On The Control Of The Investigates Power By Procuratorial Agency

Detection of the right to our country are an important prosecution powers of the criminal proceedings in our country, the investigation process is vitally important to detect the activities of public power as a country and civil rights of the individual process of struggle, the suspect's liberty, property, etc. will have a direct role in the outcome of the trial of the case also has a greater impact. Therefore, regardless of the public security organs are investigating the case or the prosecution of its own investigation, the right to control the investigation is a very important proposition. However, for the prosecution the right to control the investigation of theoretical research in terms of legislation or practice seems relatively weak. Based on this, it is necessary to our country from the following aspects of the investigation the prosecution the right to conduct a study on the control.Our country the right to control the prosecution is based on the investigation from both theoretical and practical. Power to detect the nature and characteristics of the right, due process and protection of human rights, the prosecution's own investigation of the right to a good run, as well as the judicial practice of the institutional arrangements and practical problems, have decided that we want the investigation to the prosecution the right to carry out scientific control. In the control of the process, improve the control from the results, saving judicial resources and exert the main functions of the point of view, it is necessary to establish the right to control the prosecution of the investigation three principles, namely: the principle of full control, the principle of proportionality and the principle of multiple control. Control mode at the selection on the one hand, the rule of law to draw the world's leading country's experience useful and feasible, in the clear detection of the right of foreign prosecution based on the basic situation to explore the foreign judicial control and other control mode reference to our country; another our country needs to give full consideration to the prosecution for investigation of the characteristics of the right to control the impact of model selection, including the detection of the main characteristics and the impact of case characteristics and the impact of the characteristics of the investigation activities and so on.Our country the prosecution the right to control the investigation although reflected on in the Legislative, there are some specialized judicial interpretation, but the obvious flaw Overall: First, the current investigation of the prosecution the right to control is the lack of internal constraints and external control; are two internal constraints on China's such a control mechanism is also uncertain, unstable and control mechanism; three laws of our country are superior to the lower organs of the prosecution of administrative oversight mechanisms means of monitoring the overall comparison in terms of softening, and covered the contents of small, not enough to achieve the purpose of controlling. Situation in practice, the prosecution the right to improve the prosecution of the control mechanisms to detect a wealth of practice and exploration, made some practical results, while case dismissal crimes, not against the target data rate changes also support the above conclusions; but the contrast public security organs of the cases, while case dismissal case of job-related crimes and non-v. rate remains high, some of the role of supervision and restraint there is no way to play an important role. The role of supervisors at the people, the year's work report of the implementation of the system reflects the results achieved, but through the careful analysis of the people is not difficult to find the system monitors the system is still facing the design and operation of the dual problem in practice.For our country the right to control the prosecution investigation system can be practical problems for the control of three principles, drawing on useful experience, based on internal characteristics, advancing from the following four aspects: First, the prosecution set up more than class-based control mode. "Higher-level control" in favor of the reasons for its oversight function and to exert the effect of implementation supervision, in conformity with our current mode of investigation and prosecution investigation of the characteristics of the right, and compared with other control methods have irreplaceability. Second, to improve prosecution of the class of internal constraints. Learn from the West could be considered the investigation procedures and the police seized a useful element of the relationship and deepen our country's chief complaint, the prosecutor in charge of organized system to explore the leading principal prosecutors set up to detect cases model. Three are gradually established and strengthened the Court's judicial control, but from the current constitutional system and the judicial system, judicial control from both a clear focus and attention should be paid to the two questions. Finally, to ensure the rights of the defense of litigation, including both suspects their rights, including the right to counsel.