The Research On Private Investigation

The principle is also called investigation secret principle, it means that in the course of the investigation, the subject of investigation and people who acknowledge the investigation secret are not allowed to reveal the procedure or information. Adhere to the principle is conducive to play a dual effect, which are protecting human rights and punishing the crime. It has significant judicial value. However, with the change of times, the principle of investigation should not be public gradually comes into the predicament in judicial application course of contemporary. Searching for the reasons of the predicament and constructing scientific applicable mechanism in the new judicial context of the era is of significance to realize rule of law in criminal investigation.As for part 1, this paper first discusses confidentiality of investigation, in order to draw forth concept and discrimination of principle of "investigation should not be public". Besides, interpreting application characteristics of this principle from different jurisdictions.As for part 2, the paper discusses necessity of sticking to this principle from the aspect of its value. Adhering to the principle is the proper meaning of principle of presumption of innocence, and guarantees the efficiency of investigation the fairness of trial. Also, it is a necessary tool to improve the credibility of law enforcement.As for the third part, the paper discusses the dilemma of the principle in judicial practice. In the process of judicial practice, the principle does not operate in a legal and orderly legal system, leading to illegal handling in judicial application. The principle also suffers much criticism. The application dilemma seems push the principle between two fires. But looking into the root of dilemma, it’s not sufficient to negate the principle. There’s no reasonable system lasting for ever, only judicial model which continuously adjusts according to social development and judicial context can always maintain the vitality. Therefore, in the present Chinese judicial context, making a feasibility adjustment of the principle based on "legal interest balance" theory will become an important mission of the times.As for the fourth part, making a corresponding adjustment of the principle by combining the present Chinese judicial context. The reasonable mechanism construction and scientific program design are inevitable choice, which fully play the judicial value of the principle, as well as promote the legalization of investigation. Firstly, establish investigation information carding mechanism, and set up an information-handling center in investigation organs. Secondly, construct diversified information disclosure mechanism. Finally, construct systematical restrict and relief mechanism, in order to well balance confidentiality and disclosure of investigation information, and timely regulate violations, making legal remedies for the loss caused by the rights infringed.