侦查的结构【外文翻译】.docVIP

外文翻译 外文 Structural investigation According to the Constitution of Japan and the existing Code of Criminal Procedure, and the detection of increasingly perfect the relevant laws and regulations, investigative authority and the status of criminal suspects undergone significant changes. Discuss the structure of the subject investigation, is to try an all-inclusive approach to this change has to ponder the meaning. Developed from existing method of detecting the early emergence of the structure, but we all know, this issue is clearly Dr. Hirano. He proposed a concept of Investigation, inquisitorial investigation and impeachment-style view of concept investigation into the source of deepening the discussion points. In accordance with the so-called concept of Inquisitorial investigation, detection has always been suspect investigation agencies in the investigation process, the reason can be taken in the investigation of a variety of enforcement action, the reason also lies in this; but in order to prevent the abuse of these actions, the judge can detect behavior inhibition. By contrast, in accordance with the concept of the so-called impeachment investigation, the investigation is separate investigative agency, and has nothing to do with the preparation of the suspect activities of enforcement action for the future preservation of the court for the trial and the evidence of the behavior of prisoners; investigative agencies and criminal suspects people just can use the results of the enforcement action .In a word, the fundamental difference between the two is whether the investigating authorities affirmed the superiority of the status of criminal suspects. The background to make such analysis is sharp, the Criminal Procedure Law in Japan since the Meiji history of the development and the existing law-making process through the twists and turns. How to regulate the investigation of the enforcement action, which is aware of the modern human rights issues of common nation