The Legalization Of Investigative Procedures

Investigative procedures, investigative agencies to expose the crime, the detection ofcases, the use of the power of investigation to interfere with the fundamental rights ofsuspects, easily infringe upon their legitimate rights and interests. With the gradualdeepening of the concept of human rights protection, investigative procedures by theconcern of many scholars and researchers, and made a lot of views and opinions, whetherlegal investigation procedure, the reasonable operation of the entire criminal proceedings.Our investigative procedures are at a critical period of development, many issues areprominent in the judicial practice, in which torture, the presence of extended detention ofthe phenomenon of long-term, the lack of mechanisms of judicial review, lawyers involvedin the restriction of rights of defense and the application of special investigative measuresseriously restricting the construction of the investigative procedures of the rule of law, asproblems to be solved in our current criminal investigation procedures. In addition to theintroduction and conclusion, is divided into four parts.The first chapter on the nature of the investigative procedures, structural features andmacroscopic. Carried out to explore the basic questions of the investigative procedures,through a comparative analysis on the authoritative doctrine of the investigative proceduresand the main points, and focuses on the nature of our investigative procedures, structuralcharacteristics and its specific causes, the last of the investigation procedure should basicprinciples.The second chapter begins with the legislative status quo of the investigativeprocedures described in detail, focusing on analysis and summary of the exclusionary ruleof illegally obtained evidence in our investigation procedure, the course of development andcurrent situation of the counsel system, rights and restraint mechanisms, and the specialinvestigative measures concluded that the defects.First introduced in the third chapter of the values embodied in the new CriminalProcedure Law, pointed out the important contribution and impact on investigativeprocedures, while in-depth analysis of the inadequacies of the new Code of CriminalProcedure, the focus is to identify at this stage of investigative procedures and the rule oflaw of the entry point.Chapter first discusses the main crux of the investigative procedures, and then putforward the basic concept of investigative procedures and the rule of law in China, rationalthinking and judgment on the issues and controversies of our current investigation program. Finally, on the basis of foreign experience, combined with China’s specific nationalconditions, to build specific programs of investigative procedures and the rule of law inChina.