Study On The Right Of Investigation Procedural Regulation

In order to adapt to the requirements of the social development and resolve the out standing problems in the judicial practice,and changes in the criminal procedure law in 2012 to strengthen the control of the indictment,the addition of article 115 of the rules of judicial organs and their staff for the first time when there is a illegal situation investigation measures of complaints,charges and handling procedures,make investigation measures used by certain restrictions and supervision;New article 54 to 58 established connotation and exclude illegal evidence procedure,application of investigation behavior constraints.In the third plenary session of the 18th,the fourth plenary session also proposed a series of judicial reform measures;these measures on indictment of the regulation put forward some guidance.This article is to constantly move forward in the current judicial reform era background of explore the procedural regulation of the overall architecture of indictment,and systemic regulation,of the power of the solution in the current social indictment to abuse,misuse has triggered a series of problems,so as to protect the legitimate rights and interests of citizens.In this paper,from the overall analysis our country indictment procedural regulation of the basic system structure:the main internal self-discipline of hierarchical control,auxiliary for external heteronomy of decentralized control.By the overall pattern of exploration into the system architecture,the author thinks that the mode is a division of linear mode,the traditional way is to the utility of the wizard control mode is not thorough procedural relief,relief,all of these reflected the indictment procedural regulation system is incomplete and the weakness of existing system.So as comprehensive a new round of judicial reform gradually deepening,carding of the operation situation of China's indictment,examines the plight of the indictment procedural regulation,discusses indictment procedural countermeasures and future direction of the perfection of regulation,the study of indictment is strong theoretical and practical significance.Article,first of all start from the main body,content and characteristics of indictment,to distinguish the public security organs,procuratorial organs indictment clear the connotation of power,analysis the two relations in the process of investigation with cooperation model to promote the use of power,put forward the indictment has launched the initiative,pointing to the prosecution,the collaborative operation,methods of flexibility,discretionary decision,the personal characteristics of the cutting.Through the above discussion again on the basis of tort theory,procedure control,the theory of human rights protection and so on related content,reveals the indictment procedural law regulation,should both comply with the requirements of indictment nature also have limited discretion,flexible choice,the function of the rationalization process,involved in the implementation of the main body,object is carried out and the whole judicial system has extremely important meaning;Second on the procedural regulation of the indictment targeted review,is line with the 1982 constitution,the laws and regulations for the investigation of the related regulations in full and deep comparison,combining the reality of the specific conditions of the investigation performed,sums up the current indictment procedural regulation exists investigators idea deviation,laws and regulations system is not sound,deficiency of supervision mechanism,the lack of responsibility mechanism of implementing;Based on the reflection on the problems put forward the corresponding countermeasure,from set up the concept of due process to improve the legal system to the supervision and finally to the implementation of the responsibility,form a scientific and complete system,system and comprehensive to build indictment of procedural regulation,improve the operating mechanism of indictment for application of power effectively.So can base on the rule of China's development,make the procedural justice light each links and corners of the investigation process,the maximum to avoid the innocent in the French open,promote judicial justice,safeguard human rights.