A Study On The Disputes And Problems Of Criminal Investigation

The theory is that people understand and discuss the knowledge of things,but also the meaning of right and wrong.The theory of criminal investigation of course is the theory and analysis related to criminal investigation,with the formation of the correct guidance of the criminal investigation,to achieve the purpose of criminal investigation.The Decision of the Central Committee of the Communist Party of China on Several Issues Concerning the Administration of the Law in Accordance with the Law of the People's Republic of China "clearly put forward the reform of the trial-centered litigation system," and the reform of the procedural center to the trial is not an easy thing,is a complex process of gradual progress,"including the court exercise the right of trial independently by the law,to achieve the cross-examination of evidence in the trial,the facts proved in the trial,the verdict made in the trial,all those activities shall strictly implement the rules of illegal evidence.Abide by the principle of litigation of division of labor,mutual cooperation,mutual restraint,to strengthen the neutral and objective of the trial activities." Therefore,the trial-centered litigation system reform is not only involved in the trial stage,but with the criminal investigation,review and prosecution involved,otherwise the reform of the trial-centered of the litigation system will be like the air pavilions,lack the premise and foundation,and the reform will eventually die.It is a kind of preparatory stage of the trial,which is a key reform for the current situation of trial in our country.It is pointed out that the criminal investigation and prosecution work in the process of criminal proceedings cannot play a decisive role in the final judgment of the court.This judicial reform has brought great challenges to the theory of criminal investigation.In the framework of the old system,the development of the detection theory is clearly unable to correctly guide the criminal investigation work,so in the process of reform and adaptation,there are many different voices,there have big argument between the old and new theory,including the purpose of criminal investigation,the ideas of criminal investigation,the behavior control of criminal investigation,these three aspects is precisely in the work of criminal investigation,about different degrees of disputes and problems,covering most of content among the criminal investigation.Under the new trial-centered litigation system,how to establish the criminal investigation theory in line with the development of the situation,it is the research focus on how to settle the current theoretical dispute.The first chapter,the controversy of the purpose of criminal investigation,under the background of the judicial reform,from the perspective of the litigation process,in addition to reflecting the inherent quality and attributes of the criminal investigation;it must start from the overall litigation structure and to serve the trial as the purpose under the context of judicial reform.At present about the meaning of the purpose of criminal investigating,there is a split phenomenon,and with three different theories: the theory of independently,the theory of preparation for prosecution,the theory of preparation for trial.This chapter mainly introduces the above three objectives from the objective theory level,the second,by the current situation,make evaluation of those theories,and finally to determine the perspective of the trial center under the view of the purpose of the trial-centered.The trial-centered as the requirements of reform,mainly related to procedures structure,so in the field of trial-centered to study the purpose of criminal investigation,we must look at the whole process of criminal proceedings,within the framework of the program to define the purpose of criminal investigation,so that the purpose of reconciliation to the trial as the center of the criminal procedure system,from the legitimacy of the program,out of the trial process of positive services and cooperation,establish the theory of trial prepared.The second chapter,the renewal of the concept of criminal investigation,from the sense of awareness of the behavior of the criminal investigation,remove the retribution of the one-sided purpose of the criminal investigation,clear strike combine the protection and protection of human rights,criminal proceedings as an irreversible process must be objective to consider the effectiveness of criminal investigation,and cannot blindly arbitrary,only pursuit rate of detection.From the change of thinking,change the idea of power standard,establish the awareness of the rule of law awareness,from the angle of legislative of criminal laws,search and practice out of the crux of the problem,to fulfill the substantive justice;From the perspective of the criminal procedure law of the judiciary,to find the chaos in the field of criminal investigation behavior,make the procedural justice.Simply put,from the theory of law,the judicial positioning of the criminal investigation,the evidence to determine,make a establishment of a new theory,abandon the old unscientific backward theory.In the third chapter,the control of the behavior of criminal investigation,on the basis of dispute resolution of the first chapter and the second chapter,from the behavior control level to anatomy,found that the system of transplantation is not adaptable,the chaos of behavior control of criminal investigative.To set up a system of behavior control under the background of trial-centered,understand the theory in deep,to guide the practice,so that the results efficiently.So as to improve it,so that make the use of legal measures become legalization,accurate,rigorous.In order to ensure the legalization,accurate,rigorous,it is necessary to control the use of the criminal investigation measures,to proceed from the two latitudes of the legislative control and restrictions and supervision,to sort out the legislation and make suggestions;elaborating from the internal supervision,restrictions and external supervision.