Research On The Death Cause Investigation System

In judicial practice of our country,Death cases involving Identification of death will arouse widely public concern.From "Huang Jing Case" which lasted 41 months after the five autopsies to "Hide and Seek Death","Drink Death","Dream Death" that the place of custody is incredible",and even to "Lei Yang case" which becomes the social focus because of its unknown causes.The conclusion drawn from the investigation of state authority has triggered social heated debates and doubts.Although the Law of Criminal Procedure amended in 2012 introduced the good system design of "expert auxiliary system" and "identifier testified" to solve the dispute of death investigation,these systems would not play the expected role if the police made the conclusion of natural-death case which would cause the case unable to enter the proceedings.At present,death inquiry procedure in our country is based on the investiga tion mode led by investigation organs,fully dependent on criminal proceedings.There i s no independent and complete system of death inquiry.Many factors such as decentralized legal provisions,uni-city of investigation subject and investigation way,and closure of the investigation process lead to logical paradox and structural imbalance.Thus the resulting conclusions of death are often fully questioned and Judicial credibility is greatly reduced.As a result,it has become an urgent matte to reform the existing death investigation procedure in our country.By analyzing independent coroner system of common law and the subsidiary medical-examiner system of continental legal system,we have known that the coroner system has the advantage of strong independence,procedural justice,high social participation and strong judicial credibility.However,coroner system is a developing death investigation system under the background of common law system which does not meet the characteristics of our authoritarianism.The totally introduction of coroner system can not play its role in death investigation.Therefore,our country can learn from the construction principle of independent mode of coronor system in the common law system.Combined with the characteristics of our judicial system,our country perfect inquiry procedure and make conclusions of death investigation more credible.