The Study On The Investigative Powers And Controlling Mechanism

Firstly, the same over the investigation, the investigation right,such as the concept of Discrimination in the deep-level contact to sortout a few concepts, draw only rational allocation of investigative powersin the adjustment of the procedural law, is consistent with the purposeof the constitutional guarantees of human rights.Second,we explore the positioning of the current law procuratorialand public security organs in the investigation right functions, leadsChina in the face of the rule of law in the investigation right with thepractical operation of the surface have a certain gap, elegant lead toinconsistent reasons.Again, the current analysis of national litigation law, cite severaltypical countries take different litigation system structure, that thedoctrine of the parties, the terms of doctrine, modified adversary systemunder the guidance of comparative investigation of the Prosecutor rightswith the police investigation right course of similarities anddifferences, and Analysis of its advantages and disadvantages, andprovide the theoretical basis of the rationalization of the proceedings available for our reference.Finally, from the point of view of the investigative powers regulation,direct indication of the target to be achieved by the rationalization ofthe proceedings, as well as the problems arising due to the lack ofregulation in the Criminal Procedure and the proposed regulation ofInvestigative Power in China a little.The fifth meeting of the Eleventh National People’s Congress in thesecond amendment of the Decision on Amending the Criminal Procedure Lawof the People’s Republic of China standardize the application of coercivemeasures in the investigation procedures, a lot of space for the repairmethod perfection of investigation procedure to be seen in today’sCriminal Procedure Law gradually from trial-centric Criminal structuraltrend, successive successive center of gravity moved to the investigationprocedure up to explore the meaning of the right to investigation, in thiscontext of the times down more of its unusual meanings. First, theamendments to the Criminal Procedure Law and other relevant laws andamendments proposed; Second, based on judicial practice of variousdetection mechanism of supervision and lack of; investigation procedureis the starting point of the entire criminal proceedings, about theproceedings process. The three reasons Overview for the perfectadjustment of the investigation right may be the central element of thepresent and the future reform of the criminal proceedings. Should thestudy of comparative law perspective, an overview of the different trendsof the reform of the Code of Criminal Procedure of the world of thetwenty-first century, has a common trend, that is a central element ofthe reform since the nineteenth century, the structure of the criminalproceedings from the trial as the center has gradually transferred to theinvestigation procedure up, trial and investigation procedures, swine andsheep color ", I am afraid that is not" whether "but" when "and" how "of the problem.Procuratorial and public security organs have some of the same powerof investigation, I believe that the investigation stage in the litigationprocess is to produce the most controversial stage, and therefore the mostresearch value, pursuant to which this article is based on the inquiryof the investigation right, select the prosecuting authorities and anglesto study and discuss the relationship between the distribution of powerof the police authorities the power of investigation regulation.Investigation exercise is an integral part of the criminal proceedings,applies the principle of due process of law, investigative powers shouldbe given some room for adjustment to improve the quality of theinvestigation, and strive to practice the objective of the protection ofhuman rights.The law is just the last line of defense, the people’s trust in thelaw, the legal system can indeed play a role in justice, Mediatingindisputable function. The reform of the legal system should be startingfrom the position of the people, reform must pay attention to human rights,so that the people truly appreciate the actual interests of the rule oflaw reforms, and thus a better understanding of the administration ofjustice, and trust law.