Research On The Investigative Experiments

As a kind of investigative experiments for investigative measures, to provide basis for the investigation organ accurate filed for effectively, can prompt investigation organ for ascertaining facts, which can provide clues to the investigation organ solve difficult case of help. The conclusion may also investigative experiments using the other stages in litigation. Say for the entire criminal lawsuit investigative experiments concerned plays a very important role. The world each country are about the investigative experiments related research and provisions to ensure the smooth, investigative experiments in accordance with law, guarantee the investigative experiments conclusion function display. But, our country whether theorists or judicial investigative experiments, the concern for less. After the founding of, our country has many scholars begin to pay close attention to the related problems in this field, but these scholars basic legal scholars, the program is limited to investigation of investigation experimental theory has rarely investigative experiments---mainly applicable procedures and rules, making further discussion and study. Due to the investigative experiments not getting the attention it deserves, attention and research scholar of the investigative experiments strength is limited, the basic connotation of investigative experiments this basic problems are always cannot form a unified view of investigative experiments, the other basic theory, the advantages and disadvantages of investigative experiments, the applicable rules of procedure investigative experiments basic problem is not complete elaboration;Also, because our legislation is relatively backward, the provisions of this part of the legislation is "touched", not fully provided for with little, and not specific enough. This theory and investigative experiments of legislation on the fuzziness seriously affected the investigative experiments in judicial practice, which hampered the application in the development of the investigative experiments.This paper is based on the current situation of the criminal litigation system investigative experiments in theory didn't get enough attention and legislation regulation is not comprehensive this current situation, from the Angle of comparison, First analysis, reference other relevant state investigation of advanced legislation and experimental theory, and then from our country at present about the basic theory of investigative experiments, discusses the advantages and disadvantages of China's investigation experimental value, applying rules in China, then analyzes the basic theory, investigative experiments applicable condition, the applicable for programs and conclusion of the problems, Finally learn from foreign advanced legislation, with China's specific conditions, solve the problems of China's investigation experiment investigative experiments and perfect our theory and legislation, guarantee the investigative experiments play value.Specifically, in this paper the basic theory of investigative experiments, expounds the concept of investigative experiments, characteristic and classification of the investigative experiments, the concept, characteristic and classification do a definite discusses investigative experiments, in order to make clear the unique properties;Secondly, from both sides of the paper fully investigative experiments, to enhance the value of investigative experiments in theory and judicial practice necessity;Again, each period in China from longitudinal-about the investigative experiments and theoretical research, transverse-foreign legislation on the investigative experiments and theoretical research legislation in China, discusses the current situation for investigative experiments rules;And then from the applicable condition, the investigative experiments applicable procedures and conclusions in three aspects for investigative experiments problems; Finally, by analyzing the reference of foreign legislation investigative experiments, in view of the existing problems, improving Suggestions from four aspects, in order to construct the system of the situation of my investigative experiments.