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Research On The Starting Conditions Of The Mandatory Investigation Power

Posted on:2018-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z S ZhangFull Text:PDF
GTID:2346330515990143Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Mandatory investigation power is the investigative authorities to ensure that the special investigation works carried out smoothly,collecting and preserving the evidence,and then seized the suspect to make the justice by the use of the compulsory method.Mandatory investigation power once adopted,it will involve a wide range of civil rights,the infringement of citizens' rights will be different with the operation of the enforcement power.As the mandatory investigation power has a characteristics of infringement,once abused,most likely to violate the personal freedom of citizens,property security and privacy.Therefore,the law system of western countries under the rule of law have to limit their starting conditions of mandatory investigation power strictly.However,the starting conditions of mandatory investigation power in China are imperfective,also has many places need to learn from the country under the rule of law.Especially the judicial review system is very important to the starting conditions of mandatory investigation power.After all,this is what our country lacks.So,we need to study the improvement of the starting conditions of compulsory investigation.Besides introduction and conclusion,this article is divided into four parts.The first part mainly discusses the basic connotation of the mandatory investigation power.This part of the comparison from the mandatory investigation and arbitrary investigation,the definition of mandatory investigation power is defined.Then author analyzes the characteristics of compulsory investigation power,including mandatory,infringement and applicable restrictive three characteristics.Finally,it analyzes the necessity of studying the starting condition of compulsory investigation power.The second part mainly discusses the operation status of the compulsory investigation power of the western countries under the rule of law.First of all,from the United Kingdom and the United States to start the analysis of the Anglo-American law countries forced restriction on the starting conditions of compulsory investigation,and then explore the civil law countries in Germany,Italy and Japan,the three countries' regulations on the starting conditions of compulsory investigation.Finally the author concluded the experience of these countries on the starting conditions of compulsory investigation,namely the judicial review mechanism and the principle of proportionalityThe third part mainly analyzes the shortcomings and reasons of the starting conditions of compulsory investigation in the current legal provisions of our country.According the order of summon by warrant,detention,arrest,technical investigation,compulsory examination,search,seal and seizure analyzes the specific starting conditions and then analyzes the problems existing in current starting conditions of compulsory investigation,including human rights protection is insufficient and ineffective supervision.The fourth part puts forward the corresponding suggestions on the perfection of the starting conditions of compulsory investigation in our country.Firstly,this part analyzes the necessity of perfecting the judicial review system and perfecting the system from the subject and content of the judicial review.Secondly,Principle of proportionalitymust be implemented in the field of criminal litigation.Finally,correspond to the third part,the specific starting conditions of compulsory investigation are proposed.
Keywords/Search Tags:Mandatory measure, Power of investigation, Starting conditions, Judicial review
PDF Full Text Request
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