Power Of Investigation Is Running A Number Of Issues To Study

Criminal Investigation Authority, as the source of investigation bureau, Prosecution Authority and Judicial Judgment Authority constitute the base of criminal litigation. The research on the operation of Criminal Investigation Authority, identifying the concept, nature, composing, operation and supervision of Criminal Investigation Authority, is the basic area of Criminal Investigation Theory. These several years, most of the research on Investigation from litigation society originated from Human Rights protection, various solutions for constraining Investigation Abuse. It is consensus that Human Right protection is very essential in Investigation operation. However, for a better picture of Criminal Investigation Authority operation, we should explore further extensive scope besides Human Right protection. This dissertation will analysis and recompose some basic elements of Criminal Investigation Authority, from Investigation Theory view, hope to improve the basic theory research of Criminal Investigation, also provide a helpful reference for investigation practice. Total word account: 30,000 word, 3 chapters 1st chapter. Overview of Criminal Investigation Authority Firstly, identify the concise concept of Criminal Investigation Authority from origin, function and practice of China, comparing with common law, civil law and our litigation society existing theory. Secondly, on the analysis of diverse view of Criminal Investigation Authority posted by existing theory, point out the exclusive function of criminal investigation, namely dual nature of Justice and Administration, which cannot be absorbed by Prosecution Authority. Finally, from litigation view, based on Human Rights protection, analyze the due process of Criminal Investigation Authority. Based on the observe from the litigation theory and justice practice, proposed that the Criminal Investigation Authority must be granted by National Highest Legislation Authority, the operator must fulfill competence requirement. As supplement, proposed some essential principles we must established for better operation.2^nd Chapter The composition and operation of Criminal Investigation AuthorityFirstly with the observation of Investigation history in the world, stipulate that the establishment of Investigation Authority is not the due result of power recomposing. Besides the professional design of power pursuing for better balance, the investigation authority also display the intensive link with social division accompany with social development. Secondly, outline the trend of further development of Criminal Investigation Authority from international view, mainly from two aspects, Profession in Investigation Authority composition, three distinct investigation operation processes. Lastly, detailed review the current practice of Qiminal Investigation Authority in our country, and proposed several solutions to improve it3rd Chapter Supervision on the Criminal Investigation Authority Firstly, scrutinize of current supervision practice in our country. Point out the conflicts between police investigation and prosecution supervision, even for prosecution internal' also. These conflicts dramatically influence the efficiency of operation of Qiminal Investigation. Consequently all the related litigation process has been affected Based on this situation, list out the promotion design. For internal process, reshuffle the supervision authority in four aspects. For external process, three aspect constitute a complete supervision system included more advanced writ system, justice scrutinizing and other related issues.