The Research On The Legal Regulation Of Mandatory Investigation Measure

Mandatory investigation measure could infringe on civil rights of extremely wide range, second only to the restriction and deprivation of civil rights by penalty. Due to the characteristics of the mandatory investigation measures itself, if it is abused, it will become a tool could violate citizens’ personal rights, property rights and privacy rights. To avoid the violation to individual rights, most western countries have established_a series of institutional to restrict the power of investigation. Firstly, on the purpose of the System running well, the design of the system must be reasonable and operability, which require mandatory investigation legal doctrine. The legal need to set tough requirements and procedures Secondly, the system needs an external control mechanism to protect the System running well. For this, the judicial review system has been produced. Finally, the supporting systems, such as the exclusionary rule and the rights protection System of criminal suspects, also provided a guarantee to strengthen the supervision. We did not have a judicial review system of compulsory investigation. The other rules of control mechanism are also imperfect. During the Whole criminal Procedure, extorting a confession by torture, illegal investigation, Overtime detain, and abusing mandatory investigation measure occur so frequently that criminal investigation has become the Process, which usually involves the Procedural violation.So we need to improve the control mechanism of compulsory investigative measure.This article includes introduction, text and conclusion. The text divided into four parts.The first part introduces the basic conception of compulsory investigative measures. First we start to introduce from the definition of investigation, then we have a basic understanding of the meaning of the investigation and mandatory measures. Based on this, we define the concept of compulsory investigative measures.After that, this part analyze the characteristics of the mandatory investigative measures, which contains mandatory, infringement and the limit of applicability. At last, we illustrate the necessity of restrict compulsory investigative measures. The second part mainly introduces the current situation and restriction mechanism of western countries’mandatory investigation measures. In the first place,This section take UK and USA of Anglo-American as example to explore the restriction mechanism of compulsory investigative measures, Then, take Germany, Italy, Japan of civil law system as example, This section analyze the way they approach their legal regulation. Finally this section summarizes the western countries’experience of the legal regulation on compulsory investigative measures, which contains mandatory investigation legal doctrines, principle of proportionality, judicial review system, the exclusionary rule and the rights protection System of criminal suspects.The third section analyzes so many problems in practice of the specific compulsory investigative measures.The root of the problems is our imperfect legal regulation. The sequence of the analysis conforms to our Criminal Procedure Laws’arrangement. This part mainly analyzes the problems of compulsory investigative measures, such as detain, arrest, search, seizure, technical investigation and so on. The discussion considers these factors, whether compulsory investigative measure compliance with mandatory investigation doctrine, whether it conform to principle of proportionality, whether it has a judicial review system, and whether it has relief mechanism.The fourth section proposes some suggestions about how to perfect the legal regulation of mandatory investigation measure. Our country must use the foreign experience for reference at the present stage, and then strengthen institutions and restriction mechanism. Which contains perfect our law system, introduced the proportion principle into the law, establish the system of judicial review, perfect the elimination rules of criminal illegal evidence, and establish the rights protection mechanism of criminal suspects.