On The Procuratorate-Present System Of Supervision Power

It is well-known that illegal confession is not only scarcely excluded in judicial practice, but also the illegal behaviors of obtaining confession haven't been restricted. In recent years, a lot of major and serious criminal cases have made the illegal interrogation become the focus which attracted much attention from the society. In order to resolve the problem of illegal interrogation, theoreticle circles and judicial departments have made great effort in discussion and practice. The right of lawyer's presence, the right to silence and the zero eposition rule aim to restrict the illegal interrogation during the process of investigation interrogation to the criminal suspects and defendants. The original intention of these systems are fine, but these opinions and practices lack of feasibility on account of their inevitable defects; or these systems can not stand long because of the incorrespondence between the legal systems and practical circumstances. In order to restrict the illegal interrogation by the investigation organs, we have to resort to another power which is called supervision power by the procuratorial organ. In the process of interrogation by investigation organs, this right is concretely called the procuratorate -present system of supervision power. Making clear the procuratorate -present system of supervision power accords with the legal supervision status of the procuratorial organ and helps to strengthen the procuratorial organ's legal aibility of supervision. This thesis puts forward the opinion of making clear the procuratorate -present system of supervision power and tries to carry out systematically study of the procuratorate -present system of supervision power in order to provide new idea to solve the problem of illegal interrogation by the investigation organs.Except the preface and conclusion, this dissertation is divied into three chapters as follows:Chapter One tries to make clear the meaning, forms and harms of the illegal interrogation. It points out that the illegal interrogation is the obtaining the confession by the investigation organs with illegal approaches. The illegal interrogation is characterized by illegal methods including torture, threat, temptation, cheatness and so on. The illegal interrogation is the cause of unjust, feigned and wrong cases, it betrays procedural justice and invades the legal benefit of the parties, so it can bring forward great harm and the necessity of solving the problem of illegal interrogation is introduced thereon.Chapter Two focuses on the analysis of the right of lawyer's presence, the right to silence and the zero eposition rule, tries to probes the discussion and practice of the theoretical circles and judicial departments. It points out that the right of lawyer's presence, the right to silence and the zero eposition rule can not restrict the behavior of the illegal interrogation on account of their contradiction with the legal framework and system at the present in China.Chapter Three discusses the meaning and contents of the procuratorate -present system of supervision power, analyses the procuratorate -present system of supervision power from two perspectives including nesessity and importance. At the same time, it also discusses the procuratorate-present system of supervision power in cases investigated procuratorial organs and tries to remove the confusion of the people toward the procuratorate-present system of supervision power in cases investigated procuratorial organs.