The Regulation And Perfect Of Investigation Period

Investigation period is the important problem in our criminal procedure.The living criminal procedure law set all kinds of time limit, including compulsory measures time limit, prosecution time limit, trial period and so on, but does not make a clear regulation of the investigation organ investigation period. At the mention of investigation period, many scholars tend to think is investigation detain deadline. In fact, they are different. Investigation period have an important role in promoting criminal lawsuit efficiency and guaranteeing the legal right of the criminal suspect. The lock of the regulation will lead to some problem in practice. The outline of this paper is finding out the problem, analysing the problem and solving the problem. The purpose is pointing out the lock of legislation about investigation period of existing situation and its harm, putting forward suggestions of perfecting investigation period. This paper is divided into four parts. The first part is the concept of investigation period and the distinction between investigation period and investigation detain deadline, and focuses on the criminal lawsuit value of investigation period including efficiency value, the justice value and human rights value. The second part will analysze the present situation of the regulation period. Due to the lock of regulation lead to the investigation organ abusing term of the phenomenon in judicial practice. That infringe upon the rights of the parties and against the value of criminal procedure law requirement. So the writer appeals to add the regulation about investigation period in the criminal procedure law. The third part study on the regulation about investigation period of two law systems representative countries, the French, Italian, British and the United State. We will learn the successful experience from those countries and use for the improvement our country’s criminal procedure law. The fourth part through to future analysis of the living criminal procedure law, combined with the second part of that problem, put forward suggestions of investigation period. Through the topic of the research, people will know the implication and the procedure value of investigation period and more widely realize the real damage of locking the regulation about investigation period. I hope the suggestions will have tips and promote the modification of the living criminal procedure law.