The Introspection & Perfection To The Supervised Investigation System Of Our Country

The necessity and rationality of supervised investigation lies in that the authority to investigation without supervising must cause power abusing even corruption. The enforcement of investigating authority involves such vital interests as citizen's freedom of person , property safety, between the country's prosecuting right and citizen's basic defending right we need to set up a kind of balanced mechanism to prevent abusing of the investigating right and protecting people's legitimate rights and interests prosecuted effectively. I attempt to start with studying the basic theory of investigating authority to supervise, explain the relation between investigating authority to supervise and procuratorial work right , the relation between right of legal authority to supervise and procuratorial work, carry on the localization for the nature of investigating authority to supervise, and to review the investigation & supervisory system of our country currently on this basis, put forward the constructive suggestion for perfecting the investigating & supervision mechanism against its existing drawback This text is divided into three parts altogether. First part is the summary of Investigation under supervising . About the concept of supervised investigation the academia has greater disputes . Sum up main difference that lies in to make sure whether it is the same concept or not between the investigate and supervised investigation; Place criminally on file and make sure whether it belong to the category of supervised investigation or not , The author believed that, supervised investigation general to have to include the procedural nature and the entity content; The examination gives authorization for arrest and the examination prosecution is the important way to realize the detection surveillance, the two belong to the detection surveillance category; Putting on record as premise activity of the detection, they are inalienable, the surveillance of putting on record also belong to the surveillanceof detection category. According to the above, may obtain the generalized concept of detection surveillance: The People's Procuratorate's surveillance to the case which the institution puts a case on file and begin investigations in the recognizing in fact and suitable and correct of the law, and whether It is legitimate and whether there is the illegal activity during the course of putting a case on file , although examine and prosecute is an important way to realize the supervised investigation,it have supervised nature , but because it is more obvious to ask for right nature in administration of justice of prosecuting right. Whether it is the legal examination to investigating organ's investigation, placing the activity on file , it is mainly for the need of getting rid of the illegal evidence, its ultimate purpose is for the accuracy that is prosecuted, it is only a function of its second level to investigate supervision function. So, prosecute to examine should be put outside the narrowly-defined supervised investigation The nature of Investigating authority to supervise come from the nature of procuratorial work of right , and nature theory circle , procuratorial work of right have " theory of executive power " , "theory of judicial power " , " theory of the double attribute " the battle always. " theory of belonging " has logical place that can't be explained, the separation of powers of namely state power, the existing independently of other state power denied not including three right. Though the procuratorial work right of the socialist state has some characteristics and attribute of executive power , judicial power, but incorporate it into characteristic that executive power or the judicial power can't reflect procuratorial work right in an all-round way, let alone reflect the essential characteristic of procuratorial work right , the most essential characteristic of procuratorial work right is the legal supervision. Several that the procuratorial organ of our country not merely has procuratorial organs of western countries supervises power , and still have power to supervise the administrative law enforcement and trial procedure, the nature of its legal supervision is more obvious and more outstanding . Localization this angle of the structure come to speak in state power from procuratorial work right, the right of procuratorial work of our country should be orientated as the supervising organ of the law. So, it is one of the contents of the procuratorial work right to investigate authority to supervise, is one of the contents of the legal authority to supervise. Investigate right and investigate authority to supervise separate , and it isrestrain from independent lawsuit stage and.detect inside of case by oneself to prosecute to check which become our country 's investigate main characteristic of supervisory system Second part is the introspection to our country's investigation and supervisory system. Investigate the formalization supervising at first. Shown as and investigated the passivity that the disguise and investigation of the illegal activities supervise in the procedure ; Investigate and supervise the follow-up measure weakly; Detect the case and supervise and lack external restriction mechanism by oneself. Secondly investigate the limitation of supervising the range. The ones that are shown as and supervised the target are limited, lack the whole supervision to course of investigating; Power to make decision and right of execution of investigating the measure have not been separated properly . Third , lacked the judge and these two important supervision subjects of the counsel. Fourth , examine the alert relation and does not obey , supervision mechanism is not smooth . Shown as and investigated and supervised uncompletely; It is not enough to pay attention to investigating the position , function supervised; The inside supervises the system imperfectly, supervision function is not outstanding . To investigating the introspection of the supervisory system , have offered the dartlike weapon target for perfecting this system next. The third part is the perfection of our country's investigation & supervisory system. put forward constructive suggestion to the question that appear after reviewing . At first, it is the independence of strengthening procuratorial work right. The independence of the procuratorial organ is to perfect the most important problem of investigating the supervisory system, it is the most basic prerequisite and guarantee. Because the procuratorial organ receives the control of the local government in such aspects as personnel , funds, and the influence and intervening improperly of the local Party Committee, make the procuratorial organ limited everywhere in legal supervision, it is difficult to give full play to the function.As to this, I propose, improve chief procurator's position in the local Party Committee, become the member of the standing committee of Party Committee; The procuratorial organ is not led by the localParty Committee but changes a Party committee of a higher level into to lead directly, so as to avoid the improper intervention of the local Party Committee. Confirm the funds of procuratorial organ take the proportion of the fiscal revenues, prevent the procuratorial organ from being limited by because of being short of money in other organs , ensure the abundant independence of the procuratorial organ. The inside independence question of the procuratorial organ involves reforming the rules of procedure and range of the procuratorial work committee mainly, set up and study difficult case and two sets of procuratorial work committee of the affairs, fully reflect the procuratorial work committee discusses the professional characteristic of the case .Moreover , must narrow the case that will examine the committee and resolve after deliberation in the range , expand the public procurator's power and responsibility progressively progressively . Main suit , host public procurator's system must adhering to the principle of giving full play to individual's intelligence and wisdom go on the reform , can't be overcautious. Third, the public procurator's representatives of identities are a kind of duty , right and obligation, it should more obvious and more outstanding, identity right away difficult to realize it supervise duty independence have. Secondly is the essencity of the supervised investigation . Expand the range of supervising, realize that it is the need of realizing investigating control to supervise in the whole journey. Investigate most of organs and investigate the blank that the measure , compulsory measure supervise , the ones that will inevitablely cause power to abuse and protect suspect's lawful right are ignored .So, should supervise investigating every link permeated through investigation . Get involved investigation should stress supervisor role of procuratorial organ , but not the cooperator . The supervisor does not occupy a commanding position to pose as leader , its duty should reflect objectivly , just even more, examine the organ , strengthen the neutrality position in administration of justice which becomes substitutability. Authority to supervise and right of correcting are dense and integral, the two can't separate , otherwise supervise and perform practically no function. The impossible self-correction that depends on the person supervised of the supervisor's supervision result is realized. So, have already become the realistic need forthe essential functions and powers of supervision function of procuratorial organ. It is a question with censure of theory circle that the inside detecting the case by oneself has been supervised all the time , it is one of the difficult problems that has perplexed the procuratorial organ for many years too. The function of supervisory systems of supervisors of people is extremely limited, so, an element needing to introduce the outside and supervise . The involvement of the judge and counsel is realizing to detecting the best way in which the case supervises by oneself, can prevent investigator's illegal infringement to the suspectors effectively In a word , the investigation & supervisory system reflected the degree ensured to the human rights under the society governed by law, it is a complicated and difficult course to its perfection. In this course , should reflect the reality practised in the inherent law governed by law and China's administration of justice needs , and doing a rational choice between rule by law and the government form demands.