On Our Country's Procuratorial Organs Investigation Supervision System Consummation

As the starting point of criminal lawsuit, investigation procedure for its own features, determines its need a superior's supervisor carries on the supervision and guidance, such ability safeguard criminal procedure and good. Due to the development of science and technology, case detection difficulty more and more high, the nation had to give the investigation organ, and more abundant reconnaissance means, more strong investigation power to carry out investigation. But based on its own characteristics distinguish procuratorial in its specific implementation process, is caused extremely easily to investigation object the legitimate rights and interests of the infringement, makes the criminal litigation procedure produced inequality, and even cause errors on the prosecution. Power must be placed on supervision of its can may guarantee the lawful operation. As "human rights" constitution of human rights protection in China, the concept also increasingly it is regarded. But once issue onto the criminal litigation height, people face is "crime control" or "safeguard human rights" the question, appear hesitated, even determined choice the former. Long-term since, for criminal punishment and control problem whether in official or in folk, are considered as it is important to solve the problem, it had been widely assumed that the crime control in front, human rights protection does not important whether, add in judicial proceedings of the long-term practice of heavy entity light procedure, make the judicial practice the protection of human rights get attention, appear easily human rights violations. Establish the procuratorial organs investigation of the power of supervision, public security organs investigation organ especially investigation activity into the procuratorial organs of the scope of supervision, and thus helps avoid in investigation appear in illegal investigation situation. Can say in the long-term of criminal judicial job summarizing prauratorial organ of the supervision work achieved good effect. But due to imperfect legislation, concrete system design is insufficient, law enforcement environmental and law enforcement quality restriction, prauratorial organ investigation supervision system of some weaknesses also appeared, especial on the corresponding improvement. Based on China's judicial practice, through to the our criminal judicial work an important institution of the research on the practice prauratorial organ investigation system, puts forward the defects existing in legislation, system design aspects of this system are perfect recommendations. The first part of this text is prauratorial organ investigation supervision system made a summary of sexual elaboration; The second part of study on the international some typical significance to our country in the system of the legislation and reform; The third part through the analysis of the current situation of the system, the paper points out China's legislation and mechanism needs to be improved and consummate content, The fourth part in legislation and mechanism, that the two aspects, and puts forward the current our country in the system improvement Suggestions.