Attorney Power Of Investigation, Research,

The procuratorial investigation power is very important power of procuratorial organs or prosecutors.It not only relates to ability to crack down on corruption crimes, but also relates to human right protection. Specially during our judicial reform, the procuratorial organ as a special supervision authority in our country is how to uphold national law unity and construct the harmonious society, which is a great issue. So studying the procuratorial investigation power is very important to promoting of our judicial reform and improving of our criminal procedure law.Apart from Prelude, this dissertation is divided into seven chapters. It begins from the discussion of fundamental theories about the procuratorial investigation power, to its development, elements and abiding principals. On basis of analyzing defection of our procuratorial investigation power, it puts forward some improving suggestions.Chapter one, Generally Commenting on the Procuratorial Investigation Power, emphasizes the meaning and necessity of the procuratorial investigation power. The procuratorial investigation power is necessary for every county to find and investigate corruption crimes, to carry out prosecution. The character of procuratorial investigation power in every country can be classified into three kinds: administrative power, quasi-judicial power and legal supervision power.Chapter two, Development of the Procuratorial Investigation Power, aims to explore the emergence and development of the procuratorial investigation power. After studying the development of the procuratorial investigation power in countries of Anglo-American law system, continental law system and socialist law system, author finds out four development rules. Firstly emergence of the procuratorial investigation power is historical inevitability, which is for protection of king and state interests.Secondly the procuratorial investigation power is expanding generally, that is to say, the procuratorial investigation power is developing from common investigation power to special investigation power, from itself investigation power to command investigation power. Thirdly the way of the procuratorial investigation power development is not straight. The procuratorial investigation power is developing smoothly during the period of state stabilization and state ruled by law, whereas it is developing deviously during the period of state in chaos and autarchy. Fourthly the safeguard and check systems of the procuratorial investigation power are improving.Chapter three, The Principle of the Procuratorial Investigation Power Practice, mainly discusses principles of rule of law, speeding investigation, publicity investigation, rationality and economy that are principles of the procuratorial investigation power practice. The principle of rule of law is a fundamental principle, which requires procuratorial organs or prosecutors to abide strictly the procedure law and exercise their discretionary power. The principle of speeding investigation safeguards efficiency of the procuratorial investigation power practice. It requires procuratorial organs or prosecutors to shorten investigation time as soon as possible and simplify investigation process. The principle of publicity investigation safeguards validity of the procuratorial investigation power practice. It requires procuratorial organs or prosecutors to confirm properly the scope of publicity, to hold correctly the degree of publicity and to take proper publicity manner. The principle of rationality safeguards justice of the procuratorial investigation power practice. It requires procuratorial organs or prosecutors to execute the law equally and properly, to deal with cases according to legal theories in special conditions. The principle of economy safeguards efficiency of the procuratorial investigation power practice. It requires procuratorial organs or prosecutors to balance efficiency and justice, total efficiency and partial efficiency.Chapter four, The Construction of the Procuratorial Investigation Power, mainly focuses on law of every country about the procuratorial investigation power, and on the construction of the procuratorial investigation power. The author think that the procuratorial investigation power concludes starting investigation power, investigation power, power of taking compulsory measures, special investigation power, supplemental investigation power and power of commanding investigation.It mainly discuses investigation power and special investigation power, the investigation power includes power of interrogating a criminal suspect, inquiring of a witness or victim, searching a house, attaching material and documentary, on-site investigation and examination, giving a writ of appraisement, etc. the special investigation power includes power of electronic investigation and secret investigation.Chapter five, The Defect the Procuratorial Investigation Power in Our Country, aims to investigate judicial practice in our country and compare with the procuratorial investigation power of foreign countries.The author concludes that our procuratorial investigation power system has five defects: firstly there is not starting investigation power to a crime connected with corruption crime, which limits the procuratorial organ's ability to find a criminal clue of corruption crime; secondly the 12 hours time limit of summon by force is too short to meet need of judicial practice; thirdly surveillance of residence incurred on criminal suspects is not strong enough; fourthly it is short of check measures against power of arrest; fifthly it is absence of special investigation power, which confines the procuratorial organ's ability to investigate crimes.Chapter six, The Perfection of the Procuratorial Investigation Power in Our Country, aims to put forward some improving suggestions for the system of the procuratorial investigation power in China.In according with the need of cracking down on corruption crimes, the author puts forward following suggestions to improve our procuratorial investigation power system, such as starting investigation power for some cases connected with crimes of corruption, extending time limit of summon by force to 48 hours, reinforcing surveillance of residence incurred on criminal suspects by adding electronic measures etc, improving check measures of arrest decision power by adding judicial review etc, adding electric investigation power and secret investigation power.Chapter seven, The Perfection of the Procuratorial Investigation Power Check System in Our Country, mainly discusses how to improve the procuratorial investigation power check system after analyzing defects of our procuratorial investigation power check system. There are tow main defects of our procuratorial investigation power check system, the one is that an oral order of higher procuratorate is too random, the tow is that a check measure from society is absent. For resolving the problems, the author puts forward three suggestions: establishing order by higher procuratorate in writing, judicial review measure and system of supervision by citizen.