legislative control over theinvestigation right from the basic concepts of the investigation right in the legislationof Investigation the right to control the theoretical basis of investigation in thespecification the right to run the legislative situation and legislative defects and howto control the investigation right in the Legislative System Construction aspects of amore detailed collate and summarize, and from the mandatory investigation firms toestablish a direct restriction mechanism and implementation of procedural sanctionsmechanism aspects of the authors specific ideas and suggestions for improvement. Inthis thesis, including the following four parts:The nature and content of the first chapter of the investigation right. Thischapter, the author of the concept of the investigation, the investigation rightconcept, nature and content of the theoretical discussion, draw their ownunderstanding of the concept of the right of investigation, the nature and content ofcomparative analysis by scholars at home and abroad related concepts, anddemonstrated investigative powers, in essence, is an administrative rights. To clarifythe concept of the right of investigation, the nature and content of subsequentresearch provide clear Discourse.The second chapter of the legislation need to control the theoretical basis of theinvestigation right. Constitute legislation require investigative powers to control thetheoretical basis of four: is determined by the nature of the investigation rightproperty; theory of the separation of powers and checks and balances; principle ofthe protection of human rights; principles of due process. This chapter brieflysummarize them, on the control problem in the Legislative Investigative Power inChina has laid a theoretical foundation.Chapter III of the control of the investigative powers of the legislative status andlegislative defects. This chapter begins from the point of view of legislative mandates-the right to limit the current Code of Criminal Procedure on the investigation of the right to legal provisions combing and summarized. Then, from the point of view ofthe rights of the person and the right of action of the protection of suspects, theargument of the Criminal Procedure Law of the defects in the control of theinvestigation right. So that readers have a more clear understanding of the problemof Chinas Criminal Procedure Law in the control of the investigation right.Chapter IV of Investigative Power control in the legislative system build. As tohow the legislative control of Investigation rights, specific solutions to the main idea:First direct regulation of various mandatory investigative behavior to provide thescope of application of the various mandatory measures to detect and conditionsprior judicial review, implementation of procedures and violations of the legalconsequences; Second is the behavior of police, prosecutors in violation of the legalproceedings, to take an indirect restriction mechanism: illegal evidence exclusionsystem cassation system, system of litigation invalid, the termination of the litigationsystem and quash an indictment regimes that are unique to the U.S. to study how tocontrol an important reference of the investigation right in Chinas Criminal ProcedureLaw. This chapter begins with a brief demonstration investigation behavior suabilitythe meaning lift the body to receive and proceedings subsequently made a summaryof the summary of several major procedural sanctions. However, because the focusof my thesis writing is to summarize the legislative status quo on the right to controlthe investigation and defects of the existing Code of Criminal Procedure, and thencreate mandatory investigative behavior and restraint mechanisms, such as theexclusion of illegal evidence, the revocation of the original contracting, litigationinvalid and terminate the proceedings and the class system is not my thesis writingfocus.