| The establishment of a general provision on investigation in criminal procedure law is considered to be a common practice among civil law countries and regions. One of the significant considerations is to take into account both the legal reservation principle and the free formation principle of investigation procedure at the same time. By nature, the general provision on investigation is as much a task assignment provision as a general authorization provision. Consequently, it has both the function of abstract task instruction and the function of concrete measure-authorization, although the latter is only in a supplementary position. Compared to that of other civil law countries, the implementation of the general provision on investigation in China appears to be problematic in three different aspects, namely over-emphasizing the task-indication function while ignoring the measure-authorization function, overlapping between the general provision on investigation and the general provision on evidence collection, and the inability to ensure the definiteness of the general provision on investigation as a result of insufficient quantity and density of special authorization provision. To further perfect the legislation on investigation procedure, Chinese legislators should draw on the legislative experiences of other countries. |
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