The Discussion Of The Improvement Of The Supervision Mechanism Of Investigation By The Public Security Organ

The person who has authority is easy to abuse power. This is an eternal and immutable experience for ages. As a kind of state power, Criminal investigates right Abides by the objective law that authority exercises. Carrying out supervision and restraint on to investigating right is not only the inherent demands of modern judicial democracy, but also an important condition to ensure the modern judicial protection of human rights.In China, public security organs have an extremely big and powerful Investigate right. For the lack of Judicial review system, deficiency of The procurator organ superintends means, and insufficiency ensures of criminal suspects rights throughout the investigation process, the public security organ almost charges the whole process, which leads to appear phenomenon that including extorting a confession by torture, abusing coercive measures, having a hand in economy dispute.This paper analyses the current situation of the public security organs'superintend mechanisms, and draws lessons from the west law-ruled country investigates supervision system. On the basis of the Judicial review principle, mandatory investigation of statutory principles, Proportion principles, efficiency principle, and from the view of power constraints, right restricts, responsibility restricts, and this paper puts forward the target that supervises the public security organs Investigate right at present stage: Ensuring innocent person averting criminal investigation and the fundamental right of suspicion people. At last, the paper brings forward a tentative idea from the aspects of improving the public security organs'inside supervise and reinforcing procurator supervision and social supervision.