The Study On The Procecutorial Supervision Of The Investigation Power And The Improvement Of The Supervision System

In the research of the value of criminal procedure, procedural justice is usually emphasized, but, in my opinion, more importance should be attached to the basic legal values, such as freedom, equality and security. Citizen's fundamental rights and interests are supposed to be restricted or even deprived in the course of investigation, therefore, the more rigorous supervision system should be established with an aim to keep investigation power within the bounds. Investigation organs independently adopt compulsory measures, ranging from issuing a warrant to compel the appearance of the criminal suspects and ordering the suspects to obtain a guarantor pending trial to subjecting the suspects to residential surveillance and detaining the suspects. Investigation organs also independently carry out some special investigation activities, such as tracking down and distrainting. The procurators merely perform the judicial examination on one compulsory measure against the criminal suspect, namely, arrest. The rights given to the defenders are very limited. The investigation organs may adopt other compulsory measures under a disguise against the criminal suspects, including detaining for questioning, compulsorily abandoning drug habit and sheltering and rehabilitating. The above factors can contribute to the deterioration of the suspect's status and go against the protection of the suspect's rights and interests. This thesis will focus on the discussion of the prosecutorial supervision of the investigation power.The thesis consists of four parts. I will begin with an introduction about the prosecutorial supervision system of the investigation power in some foreign countries. Then I will make an analysis of academic theory on which the supervision of the investigation power is based. After that, it will come to the drawbacks existing in the current supervision mechanisms of the investigation power in China. Last but not least, the self-examination on the supervision system will be developed and the some suggestions on how to improve it will be presented.