A Study On Mechanism Of Investigation Supervision In China

Investigation is a very important proceeding in the criminal procedure. As the state's authorities to punish crimes, the investigative team has a strong investigative power in this stage. Because of the character of expanding, the phenomenon of abusing of power is widespread in investigation phase. in the procedure of investigation, the contradictions between power and rights, liberty and order, justice and efficiency are so intensive. In order to guarantee all participants' legitimate rights and interests, it is necessary to supervise and restrict the investigation of specialized agencies effectively.In general, China's current practice of investigation supervision methods is based on self-supervision as the main method, and the external supervision from prosecutorial authority as supplemented methods. The Court is excluded from the scope of the external supervision. In detail, in the external supervision, written review is considered as the main method. This monitoring model has many problems, which greatly weakened the effectiveness of investigation supervision. Available research provides two theoretical paths to improve the status of our investigation supervision:one is learning form the mode of foreign judicial review, making the Court be the only external supervision to conduct the investigation by prior review and authorization. And the other is adhering to the prosecuting authority as a specialized organ for legal supervision within the framework of the existing system. Beyond these two paths, the more optimization program may be, under the premise of taking full consideration of the special constitutional system, learning the advanced element from the West investigation supervision system, and finally constructing the pairs control mechanism based on prosecuting authority and court.