Research On The European Investigation Order System

With the development of a unified European market,the elimination of internal border checks and the free flow of personnel have brought about economic development,but the difficulty of cracking down on transnational criminal activities has also increased.In order to effectively deal with the complicated and serious security situation,cross-border criminal justice cooperation has become an important way for the EU to combat transnational crimes.The European Investigation Order System is the latest achievement made by the EU in the field of criminal justice cooperation.By studying the European Investigation Order System,it can help to accurately grasp the current development trend of the EU in the field of criminal justice cooperation and provide a useful reference for China’s criminal justice cooperation system.This essay starts from the legislative background of the European Investigation Order System and looks for experience that is worth learning from the analysis of the operating mechanism of the European Investigation Order System.This article is divided into four chapters.The first chapter introduces the legislative background of the European Investigation Order System.First of all,it analyzes the theoretical basis of the European Investigation Order System.It points out that its theoretical basis is derived from the principle of mutual recognition.The gradual transition from the mechanism of mutual assistance to the principle of mutual recognition in the EU criminal justice cooperation can be more adapted to the need to rapidly crack down on transnational crimes.Secondly,it reviews the formation of the European Investigation Order System,carding the historical development context for the other chapters.A new solution is needed to unify the application of the law,because of the fragmented and complex framework of obtaining criminal evidence abroad and its limited scope of application,thus,the European Investigation Order System is introduced.The second chapter discusses the operating mechanism of the European Investigation Order System,introduces the main content of the European Investigation Order System,clarifies the scope of the European Investigation Order,analyzes the issuing of the European Investigation Order,including the issuing body,issuing basis and issuing conditions,set forth the execution of the European Investigation Order,focusing on flexible execution of the execution state,grounds for non-recognition or non-execution of the European Investigation Order,discusses the European Investigation Order legal remedies,whose substantial changes before and after reflect the emphasis on the protection of human rights.The third chapter analyzes the European Investigation Order System,in order to adapt to the needs of improving the efficiency of the EU criminal justice cooperation,the European Investigation Order System integrates the former fragmented rules with unity,takes legal system differences of the Member States into account with flexibility,and promotes the integration of criminal procedure of obtaining evidence abroad.However,the pursuit of the efficiency of obtaining criminal evidence abroad does not make the European Investigation Order System provide for the admissibility of evidence,and there are some deficiencies in the protection of the accused and the third party,meanwhile,the difference of legal terminology translation is prone to cause ambiguity in the implementation process.The fourth chapter reverts to the criminal justice cooperation system in China.Combined with the enlightenments of the European Investigation Order System,we can consider improving the criminal justice cooperation system in our country by updating the concept of criminal justice cooperation,perfecting the procedure of obtaining evidence abroad and constructing a new type of criminal justice cooperation mechanism.