Improve The System Of Supervision In Detection Of Procuratorate

The detection is an important stage in criminal proceedings. Detection of activity determines the detection of the unique properties of behavior is prone to abuse, therefore, in order to protect the legitimate rights of detect objects,the detection and supervision of detection has become an indispensable link. However, our criminal law in the public security organs to give procuratorate the detection of supervisory authority, but they were avoided the supervision in detection of procuratorate. Constitution clearly stipulates that the procuratorate is China's legal supervision organs, but the procuratorate also undertakes the responsibility of crime detection, which inevitably supervision of cases of absence of Itself. Legislative deficiencies, resulting in Itself practice, many problems have emerged. View of this writer, the system of supervision in detection of procuratorate have too many loopholes, so it is necessary prosecution Itself on the current status of detection and supervision cases to explore, analyze, reflect, from the whole of our monitoring system to the system of supervision in detection of procuratorate carding and perfect to build a system of supervision in detection of procuratorate that can be acceptable, physically able to ensure fair and effective.The article is divided into four chaptersThe first chapter of detection aimed at an overview of the system of supervision in detection of procuratorate. First a few basic concepts involved in this analysis to define, and then clarify the need for detection of procuratorate, the end, human rights protection and procedural justice as the basis, to simply explore the necessary elementsof building the system of supervision in detection of procuratorate.Chapterâ…¡Supervision for the defects and shortcomingsof the system of supervision in detection of procuratorate, to analyze the cases of detection and supervision of China Itself plight. At this stage, our system of supervision in detection of procuratorate, there are still a lot of problems, our current self-surveillance in the detection and supervision cases there are less than the rigidity of the main monitoring and supervision part of the object close to oversee the process of procedural flaws as well as the adverse consequences of inadequate supervision of the four deficiencies and shortcomings, and try to dig out the crux of their problems with a view to find a solution to our shortcomings in Itself Authority the right way. The third chapter in the international of the system of supervision in detection of procuratorate of each country is different from a comparative analysis of civil law countries, common law countries, as well as other hybrid method of detection of cases linked to the country Itself supervisory system, to extract the various legal systems of the advanced cases of detection and supervision system for Itself and ideas, to detect cases of China Itself Construction monitoring system to provide inspiration and reference.Chapterâ…£, in a bold reference to foreign powers doctrine model and adversary model at the same time rational factors, absorption is conducive to China's current Criminal Procedure Law in the fight against crime, eradicate corruption, rational core, human-rights protection and procedural justice, the starting point and the judiciary means of control, to construct a system of supervision in detection of procuratorate, and through legislation to realize the system of supervision in detection of procuratorate of the mesh control. Specifically, is to uphold human rights safeguards, checks and balances, procedures of the four principles of fairness and moderation, the above lower-level People's Procuratorate of the People's Procuratorate of the detection activities of the overall leadership and supervision, while an innovative way to build a "Special Prosecutor "monitoring system to reconstruct the internal oversight mechanisms in the prosecution, through the Special Prosecutor's detection of the whole in-depth supervision of a specific process, the external supervision by the courts to carry out ex post monitoring and relief, the final adoption of lawyers involved in the case of the detection and supervision mechanism for Itself to ensure that the entire detection process Itself fair and public and reasonable so as to achieve the right right Itself cases of comprehensive and effective supervision of detection activities.