On Improving The Supervision Of Investigation Of Procuratorial Organ In China

Investigation is the base of criminal procedure and the crucial link of collecting evidence and arraigning a person for a crime. It has a great significance to manage criminal cases. Chinese laws entrust the investigation institutions such powerful rights as using a great deal of investigation means and taking compulsory measures to suspects to collect solid evidence and ferret out the facts of the cases. Because of the variety of the facts, it is impossible for the investigation to carry out according to the procedures worked out beforehand. Therefore, in addition to follow the established rules,the investigations need to adapt in accordance with specific situations, which require investigation personnel to observe the principles, to give full play of their wisdom and improvise, and to engage in creative activities. So, to a great extent the investigation institution has discretion in exerting its authority. Once the investigation institution negatively exercise its power or abuse it, there would be two results: the one is that criminals will not be severely punished, and the other is that the lawful rights of prosecuted people will be restricted or deprived. The effective supervision of power is an essential guarantee to operate lawfully. It has been ensured by the Chinese constitution and laws that the procuratorial organ is the national superior of laws. The supervision of investigation, as an important component of the lawful supervision of criminal procedure, is a significant judicial activity of the procuratorial organ. The completion of the supervision of investigation, showing the degree of a country's law and protection of human rights from an indirect aspect, is the symbol of democracy, humanity and justice in the modern society. Comparing the supervision of investigation at home and abroad, it has been testified, with the procuratorial organ as its body, the system of the supervision of investigation conforms to our national conditions and the practice of judicial work and gives full play to its advantages and functions. However, as there exist many subjective and objective factors like the limits of Chinese law and specific systems, and unharmonious enforcement environment, the current supervision of investigation is difficult to fulfill the needs of judicial reform and development. In order to improve the current supervision of investigation, the article stands on the criminal procedure system with Chinese characteristics and use for reference from other countries scientifically, reasonably come up with strategies and recommendations as follows : strengthening legislation in the supervision of investigation, establishing and improving systems and standard the supervision work of investigation, improving guarantee system.