论侦查行为的控制-诉讼法学专业论文.docxVIP

PAGE PAGE IV Abstract Criminal Procedure is no longer merely punitive criminal activities, and thus the legitimacy of its own procedures, the legitimacy of more and more emphasized. Some shocking miscarriage have been exposed, a series of confessions by torture, extended detention, abuse of coercive measures, such as cases arising strong dissatisfaction for investigation of the public authority. Scholars have said: The fundamental problem lies in the allocation of investigative powers. Investigative powers too, and the lack of the necessary, reasonable and effective restraint, and the protection of suspects and other relative who is not among the basic human rights to maintain the right balance. In this paper, a four-part exploration of how to set up in line with the current condition of our country to detect acts of control system: First part: This article focus on the nature of the investigation which is analyzed from the concept of the detection. By comparing three different doctrines, it find the right general between the executive power of investigation, and come to the conclusion that: the investigation of the nature of the right to attribute the nature of executive power, below detection for the control of behavior provides a theoretical premise. Investigation by the definition of the meaning of behavior control on the system with the distinction between judicial review and contact. Behavior control in the scope of the investigation part, the author shows that the current division of enforcement in the investigation of Chinas behavior and not the arbitrary acts of the need for investigation. Second part: It study abroad through a number of major countries in the investigation of the control system, summed up the success of their common experience, for the establishment of Chinas investigation of behavior control system to provide a basis for drawing. Third part: Analyzed the behavior the investigation which is in the status of out-of-control, the reasons a