Non-coercive Investigation Under The Vision Of The Human Rights Protection

Investigation is not only an indispensable and independent lawsuit stage of criminal proceedings but also an important specialized lawsuit activity when the state organs and investigators participate in criminal proceedings. With the development of legalization of criminal proceedings, investigation of the criminal procedural law is facing a brand new challenge and a stricter test. A general survey of the history of the investigation system in our country shows that compulsory criminal investigation is once the synonyms for investigation. However, with the development of criminal theory and exercises, especially after the new revision of the Criminal Procedural Law makes respect and protection of human rights as a task of the criminal procedural law, the related theory of non-coercive investigation and its ideal of human rights protection begins to come into being in the field of legal institution.The paper covers four parts:Firstly, based on the theoretical principle of non-coercive investigation, the basic concept, the core elements, and the value concept of non-coercive investigation is emphatically analysis.Secondly, based on clarifying of related theoretical problems of non-coercive investigation, the performance is analyzed. Analysis and discussion have been given associated with the new non-coercive investigation types from the newly revised "The criminal procedure law of the people’s Republic of China", after which the related problems such as non-coercive investigations and human rights protection have been discussed.Thirdly, problems of non-coercive investigation and human rights protection have been researched and discussed, which include the important significance of the protection of human rights in the investigation activities,the natural human rights attribute in non-coercive investigation, and non-coercive investigation under the perspective of human rights protection.Fourthly, by focusing on the complete of non-coercive investigation in respecting and ensuring human rights as the concept, as well as in the typical practical system,rationalization proposals have been put forward from the criminal justice theory and the practice.