On The Perfection Of Legal System Of Investigation And Supervision In China

For restrictions on the right of investigation of abuse, protection of human rights, investigation and supervision is particularly important, not only conducive to safeguarding social fairness and justice, help protect the basic human rights of citizens, but also help to strengthen the authority of the law. Countries in the world have formed a consensus.In common law and civil law, investigation and supervision system are better, we can learn a lot, there are police seized police seized discrete and integrated models. In China, the equal legal status of the investigation and the prosecution authorities, is a complex and mutual checks and balances. Procuratorial organs have the right to supervise the investigation, mainly through filing supervision, review the arrest, prosecution, investigation activities and other aspects of the review carried out. However, due to incomplete provisions on procedural and legal entities, whether there are still many problems from legislation and practice. For example,the current investigation supervision system lacks the basic principles laid down in the content, investigation and supervision dominant position of the dummy, narrow the scope of investigation and supervision, lack of supervision mechanism investigation, the Prosecutor-investigated inadequate supervision issues. Construction of a modern society ruled by law, must balance the need for human rights protection and investigation. In common law countries, mainly by establishing writ setting system, judicial review procedures, supervision and monitoring of illegal exclusionary conduct investigative rules and the investigating authorities to arrest and detain separation system and the like. In civil law countries, the same comprehensive oversight of the investigation activities, mainly supervise sanctions imposed by the form of administrative responsibility. Two Legal jurisdiction by restricting the investigation right, if you do not accept the supervision of the investigating authorities must bear clear legal responsibility. Our comprehensive investigation and supervision system, the first according to the actual situation of our country, but also learn from foreign investigation and supervision system, improve the system design investigation and supervision, and strengthen the authority of the prosecution investigation supervision, expanding the scope of the review investigation and supervision, strengthen supervision program may be operability and effectiveness of supervision. Encourage the investigating authorities to maintain respect for human rights and criminal suspects, to protect their legal rights, in strict accordance with legal procedures in handling cases, but also timely verified crime, the interests of justice, to fulfill its mandate, which requires criminal justice and international norms consistent. We can improve to strengthen the dominant position of the prosecution supervision, improve the investigation and supervision, establish and improve the supervision mechanism investigation, establish and improve aspects of the investigation and supervision mechanisms Corruption and Bribery Cases efforts.