On The Establishment Of Investigator System In Our Country

The long-term administrative review system established in our country has a strong administrative color and the judicial nature of investigation cannot be effectively demonstrated.Making decisions in the form of collective research also makes it difficult to investigate the responsibility after the occurrence of a wrong case.Organizing investigators is an institutional system that focuses on the actual investigation of criminal cases and effectively interfaces with the system of accountability of forensic examiners in order to strengthen the responsibility of investigating cases.Whether the investigation of the factual evidence can stand the test of the courts and the law directly affects the smooth progress of the follow-up prosecution and trial procedure,and it also becomes the key point for whether the criminal proceedings can achieve fairness and justice.The establishment of the system for hosting investigators makes the specific investigators of investigation cases move from behind the scenes to the stage,and has realized the role that the organization and the organization responsible for the investigation have held for a long time and has assumed the responsibility for the investigation personnel.Change has become a bright spot in the reform of public security system in our country.In recent two years,it has been widely concerned by theorists and investigators.From the establishment to the implementation of any system,it is bound to rely on a certain theory.The construction of the system of hosting investigators is no exception.Its theoretical basis is mainly composed of the police self-determination theory and the power normalization theory.The construction of the system of investigating the investigators has an extremely important function in improving the quality of criminal case investigation,advancing China's judicial responsibility system more scientifically and rationally,optimizing the investigation operation mechanism,and preventing false positive and wrong cases from the source.This article starts with the theoretical basis for hosting the investigator system and the feasibility of institutional construction,and takes the case of hosting investigators in various regions of the country as the starting point.Based on an in-depth examination of the main contents of the pilots in various regions,the deficiencies in the pilot process were analyzed.The basic principles that should be followed in the process of establishing the organization of the investigator system,the identity of the host investigator,the scope of application of the case,and the premise of the relationship between the investigative power and administrative power,other investigators,and other departments and police types The deficiencies in hosting the system of investigators in the trials,combined with the actual investigations in China,put forward the following design concepts for hosting the investigators system in China.First of all,improve the selection mechanism for hosting investigators and specify the proportion,standard,scope and election procedures for hosting investigators.Secondly,it is necessary to clearly define the responsibilities and powers of the investigators and seek a balance between the delegation of powers and checks and balances so as to prevent alienation of the powers of the investigators.Thirdly,it explores and investigates the system of investigators' independent case handling,clarifies the responsibility of case handling and sets up the corresponding exemption mechanism so as to implement the lifelong system of hosting investigators for handling cases.Finally,it is necessary to optimize the supervision and assessment mechanism for investigators and improve the corresponding occupational protection mechanism.