On The Mandatory Investigation Legal Doctrine

According to the investigation being the relative voluntarily match as the premise or not, investigation can be divided into mandatory investigation and arbitrary investigation. Mandatory investigation refers to the collection or preserve of criminal evidence or arrestment of criminal suspects and seized by compulsory means relative to the investigation, such as forcing custody (detention, arrest), search, seizure, eavesdropping, forced extraction fluid samples, and so on. Due to the characteristics of this system itself, if it was abused, it will become tool of violation of personal rights, property rights and privacy rights. Therefore, in order to prevent the abuse of criminal coercive measures, and to protect the right of criminal suspects, compulsory investigation has been produced. This article mainly introduces the mandatory investigation legal doctrine in order to make some useful recommendations for China's reform of investigation process.This article includes Introduction, text and conclusion. The text is divided into five parts.The first part introduces the basic concept of the statutory mandatory investigation. Firstly, after the examination of the concept of the investigation, this part further analyses the concept of mandatory investigation and arbitrary investigation. After that, this part introduces the concept of mandatory investigation legal doctrine and different countries' mandatory investigation legal doctrine's several principles: arbitrary detection, mandatory investigation principles and the corresponding principles (necessity principles or proportionality principle).The second part introduces the theoretical basis of mandatory investigation legal doctrine. Specifically, this part includes: the idea of human rights protection, procedures justice theory, the balance of power theory, the principle of judicial review and compliance with the requirements of international law.The third part introduces the status of the foreign countries' mandatory investigation legal doctrine. This part is not from the perspective of the two law schools to Study the problem of Western countries' mandatory investigation legal doctrine, but from the mandatory investigation of the violations of human rights, property rights and privacy to study the issue. Among them, mandatory investigation of violation of human rights can be divided into custody, interrogated suspects and pre-trial detention; mandatory investigation of violations of property rights can be divided into search and seizure; mandatory investigation of the violation of privacy is eavesdropping.The fourth part introduces the specific performance and the causes of our country's deviation from the statutory mandatory investigation. Firstly, this part introduces the status of mandatory investigation. Secondly, this part introduces the problems of mandatory investigation deviating from the rule of law enforcement including: serious extended detention, randomly lien and Interrogation, lack of seriousness of the mandatory investigation involving privacy, residential surveillance lack of normative, repeated torture, the lack of seriousness of the release on bail. Finally, the part analyses the cause of China's compulsory investigation deviating from legal doctrine including misplaced criminal values and unreasonable detect tectonic model.The fifth part introduces the mandatory investigation legal doctrine and the reform of China's investigation process. This part gives some corresponding advices of measures system statutory compulsory, the separation of detection right, custody and mandatory detention, Establishment of mandatory investigation of judicial review system, containment of torture, and Establishment of bail system.