Abstract
Criminal justice reform is a new requirement formulated to carry out basic strategy and target of ruling the country by law after we joined in WTO, and punishing crime and guaranteeing human rights are the two value goals pursued by modern criminal justice practice. Investigation is a part which belongs to criminal procedure system. However, whether the act of criminal investigation could be institute legal proceedings is still in dispute. On the one hand, there are abuse of right and dissimilation of power in the course of criminal investigation: on the other hand, we also should consider concrete present situation of judicial practice in our nation, and the particularity of act of criminal investigation itself. Our purpose is to give the solution to this question by the application of citing instances method, contrastive demonstrating and contradict the opinion of others. The thesis holds the opinion that it is suitable for the cognition of such problem to combine it with improper criminal investigation behavior, and give specific measures based on analysis of the nature of criminal investigation behavior and power disposition in criminal judicature now.
Highlights
Overall conception on criminal judicature system innovation and concrete problems for operation are focal points studied and concerned by scholars of criminal judicature academic circles
For criminal investigation is a component of criminal procedure, so we should establish viewpoint of inspection from legitimate procedure correlated with the background of criminal judicature system, and need to pay attention to the substantive value of criminal investigation
Administrative compulsory measures are applied in the law case which should be dealt with criminal procedure (Liu Mei Xiang, 2004, p.168), or there is the situation that criminal liability and administrative penalty are the same nature of punishment: restricts personal liberty or dispossess
Summary
Overall conception on criminal judicature system innovation and concrete problems for operation are focal points studied and concerned by scholars of criminal judicature academic circles. Whether litigation can be initiated against the act of investigation is controversial, and we need to take peculiarity of criminal investigation into consideration. The means of using special criminal informer and ransack will probably suffer from the dilemma that special criminal informer may constitute entrapment or complicity with real suspect (Wang Wen Zhang, 2002, p.3), so it is necessary to give legal restrictions to regulate such method of criminal investigation. Permitting litigation may let the arrangement about predetermined criminal investigation strategies exposed. As far as I am concerned, we can regulate and legitimate secret investigation by reconstructing the relationship between Public Security Organization and People’s Prosecutors’ Office emphasizing prosecutorial supervision against secret investigation, so permitting initiate lawsuits is not appropriate. Unsuitable exercise of criminal mandatory measures such as arrestment, to ransack and custody is a present problem remaining in act of public investigation, act of public investigation has the necessity to be brought an action against
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