Investigative Procedures In The Judicial Investigation System

The old criminal proceedings in China adopts the inquisitorial system, and we basically accept the accusatorial procedure system (seen by provisions), after trial proceedings is modified by the new criminal proceeding law. But there is the only fatal defect that we do not reform the procedure of investigation and keep the primary structure of investigation of offences. What is its effect? We can figure of speech, if we want to attack a city, we don't think of capturing city gate (the procedure of investigation),but firstly enjoy constructing inside city(trial proceeding).It is a illusory building in sky. Due to this introspect, the author think that introducing judicial review is the issue of the reform of the procedure of investigation.The dissertation consists of four Chapters, besides an introduction, including about 31'000 words.Chapterl demonstrates theory founds of the judicial review. The author divides it into four aspects: rule by law, separation of powers and restriction, human rights, procedural justice.Ghapter2 studies the system of judicial review of the west advanced countries(include Japan).First, they all allocate subjects of judicial review to the neutral judicial officers(the judicial officers are different from the trial officers).Second, the way of judicial review includes four types, the first is judicial authorization, the second is detaining for procedural hearing, the third is judicial remedy and the fourth is exclusionary rules. Third, the author inspects the scope of judicial review and divides it into two aspects, i.e., compulsory investigation measures and compulsory investigation to proof.Chapter3 first discusses the control and supervision of compulsory investigation measures in our legislation, and then takes about its defects.Chapter4 is the conceivability of the establishment of the system of judicial review, the author divides it into four aspects, i.e. macroscopicreform, design of concrete system. In first aspect, the first is the idea reform, the second is the determination of the power of prosecution, the third is the return of judicial right, the fourth is the establishment of the integration of police and prosecutor . In second aspect, using the experience of other countries for reference, the author sets forth three sides, such as the subject of judicial review, the way of judicial review, the scope of judicial review, and each side has the concrete plan.