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《Journal of Anhui Agricultural University(Social Science Edition)》 2008-02
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The Reflection and The Improvement of Chinese Criminial Investigation Procedure

LIU Xiao-yan (Basic Department, Anhui Public Security Academy, Hefei, 230031, Anhui)  
Criminial investigation procedure of our country carries the characteristics of authoritarianism,even super-authoritarianism, which needs reforming and improving. From the view of contents and nature, this proposes that investigation procedure is both administrative and judicial. After reflecting the current situation of investigation procedure in its nature,this paper puts forward that the main disadvantage of Chinese criminial investigation procedure lies in the lack of judiciality,in particular,the serious lack of the rule of law. The author of this paper thinks that construction of investigation legalization should be strengthened; "investigation without law" and the investigation right of procuratorial organ should be established. Meanwhile,it is necessary to strengthen the supervision right of procuratorial organ. Criminial investigation and custody should be departed from each other. These methods would improve our country's criminial investigation procedure and make it legal and resonable.
【CateGory Index】: D918
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【Co-citations】
Chinese Journal Full-text Database 10 Hits
1 LI You-biao(Teaching Department of Fundamental Course,the Chinese People’s Armed Police Forces Academy,Langfang 065000,China);Study on Appointed Defense System in Investigation Procedure[J];Journal of Anhui Business College of Vocational Technology;2006-04
2 ZHANG Zetao;Reflections upon Packer's Crime Control Model and Due Process Model[J];Law Science (Journal of Northwest University of Politics and Law);2005-02
3 CHENG Junwei;On the Jurisdiction Legislation of Criminal Investigation[J];Science of Law(Journal of Northwest University of Political Science and Law);2010-05
4 Liu Pinxin (Law Institute,Renmin University of China,Beijing 100872,china);On the Relativity of Criminal Investigation[J];;2001-01
5 LIU Pin-xin (Law School of the People's University of China,Beijing100872,China);On Theory of Information Transfer in Crime Course[J];;2003-01
6 TIAN Xin-ze(China University of Political Science and Law,Beijing 100088,China);On the Basic Concepts over the Control of Power of Criminal Investigation in Our Country[J];Journal of Fujian Public Safety College;2006-01
7 WU Rui(Gradute Department of Chinese People's Public Security University,Beijing 100038,China);On the Fundamental Category of International Criminal Investigation Co-operation[J];Journal of Fujian Police Academy;2009-02
8 DENG Xiao-dong(Law Shool,Fujian Normal University,Fuzhou 350108,China);Right Relief of Counterpart Other Than Involved in Criminal Investigation Case[J];Journal of Fujian Normal University(Philosophy and Social Sciences Edition);2010-02
9 ;Design And Experimentation:Lawyer's Participation In The Detention Decision[J];Law Science Magazine;2011-12
10 LI Fenfei,Ph.D.,the Lecturer in Remin University of China Law School.;Controlling Criminal Procedural Violation by Criminal Procedural Sanction[J];Jurist;2009-01
【Co-references】
Chinese Journal Full-text Database 2 Hits
1 WANG Xiao-chuan(Chinese People's Public Security University,Beijing 100038,China);Judicial Appraisal for Erroneous Criminal Cases in Power Dimension[J];Journal of Harbin University;2011-04
2 LI Rui(Beijing People's Police College,Beijing,102202);On the Causes and Relief Measures of Misjudged Criminal Cases From the Perspective of Criminal Investigation[J];Journal of Hunan Police Academy;2011-05
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