Research On The Procuratorate Supervision And Restriction Pattern With Detection Power Submersion

From the reform of 97-year criminal investigation system, the right of the criminal investigation recovered from the police station, and set up the criminal Investigation Team , the relationship between the police stations and the various criminal investigation teams becomes unharmonious. Lack of effective supervisory prosecutors and guidance to the police station and the criminal investigation team is one of the important causes of the problems. In response to the many problems caused by the reform, Ministry of Public Security in 2005 issued a view on the establishment of working mechanism of handling criminal cases between police station and criminal investigation team, not only affirmed the right part of the police station investigating authority in criminal cases, but also put forward higher requirements of the relations between the police station and the criminal investigation team. Supreme People's Procuratorate introduced the strengthening the working mechanism the People's Procuratorate of the higher levels of over the lower level People's Procuratorate in the 2007, to improve the working mechanism to improve the detection Attorney and the controlled performance. This article is divided four major parts:The first part is investigates the power submersion and outline of the examination supervision and restriction. Through inspection Public security Local police station function historical evolution, we understand that the Public security Local police station's criminal detection power has experienced the recycling and the release process, and this detection power submersion Public security Local police station, is only restricted in the specific type of the criminal case. 97 year criminal investigation organizational reform is imperfect, has caused the relation of the Public security Local police station and the jurisdiction criminal investigation team not Harmonious for the past ten years. Follows with the public security organizational reform is the procuratorate system's reform, Afterward Supreme People's Procuratorate in 07 years proposed strengthened the higher authority procuratorate leadership over subordinate procuratorial work, not only for examination integration surfacing path, moreover to strengthen to the Public security Local police station supervision and restriction has provided the legal basis. Strengthens the Procuratorial agency to the Public security local police station's supervision and restriction, is investigates the function full effective display the essential condition.The second part is the rational theoretical analysis of the Procuratorial agency supervises and restricts the Public security Local police station. First, we analysis rationality from methodology theory angle, according to hermeneutics circulation characteristic, it is an evolution process to definite the premises, is also achieves the proof standard the unceasing progressive, This needs us to strengthen the Procuratorial agency to supervises and restricts the Public security Local police station. Next, analyzes its rationality from the authority restriction theory angle. There are many scholars to discuss the authority restriction question through the ages, Author from regime choice angle inquisition legal supervision's necessity, and the analysis detection power submersion creates the transformation of the way of supervises and restricts. Finally, explores rationality from the different of existing legal supervision theory.The third part is investigates the power submersion or tendency of evaluation the initiation legal matter. This chapter contains two stratification planes, The first stratification plane is investigates the power submersion or evaluation of the initiation detection structure question, mainly has discussed the change of the establishment of the detection organization as well as to bring the criminal investigation troop member structure tends to be complex. The second stratification plane is unifies the change of the detection structure question, to analysis the change of the pattern of the supervision and restriction. As a result of many reasons, the initiation Procuratorial agency involves the detection ahead of time the urgency. As a result of some reasons caused the Applicable scope differentiation in supervision and restriction. Hosts and visitors body's non-same level and the dissymmetry result in the multi-direction complexity of the supervision and restriction. The fourth part is the reform ideas for the supervision and restriction under the submersion of the investigation power. The author elaborates separately, Adaptation of the restriction flow both concerns puts on record to move the general character andthe individuality question countermeasure, and has explored the detection general character and the individuality question countermeasure. In the chapter of the surveillance pattern responds, object at discrimination legal supervision and the lawsuit restriction foundation, proposes the legal supervision item dimension adjustment as well as the dependent program system's change.