Study On Evolution And Improvement Of The Operating Mechanism Of Chinese Military Investigation

The investigation function of Chinese military is exercised by PLAGeneral Political Department Security Department and other MilitarySecurity Departments, and the function is under the People’s Republic ofChina laws and regulations, as well as Army regulations, rules. ChineseMilitary Security Departments fulfill dictatorship functions and preventand fight against the damage from spies、counter revolutionaries and thecriminals in the army on one hand, and on the other hand，ChineseMilitary Security Department protect soldiers’ rights to make sure the army’s inner harmony.Chinese Military Investigative Operation Mechanism is improvedwith the army’s establishment and development. The present ChineseMilitary Security Department’s investigation function includes two parts:prevent the hostile elements from damaging outside; investigate andpreliminary examine the criminal cases related with Army inside. With thedevelopment of our country’s legalization, Chinese Military InvestigationOperation Mechanism has been improved in standard and legalization. ChineseMilitary Investigation Operation Mechanism, the Military Procurator ateandthe Military Court contribute to a scientific military judicial system. Butthe defect of investigation operation mechanism, which is caused by theno change of it in the last half century, leads to the Army can’t face thenew situation mission well. The issue is mainly discussed in thefollowing several aspects: the weaken of investigation organization’sfunction; the independence of the exercise of investigate; the fallingbehind of military security departments’ investigation skill, etc.This thesis is going to discuss Chinese military investigationoperation mechanism in four parts from the perspective of theinvestigation organization and the exercise of investigative power. Thefirst part will be discussed about the gradual process of Chinese militaryinvestigation operation mechanism, and answer the question what is themilitary investigation from the perspective of history. In the second part,author will comment on the present Chinese military investigation operation mechanism and find out the problems of Chinese militaryinvestigation work. In the third part, author will comparative researchAmerican Military Investigation Operation Mechanism, and will refertheir good ways. In the forth part, author will provide some suggestionsto improve Chinese military investigation operation mechanism from theperspective of the setting of investigation organization and the exercise ofinvestigative power.