The Judicial Control Of The Detectable Power In Our Country

The detectable power is an important authority in the Criminal Procedure Law, also is an authority which serves for the judicature, in view of the fact that the detectable power has compulsory and unidirectional, it should be surveilled and restricted by the jurisdiction.Therefore, we must establish the jurisdictional system which control the detectable power .Carries the judicial control onto the criminal detectable power is a safeguards for the criminal and the accused's rights,and it is an essential measure which can maintain the judicial .But, because we persisted "the principle of the detection center " for a long time, and make the entity rights heavy and procedure rights light, also lacks the idea of the right procedure, the detectable power is out of neutral judicial control deficiently. Therefore, how to rules and regulate the exercising of the detectable power, to prevent the detectable organization and the official investigators from abusing the state power, from encroaching upon the citizen's rights, becomes the topic which the modern detectable system must face.At present, several detectable power control mode exist in our country's present legislation and judicial practice .Because they has some significant flaws, so also produce many malpractices in the judicial practice。Thus we need some experiences from the good operation of western various countries'detectable power experiencing, and investigates the detectable power's judicial control mechanism which whether has the intrinsic right or not,in order to make the judicial control mechanism of our country's detectable power perform well and consummately, and make the power well exercising in our country,at last we can achieve our objective that is to protect accused's lawsuit right.This article investigates the power's abuse in the criminal process which appears in our country. Base on the power's related foundation concept , the nature localization and the intrinsic right academic value which belongs to the judicial control,we analyzes our country's the detectable power which exists in our public security organ, the examination system and the court system .They have three control modes ,but also produce many flaws.And by absorbing and profiting from the England and the America and the mainland legal system country's detectable power judicature control pattern and its well operation experiencing, we are going to make a good design about the judicial control mechanism in our country's power and regulate the detectable power's exercising, in order to protect the accused's rights.At last ,provide some reasonable suggestions concerning the reform of criminal procedure.