The Comparative Study On The System Of Investigation At Crime Scenes

Investigation at crime scenes plays an essential role in the process of the disposition of all kinds of cases, especially in the process of the preliminary investigation into criminal cases. It is one of the key parts which contribute greatly to the enforcement of administrative law and criminal law. It is stipulated in detail by laws of different countries. Comparatively speaking, the stipulation of western countries under the rule of law is more scientific and more rational, which achieve the requirement of human rights protection. However, the system of investigation at crime scenes in China differs greatly from other countries owning to different traditional legal culture, which can hardly adapt to the policy of upholding the uniformity and dignity of the socialist legal system. Chinese theorists and executive departments of criminal investigation have already researched intensively into the existing problems in the system of investigation at crime scenes for a long time and dispute furiously on some essential problems. Therefore, the comparative study on the system of investigation at crime scenes contributes greatly to the reform and improvement of it in China.The present paper comparatively studies on the status quo of theories and practice of criminal investigation on the basis of relevant works of Criminal Law, Criminal Procedures Law, Crime Investigation and Criminal Investigation. Furthermore, several measures and assumptions on the improvement of the system of investigation at crime scenes are put forward according to the ten-year personal experience and practical experiences of grass-roots public security work. In addition to the Introduction and Conclusion, the present paper is comprised of five chapters.The first chapter briefly outlines the content of the system of investigation at crime scenes. It consists of the analysis and definition of the scene as well as the definition, nature, status, significances, principles, task and basic procedures of the investigation at crime scenes. Based on the review, comparison and analysis of the investigation at crime scenes, the present paper claims that scene refers to the places where crime probably happen or exist and other individuals, traces and articles which are relevant to the crime may be left including both the physical and virtual places. It redefines the investigation at crime scenes as well. Moreover, it is not permissible to lump the nature of investigation at crime scenes together. It is considered as preliminary investigative measures before the accreditation while the investigative measures after the accreditation. The present paper systematically analyzes the status, significances, principles, task of investigation at crime scenes and also puts forward some new standpoints and simply introduces the basic procedures of investigation at crime scenes of investigation organs.The second chapter studies and analyzes the system of investigation at crime scenes of French and Germany which are on behalf of the continental legal system. During this chapter, taking French and Germany as the research object, adopting the method of taxonomy and survey on the systems of investigation at crime scenes of these two countries, the author explains them in detail from the perspective of investigation mode and process of investigation at crime scenes and deeply comments and analyzes the systems of investigation at crime scenes of French and Germany from which the study, reform and perfection of Chinese system of investigation at crime scenes can draw lessons.The third chapter studies and analyzes the system of investigation at crime scenes of England and America which are on behalf of the Anglo-American law system. During this chapter, taking England and America as the research object, adopting the method of taxonomy and survey on the systems of investigation at crime scenes of these two countries, the author explains them in detail from the perspective of investigation mode and process of investigation at crime scenes and deeply comments and analyzes the system of investigation at crime scenes of England and America from which the study, reform and perfection of Chinese system of investigation at crime scenes can draw lessons.The fourth chapter studies and analyzes the system of investigation at crime scenes of Japan which is on behalf of mixed system. During this chapter, taking Japan as the research object, adopting the classification method to survey and analyze the systems of investigation at crime scenes of this country, the author explains them in detail from the perspective of investigation mode and process of investigation at crime scenes and deeply comments and analyzes the system of investigation at crime scenes of Japan from which the study, reform and perfection of Chinese system of investigation at crime scenes can draw lessons.The fifth chapter analyzes and studies on the system of investigation at crime scenes of China. During this chapter, firstly, the author analyzes the investigation organs and investigation mode of China and reviews the development course of Chinese system of investigation at crime scenes, reflects on the current system of investigation at crime scenes and systematically summarizes the existing problems from the following six aspects, namely, quantity of investigation at crime scenes, effect of crime scene protection, quality of investigation at crime scenes, coordination of investigative technique of investigation at crime scenes, deficiency of specification of investigation at crime scenes and illegal operation of investigation at crime scenes. Then, the author analyzes the reasons of causing the above-mentioned aspects in detail and expounds them. At last, the author puts forward that the rational improvement on the system of investigation at crime scenes shall be made and the lessons of foreign system of investigation at crime scenes shall be learned rationally, rudimentarily drawing up the countermeasure and train of thoughts of correction of the system of investigation at crime scenes from six aspects, looking forward to providing the useful references for the reform of system of investigation at crime scenes of China, playing the active role to further promote the reform and improvement of the system of investigation at crime scenes of China.