A Survey On The Investigative Supervision

Investigative supervision means that People's Procuratorate, according to the law directs investigative means (mainly public security organs) to be free from errors, taking into consideration all the facts that are within the scope of the law. The relationship of investigative supervision generally consists of four component elements: supervising main body having an advantageous position( procuratorial organs), powerful supervised target ( public security organization) and, legal provisions of investigative supervision and basic pattern of supervision. The right of investigative supervision should follow a four sided pattern: being unique, relatively independent authoritative and mindful of unity of responsibility and rights. The theoretical basis of the establishment of the rules of investigative supervision is the need to guarantee the positive operation of the right of criminal investigation and realize the righteousness of judicature and the inherent value of criminal procedure. The general existence of illegal action in the criminal investigation is the practical basis of the establishment of the rules of the investigative supervision.In our country, the present conditions of the investigative supervision are: the contents of the rights of the investigative organs are not scientific, the range of the supervision is unclear, the pattern of the investigation is limited and the relevant guarantee measures are inadequate. The reason of all these shortcomings is: public security and procuratorial organs in our country are parallel, though procuratorial organs have the right to supervise the publicsecurity. This kind of supervision is targeted on the results and not the procedure in itself, because the two organs are under the relationship of mutual supervision and mutual restriction, making this supervision inefficient. We should improve the relation between public security and procuratorial organs, strengthen restrictive ways, abolish the relationship of "division of labor" and "mutual restriction", and reset the rights of the investigative supervision of the procuratorial organs. Procuratorial organs should be given the leading role at the investigative stage, giving it more power in its supervision. So that, all contentious procedures, especially in the process of examinations, obtaining evidences are under the leading command and scrutiny of procuratorial organs thus improving the efficiency of system of investigative supervision.