Research On The Control Of Investigation Power In China

The handling of criminal cases is an important part of national management.The criminal power,especially the investigation power,will inevitably have the tendency of crossing the boundary of power and infringing upon the basic rights of citizens.Therefore,the control of investigation power is an important issue.The control of investigation power in our country has made great progress in the process of continuous development,which must be affirmed.At the same time,there is still room for further improvement in this field.We have seen that,from the aspect of legal norms,there are some immaturity in the provisions of investigation power,quite a few provisions are slightly inappropriate.From the aspect of the practice of investigation power,it pays more attention to efficiency,which causes the violation of the fundamental rights of citizens.From the aspect of system,our country is short of mature system to restrain or improve the improper circumstances of investigation power.In order to explain the above situation clearly,and further improve the control of investigation power,the author writes this article.This paper is divided into three parts.The first part is an overview of the control of investigation power.In the first section of this part,the author analyzes the concept and characteristics of investigation power,analyzes the power attribute and special characteristics of investigation power.In the second section,the author analyzes and explain the control of investigation power theoretically,explains the root cause of the control of investigation power,clarifies the fundamental law of the control of investigation power,that is the Constitution.The realization of investigation power control is also analyzed.In the third section,the author analyzes the legislative practice of the control of investigation power from the perspective of the Constitution and the Criminal procedure Law,and reveals the development and changes of the control of investigation power in China.The second part is about the deficiency of the control of investigation power in our country.In the first section of this part,the author analyzes the inappropriateness of a few legal norms concerning the investigation power,which involves technical investigation and truthful confession.In the second section,the author analyzes that there are some difficulties in the post-relief of investigation power infringement,collects the cases of the state compensation caused by the improper exercise of theinvestigation power in China's adjudicative document network,and makes a statistical analysis of such cases to point out that the amount of post-relief of investigation power infringement in our country is relatively small,and the result of relief is not very optimistic.The third part is the improvement of the control of investigation power.Based on the writing and analysis of the first part and the second part,the author puts forward the way to improve the control of investigation power.The first section,from the legislative point of view,modifies the improper legislation on the investigation power to make it more perfect.In the second section,the author advocates the establishment of a judicial writ system which can be more helpful to the prior examination and in-service relief in case of the exercise of investigation power and allows the court or judge to achieve the balance between the civil rights and the investigation power.The third section puts forward to construct the system of lawyer's presence in interrogation,to exercise the right of defense better,and to restrict the power with the right.