The Right To Supervise The Prosecution Of Itself

Criminal investigation is an important state to punish crime, public power, China's criminal investigation mainly by the public security organs and the prosecutors to exercise. Procuratorate is the statutory legal supervisory authority, but China's Criminal Procedure Law also gives the prosecution the right of the Duty Crime Itself. In judicial practice, due to the lack of supervision and control mechanism, causing some abuse of the right's Procuratorate Itself, together with their own characteristics Procuratorial Procuratorate just gave people bring their own supervision and at others the impression that without supervision, who derives supervision of supervisors of the problem, or even deny the nature of the prosecution of legal supervision. Procuratorate Itself power is abused, not only can not control crime, the legitimate rights of citizens will be harmed, but also the adverse impact to the community. Therefore, the in-depth study on the supervision over the criminal investigation, not only can promote the process of building the rule of law state, improve our monitoring system can better protect human rights. Practice, the prosecution's own internal supervision and people's congresses, parties, social supervision, supervision of the way there in congenital defects. There are the unique conditions of lawyers, versed in legal proceedings on behalf of the interests of criminal suspects, to a maximum protection for the legitimate rights of criminal suspects, to grasp the merits of the case the whole process of supervision can be implemented. Therefore, criminal Itself Prosecution and the right of supervision, supervision of lawyers is an important subject of supervision than other subjects and can play a greater role. To strengthen the supervision of prosecutors Itself right, we must strengthen the supervisory role of lawyers. This paper will draw on overseas experience, our current practice of the relevant legal provisions and the right to counsel on Itself specific practices of supervision to make some sound recommendations.