On the supervision and restriction in investigation procedure

As a defender,the lawyer who gets involved in the investigation procedure is a lowest justice claim on the international normal of criminal suit.

The investigation procedure is the most intense conflict stage of two kinds of value goals which attacks the crime and protects human right,so it is the most dangerours stage for criminal suspect because of their right are easily violated.

At present there are many problems unsolved on theory of criminal proof in investigative procedure in China,such as the conception of criminal proof,the difference between criminal proof and facts-ascertaining,the necessity of adoption of the warrantism and Writ of Habeas Corpus system,the construction of the investigative institution s burden of proof and standard of proof and so on.

The efficacy of criminal investigation cannot be achieved without public participation,but the investigative procedure is carried on secretly over long years.

To fulfil a good practice of investigative procedure,focusing on the intent of investigation is the first thing to do.

The guarantee of lawyers attending procedure of investigation and the completion of their rights, are the focus of the mending of Criminal Procedure Law of China.

Most states affirm the lawyer s right of presence in the procedure of investigation.

Right to defense is very important defensive right for criminal suspect in the procedure of investigation.

In this article, it is suggested that the system of right protection in the procedure of investigation should be established conform to the rules of procedure and the principle of due process.

Research on Some Questions of Unit Crime and It s Criminal Investigating Procedure;

Major Shortcomings and Reform Ideas of China’s Current Procedure System of Investigating Job-related Crimes;