On The Litigation Of Temptation Investigation In China

The temptation investigation lawsuit protects human rights effectively, promotes the correct exercise of temptation investigation. According to the principle of power restriction, combination of the three parties in accordance with the procedure law's requirements, so that establishing and perfecting the temptation of the indictment right exercise, optimization of the applicable conditions and scope of the temptation investigation procedure, so as to express the legalization of the temptation procedure, the universality of a series of investigation activities. Temptation investigation into lawsuit,it can solve the insufficiency of the temptation investigation itself, not only effectively restrict the temptation of the implementation of the indictment, safeguard the legitimate rights of criminal suspects but also improve the related theory of temptation investigation system in China. The importance of temptation investigation is that strict decision temptation investigation of the implementation of the conditions,strict decision temptation investigation of the rules and regulations measures, strict behavior decided to have spread out in his left hand legitimacy. In our country temptation investigation at this stage of the legislation is insufficient,practice investigation of the existing problems, it is necessary to draw lessons from the United States temptation investigation litigation is changed day of the three parties has three main body structure rain Japan temptation investigation litigation is changed experience. The establishment of the temptation to adjust our country investigation of the program legal choice,proportion principles and judicial review choice. It is necessary to clear the temptation to investigation scope, examination and approval mechanism as well as illegal temptation investigation of relief measures, as well as necessary to strengthen the prosecutors supervision apply, strengthen illegal evidence to rule out system.