The Problem Existing And Improvement Suggestions In The Procuratiorial Organs Investigation Supervision

As an important part of legal supervision, investigatory supervision has the functions of crime-hitting,human rights assurance,protecting and supervising litigation and acts as a guard of arresting measure and a corrector of investigating procedure. It plays an important role in maintaining the social harmony and stability. Study on legal supervision has been always focused by the academe. If there were a lack of supervision, the super power owned by the public security could be misused. The function of Supervised investigation has not been fully realized, and the reason lies not only in the uncomplement of law but also the new problems coming out continuously during the judiciary application. The current Supervised investigation has hardly meet the urgent requirements of reform and development in judiciary. Starting with the application of Supervised investigation in our country, the author analyzes the existing problems Supervised investigation in our country, the author analyzes the existing problems Supervised investigation system based on criminal law theory, thereafter gives promoting suggestions. This text is divided into three parts altogether.First part is the summary of Investigation under supervising. It introduces the concept of supervised Investigation and the conversion during different history stages, and further it explicates the three functions of it, that is, examination for arrest, placing criminally on file and investigating, thereafter the eight tasks derived from them.The second part is the focus of this text. Based on the legislation of supervised investigation, combined with practical word, the author analyze detailedly investigation of the supervisory system of the application in practice. There are some problems on review of arrest. Arrested for generalization, conditional arrests applicable conditions are not clear, this is too short about crimes committed review time. Investigation generally extend the detention period for such. On criminal super, re-handling, light supervision, supervision of criminal case information channel is not clear, but not only the right to dispose of such supervision. Investigative activity monitoring problems in;Compulsory measures of supervision of the criminal with a lag, Extension of detention to universal, After catching the lack of supervision of coercive measure to change.The third part further explains the second one, completing the condition of arresting necessity, clearing the condition, scope and procedure of arresting cases, suggesting eliminating the censorship of peer department when applying for arresting and enlarging the investigation scope of procuratorate to cover detention, bail, residential surveillance, improving the burden of proof in a torture action.Lastly it must be noted that, due to various factors, the text is inevitably flawed and inadequate. But the author hopes it could attracts better ideas and more academics to involve in the study of supervised investigation of system and effectively play the role of investigation and supervision. Therefore, the smooth progress of criminal proceedings can be assured and the procuratorate can protect human rights better and show the humanity under law.