(1) In terms of the distribution of investigation power, the procuratorial organs and the public security organs share the investigation power in parallel. At the same time, the police and prosecutors are separated. In addition to exercising the investigation power, the procuratorial organs In addition, it will also assume the prosecutorial function for some cases, but the relationship between the investigation agency and the procuratorate is not close. The procuratorate has the function of supervising the investigative activities of the public security agency.
(2) In terms of investigation methods, there are both mandatory investigations and arbitrary investigations, but the law does not strictly distinguish between the two. Except for the symbolic authorization of arrests by the procuratorate or court, Other investigative activities do not require judicial authorization, and there is no practice of writs of injunction.
(3) The investigation activities lack judicial control, and there is no neutral third party to exercise judicial control over the investigation activities. Many countries in the West, whether in the common law system or the civil law system, have established mechanisms for judges to control some investigative activities.
(4) In our country, pretrial detention and detention in a detention center are not separated, that is, arrest and detention are combined into one. When a criminal suspect is detained, a state of detention in a detention center can naturally occur. There is a lack of understanding of the conditions and conditions of detention. Reason review mechanism. At the same time, the detention referred to in my country's Criminal Procedure Law generally refers to the detention after arrest, and the period is longer. Foreign practice generally treats detention and arrest as short-term actions. After arrest, judicial review is required to see whether there is a reason for continued detention. If there is no reason for detention, sanctions such as bail pending trial or release can be taken. An arrest can only lead to a short-term detention, and will not directly lead to the continuation of the detention state.
(5) In the investigation activities, the criminal suspect has no party status, but is only the object of prosecution. He lacks certain rights of defense, especially the right of silence when interrogated by the investigative agency.
(6) During the investigation stage, the scope of lawyer's intervention is very small and the authority is small. Moreover, at this stage, the lawyer does not have the status of defender. However, in judicial practice, lawyers often cannot realize such few rights smoothly. .