The Research On The Moderate Opening Principle Of The Criminal Investigation

In recent years,our country to improve the judicial credibility,the judicial organs have taken sun public justice,investigation and a series of important measures.Along with the deepening of judicial reform gradual and perfect,the people are looking forward to more and more strong,the judicial openly with the continuous improvement of information technology and the rapid development of Internet,social media supervision over the judicial work and report to grow,indications that judicial authorities intensify judicial reform,innovative forms of public investigation situation,it is imperative to increase the transparency of judicial work,in order to better accept supervision from the people and society.The purpose of criminal proceedings,generally speaking,there are two points,one is to punish crime,and to protect human rights.Investigation of the application as an important part of criminal lawsuit,should include in the above two purposes.Now the investigation organ in the investigation activities use investigation more public principle,which also have secret investigative measures,although this kind of situation,from the starting point,the penalty crime,really able to quickly and thoroughly to handle the case.But the way of investigation organ not publicly also creates being frequently occur in the judicial practice in our country,such as torture,confession,being made in court,etc.,it largely related to investigation activities don’t open.Therefore,to make reasonable investigation activities from the procedural rules and restrictions,to protect the legitimate rights and interests of criminal suspects from illegal infringement.Change a point of view,for the work of investigation,if we could never openly into appropriate public,as a result,many problems can be solved.Therefore,investigation of appropriate public research,is not only a change of the concept,but also a kind of institutional innovation.Both like investigation public principle of legs,be short of one cannot.Writing of this article is from the two points,analysis,induction,comparison method,through the example of adjuvant,thus illustrating with surveillance moderate public principle to replace the existing public principle of rationality,and moderate public do system design on how to do it.On this basis,this paper will be divided into four parts:The first part around the investigation elaborates the basic theory to moderate public principle.In this section,the author first expounds the concept of investigation,the second is investigation of moderate elaborates the principle of open,public principle of the investigation is under certain investigation structure,enjoy public power of investigation the main body in the process of investigation activities,by the moderate way to subject public investigation activities associated with the basic requirements.The second part mainly introduces the legislation present situation on the investigation of moderate public principle in our country,and dilemmas in the process of applicable legislation.In this section,the author on the legislative status quo of coercive measures of our country present stage in detail,and the investigation of moderate openly in the judicial practice,analyzes the difficulties faced by.The third part mainly introduces the investigation public principle of international practice.In this part,the author abroad about investigation of moderate public laws and regulations of the classification and evaluation,and open to the outside about investigation exceptions to the list,to build China’s judicial system of public reference.The fourth part mainly around the investigation of moderate the conflict and balance between public and private.First,around the investigation of moderate publicly and detect the conflict between public explanation and analysis.Secondly,from the fundamental starting point to find similarities,to achieve the balance between appropriate public and private investigation mechanism.The fifth part is the main content of investigation of moderate public principle system in China.This part the author mainly around the detection principle of public building defining the object,content,and the corresponding building mechanism do a rough idea,in the hope of eventually form investigation of public and private balance mechanism.