Research On The Principle Of Proportionality In Coercive Investigation

The principle of proportionality performs undoubted function in controlling public authorities,it should be applied in investigating procedure,because power of investigation is a is highly likely to be abused in criminal procedure.In the matter of the use of coercive investigation,the principle of proportionality can examine the relationship between public authorities and private rights,find the perfect balance between fighting crime and protecting human rights,and provide guiding management for the design of coercive investigation system.Our country’s criminal procedure law hasn’t defined the concept of coercive investigation,but most investigations are more or less coercive,legal regulations need to be improved.Although the systematization and time limit of coercive investigation measures and the severity and social danger of prosecution’s crime to some extent reflect the principle of proportionality,the effects of the review,supervision,and relief of coercive investigations leave much to desire.Therefore,it is necessary to analyze the structure of our country’s coercive investigation system from the aspects of appropriateness,necessity and proportionality,exploring the way to apply the principle of proportionality more effectively to the field of coercive investigation in China.Based on the study and reference of the principle of the proportionality of coercive investigations in different countries,combined with our country’s coercive investigation legislation and the actual situation of practice,this paper puts forward ideas to improve the principle of proportionality in coercive investigation of our country.In order to give full play to the role of "controlling coercive investigative powers and safeguarding citizens’ basic rights",we should establish the principle of proportionality in legislation,rely on a judicial review system that comply with national conditions to implement the principle of proportionality,meticulously regulate the proportion of detention,arrest,forced sampling,and technical investigation.