Research On Prosecutorial Control Of Criminal Investigation Power

It is an unchangeable truth that all persons who have power tend to abuse their power. The power of criminal investigation, as a kind of governmental power, must also follow the objective rule under which power is exerted. It is not only a requirement of modern judicial supervision, but also an important condition of human rights guarantee to control criminal investigation power. In our nation, the negative exertion and abuse of investigation power happened frequently, especially for example, the existence of not accusing the guilty, inquisition by torture, illegal search, arbitrary detaining, illegal arrestment and ex-period custody, and other investigator's abusing their power and violating civil rights. The prosecutor's control on criminal investigation power is the main approach of prosecutorial supervision. Therefore, it is a both theoretical and practical hotspot to discuss how the prosecutor supervise the investigation power, so as to both exert the prosecutor's function of accuse crimes and prevent investigator's violation of human right.The author, based on the analysis of practical situation of prosecutorial control, discusses foreign prosecutorial control system and its reasonable and scientific factor, and brings forward some suggestions to perfect the prosecutorial control on criminal investigation power in this nation. This thesis is divided into four parts. In part one, the author discusses some theoretical problems of prosecutorial control on investigation power. The author fist analyzes the concept and characteristics of investigation power, believes it is a kind of executive power, and then analyzes the jurisprudential gist of prosecutorial control. In part two, the author compares the system in ocean law countries to that in continental law countries, and discusses both two system's inspiration on this nation. In part three, the author analyzes the history, status in quo and flaws of prosecutorial control system in this nation. In part four, the author brings forward some practical assumption to the prosecutorial control of investigation power system. Based on the comparative analysis on foreign police-prosecutor relation, the author indicates this nation should establish a prosecutor-instruct-mode supervision system, under which the author also bring forward some legislative suggestion to perfect the prosecutorial control of investigation power system.In the process of analyzing the prosecutorial control of investigation power, the author tightly combines the prosecutorial practice, and analyzes the issues appearing in the practice, in order to assist the judicial practice.