Study On Supervision And Restriction To Criminal Investigatory Authority

Criminal investigation refers to all the specialized investigatory work and related compulsory measures in criminal procedural carried out according to law by the organs having investigatory authority. Criminal investigation is guaranteed by state power. To exert necessary supervision and restriction on powerful investigatory authority so as to ensure its legal operation is of great significance to prevent relevant person's rights from wanton infringement and to maintain the procedural subjuect position of criminal suspect.Beginning from basic theory of investigatory supervision and the study of actual operation of criminal investigation which is featured by the limited restriction to autonomy power of investigatory organs, the significant impact on relevant person's rights because of the compulsory investigatory measures carried out by investigatory organs, and the lack of effective substitute measures for pretrial custody, this paper points out the necessity of strengthening supervision and restriction on criminal investigation. The supervision carried out by supervisory organs, superior investigatory organs and leaders of investigatory organs forms the internal supervision and restriction within investigatory organs which is ineffective because the one who supervises is meanwhile the one who is supervised. The National People's Congress, the courts, lawyers and the People's procuratorates exert external supervision and restriction on investigatory organs. The object of supervision carried out by the NPC and its working method makes it difficult for NPC to carry out deep and prompt supervision on investigatory organs. The reasons of lack of the independent value of procedure, severe public security, backward investigatory technology, imperfect legislation and lack of necessary system make it difficult for courts to supervise and restrict criminal investigation by excluding illegally obtained evidence. Lawyers cannot carry out effective supervision and restriction on the operation of criminal investigation because of the low participation rate of lawyers in criminal investigation stage, the difficulty of prompt intervention by lawyers in criminal investigation, and the limited function of lawyers after their intervention in criminal investigation.The current supervision and restriction exerted by the People's Procuratorates on the filling of a case and apprehension carried out by investigatory organs is incomplete and ineffective.On the base of analyzing the insufficiency of current internal and external supervision and restriction on criminal authority as well as the difficulties of strengthening the supervision and restriction carried out by courts and lawyers, this paper demonstrates the structure rationality of investigatory supervision authority of the People's Procuratorates after expounding its theoretical foundations through the in-existence of a standardized model of pretrial judicial review, the objective obligation of prosecutors and the theory of economical procedure. Finally, this paper tries to restructure the investigatory supervision and restriction system in line with China's national conditions by improving the supervision exerted by the People's Procuratorates on filing a case carried out by investigatory organs, entrusting reviewing authority to the People's Procuratorates on "administrative detention", strengthening the supervision and management of pretrial custody, as well as entrusting the People's Procuratorates with the power to examine investigators'work.