Research Of The Separation Of The Power Of Investigation And Custody In China

Investigation detain discrete system refers to the investigation of executive power and performs separate custody, the custody of the decision by the court management system, which is independent of the public security organs, the detention house to no interested third party management, at the same time is decided by the court to review whether need before the trial of the criminal suspect or defendant in custody. At present, the jail as pending custody, it belongs to the public security organs, like the investigation department belongs to the internal institutions of public security organs. In certain cases, the place of the pending custody needs to cooperate with the authority of investigation department to carry out their work. Detention center need to cooperate with the investigation department to have custody of criminal suspects for questioning. Should be in a neutral position in the jail because of its shoulders the responsibilities of dig crime, it couldn’t be as neutral to escort the criminal suspect and defendant. As detained brother unit reconnaissance departments because its also has custody of the decision, make them more widely won the indictment, investigation department of the indictment tend to be beyond the scope of should have, in this case the legitimate rights and interests of the criminal suspect in custody or is likely to be restricted. Under the influence of oral confession, torture. Build investigation detain discrete system not only should the investigation organ and custody authorities separation from the system, more needs to be detained the decision from the public security organ, to court and be responsible for the decision and review. Build investigation detain division system in China is not just about the significance of protecting human rights, more important is to maintain justice, only fair procedures to ensure the smooth operation of the litigation activities, protect the lawful rights and interests of the parties involved in litigation. Reasonable change custody decisions and review of the main body, can make the criminal suspect or defendant in custody before get good protection, to prevent their passive into the investigation organ.This paper will be divided into four parts:the first part, mainly deals with the basic principle of the system of investigation detain, revealed the connotation and types of investigative detention system, and discusses investigation detain system to establish the right checks and balances, such as human rights value. The second part, through the full analysis law countries and common law countries about investigation detain system, summarizes the experience of the countries in the judicial practice and investigation of establishment and improvement of the custody system of our country to provide information to help. The third part, looked back at the history of our country investigation detain system, analysis of the status quo of China’s system of investigation detain, find its defects and investigation detain trends of the reform of the system. The last part, through the above analysis of the status quo investigation detain system in China, the disadvantages found in order to draw lessons from foreign advanced system, proposed the idea of separation of investigation detain. Establish a both to the lawful rights and interests safeguard the criminal suspect or defendant, and can reverse the prompt investigation department improve the efficiency of detection, and in custody during investigation can juggle multiple system. In a new round of judicial reform under the great background, for investigation detain discrete system finally realizes the realistic ways and means.