A Study On Inquest And Examination Ruled By Law Under The Background Of The New Criminal Procedural Law

An inquest or examination is the starting point and foundation of the vast majority of criminal case investigation, an important component of crime scene investigation and one of the important sources of investigation clues and evidences in litigation.With the social growing development and progress, the call for protection of human rights and the realization of socialism rule of law has become increasingly higher. Known as a “minor Constitution”, the new Criminal Procedural Law arises at the historic moment. In today’s tide of ruling the country by law, investigation and inquest ruled by law shall be conducted. Realizing the inquest and examination ruled by law under the background of new Criminal Procedural Law adapts to the development trend of society governed by law. The promulgation and enforcement of the new Criminal Procedural Law are conducive to the further realization of investigation and inquest ruled by law. However, at present, due to the lack of unified, explicit and exercisable system criterion of the inquest and examination system and different reactions in various places, many investigation organs and investigators still hold a vacillating, wait-and-see and even defensive negative stance on implementing the new Criminal Procedural Law in inquests and examinations. In practice, phenomena such as having no laws to abide by, failing to abide by laws, laxity in law enforcement and refraining from punishing law-breakers have appeared in inquests and examinations. It is very unfavorable to cope with increasingly technology-based, intellectualized and specialized crimes. Therefore, it is extremely essential to study how to realize inquest and examination ruled by law under the background of new Criminal Procedural Law.In accordance with the thinking and logical architecture of raising questions, analyzing questions and solving questions, referring to relevant laws, regulations, books and papers, combing with several internship experiences and personal understanding, in allusion to the present statuses and cause analyses of existing inquests and examinations in China, this dissertation puts forward some ideas to reform and consummate the system of inquest and examination in China.The dissertation can be divided into three parts except for introduction and conclusion.The first part is the overview of the inquest or examination system in China. First of all, this dissertation elaborates from concepts of inquest and examination, legal nature and objectives in China and sorts out fundamental theories of inquest and examination to clarify legal natures of inquest and examination and their statuses and functions in the process of investigation. Second, this dissertation briefly discusses existing regulations of China’s inquest and examination system. Finally, it introduces thinking and impact that the promulgation and implementation of the new Criminal Procedural Law bring to the inquest and examination system.The second part is to multi-dimensionally analyze factors affecting the course of China’s inquest or examination ruled by law through the following five aspects. First, it analyzes from the ideological level and reveals that China’s inquests and examinations have difficulties in being attached importance to due to constraints of traditional investigation thoughts, such as oral confession-centrism and substantiality overweighing process, the lack of litigation consciousness and inadequate understanding of inquest and examination work. Second, from the legal level, it analyzes phenomena like not identical inquest and examination operations or inquest and examination beyond control appear in practice due to the lack of unified legislative specifications on inquests, examination main bodies, scene protection, witnesses and physical evidence preservation. Third, analyzing from teams, it reveals the existence of unstable inquest and examination personnel teams and inquests without investigations have caused the implementation of inquest and examination system has not reached the specification requirements. Fourth, analyzing from material guarantee, this dissertation finds that the evidence abilities and probative forces of evidences obtained from inquests and examinations are questioned because there are no inquest and examination apparatuses or special departments of material evidence analysis and identification and preservation. Finally, analyzing from supervisory mechanism, refraining from punishing law-breakers must result in a vicious circle of issues, such as lax legislation, failures to abide by laws and laxity in law enforcement.The third part is aimed at the factors affecting the course of China’s inquest and examination ruled by law and expounds from the following five aspects correspondingly to put forward ideas for the construction of China’s inquest and examination ruled by law. This part is the focal point of the dissertation. First, relevant workers shall alter their concepts of investigations and provide ideological guarantees for inquest and examination ruled by law. Second, inquest and examination ruled by law will be supplied with standards and bases by consummating subject qualification specifications of inquest and examination, scene protection system, eyewitness system, evidence storage system and expansion system of inquest and examination objects. Third, the construction of inquest and examination team shall be strengthened and the abilities of inquest and examination subjects to abide by rule of law should be also improved. Fourth, the government shall increase input to intensify the police by technology and offer material guarantee for inquest and examination ruled by law. Finally, the supervision and restriction mechanism of inquest and examination should be perfected to provide a healthy atmosphere for inquest and examination ruled by law.