Illustrate The Procuratorial Investigative Power Of Duty Crimes Of China And Perfect Its System Of Supervision And Restriction

Procuratorial organi possesses the power of investigation on duty crimes. It is significant for controlling crimes and safeguard human rights to nail down the jurisprudential basis for the power of investigation on duty crimes and to perfect the method to supervise and restrict the power.Firstly, this article illustrates the nature, characteristics and jurisprudential basis of the procuratorial investigative power of duty crimes. And then the statuses of legislation of duty crimes in some countries are reviewed and arrive at common characteristics. Then the legislative actuality of China is focused on and empirical analyses of existing problems are exposed. On this basis, in order to improve the value tropism of procuratorial investigative power of duty crimes, suggestions are put forward: improve internal management of clues and supervision of the activities of the investigation's recommendations; strengthen the supervision from higher authorities, establish a complaint mechanism for reconsideration ; in external aspects, establish the status of the lawyers in the phase of investigation, perfect the rights of people's supervisors, establish the system of inquiring into misjudged cases, and so on. So the organic unity of prosecuting crimes and protection of human rights could be achieved.