On The Perfection Of China's Criminal Investigative Experiment System

Investigative experiment as a statutory investigative measure has long existed in our country's criminal proceedings,but as a dangerous criminal investigation means,the law does not make specific provisions for it.At present,from a legislative point of view,precisely because of the vagueness and omission of legislation,there are internal rules and judicial interpretations of different standards of public security organs and procuratorial organs.In practice,this is also caused by the two cases in their respective jurisdictions Within.As a result,the vacuum of law exacerbated the confusion and disorder that apply,leading to the over-power and misconduct of the organs of power in practice.Based on this kind of situation,we start with the investigation of the legislation of investigation experiment,deeply examine the malpractices in legislation,and then analyze the actual cases to find out the shortcomings in practice.At the same time,it makes a comparative study of relevant regulations outside the region and finds beneficial experiences from the other countries.The purpose is to prevent the abuse of investigative powers and protect the rights of citizens,so as to improve the system of investigative experiments in our country.All in all,the investigation experiment must take the law as the main regulatory measure,supplemented by the judicial interpretation and investigative agency handling provisions,and responded to both the legislative and practical aspects(including investigation,prosecution and trial phase).In the legislation,it is necessary to clarify the scope of the investigation,the criteria for its examination and approval,the conditions for its implementation,the relevant implementation principles and the system of participants.In practice,it is necessary to implement the presence of the judge and the presence of the lawyer so as to safeguard the lawyer ' Uninterrupted independence status and establishing specific standards of evidence collection and acceptance.From the point of view,from abstraction to concreteness,from investigation to trial,the all-round protection of the criminal suspects' legal rights in criminal proceedings is enforced through legislation,Supervision of implementation and evidence sanctions,so as to strengthen the regulation and supervision over the investigative powers and guard against their strife against civil rights.