Study On The Standardization Of Investigation Act

Investigation stage is one of the most drastic processes in confrontation between state power and infringement of the suspects’ rights. Considering that the traditions of legal culture, the impacts of politics and the reality requires in China, national investigation procedure is instituted as a litigation pattern of super-ex officio. To prosecute crimes and ascertain the truth, the investigation organization possesses almost unfettered and strong authority, on the contrary, which makes the infringement of suspects’ right vulnerable. Due to the excessive expansion of investigation power, the civil rights are often infringed, which is responsible for occurrence of some illegal activities, such as extorting confessions by torture, illegal research, unlawful seizure, etc., at this stage in China. Following the concept of human rights is gradually rooted and spread, effective protection of infringement of the suspects’ rights is increasingly bringing people’s attention. How to regulate the investigation act, therefore, will become focus of people’s attention in China.This research is consisted of four parts. The first part is about concept definition. Some essential concepts, relating to investigation act, will be clearly analyzed and classified, and confine the boundaries of these concepts in research writing. The second part is involving the implementation principles of investigation act. By analyzing and demonstrating those implementation principles, it helps us to confirm the theoretical foundation and fundamental factors of improvement and standardization of investigation act. The third part concerns the situations and reflections of investigation act in China. In this part, referring to the latest revised Criminal Procedural Law in 2013, the researcher attempts to understand the efforts of standardization of investigation act, and also finds out the inadequate aspects in that. In the last part, researcher draws a conclusion that the investigation act operation will be more normative by institutional establishment and improvement in China immediate future.This research attempts to promote the standardization of Chinese investigation act, which through applying comparative analysis and literature research of situations and reflections about it, as well as correlating to the authority supervision and restriction system of investigation act overseas...