On Public Security Organ For Investigation And Oversight Mechanisms And Their Perfect

The rights restrain is an ancient and eternal topic, like Modsige said: "Everything that contains rights is easy to misuse rights, it is unchangeable experience". The right of criminal investigation is one of kinds in nation's rights and similarly obeys the objective laws in rights perform. The investigation rights' restrain is not only the inner demand of mode judicial democratic supervision, but the important condition of modern judicial human-rights assurance. In China, public security organs own tremendous (great) investigation decision-making power. Lack of necessary supervision restrain, so the whole investigation procedure has almost changed into bare "administrative punishment" procedure. Among judicial practices there exist some phenomena, such as extort a confession by torture, misuse compulsory measure, illegally collect evidence. On the base of analyzing present situation of public security organs' investigation supervision mechanisms, this paper makes use of the reasonable and scientific factors from foreign investigation supervision systems to exploit judicial resources like courts, procuratorial organ, and social and public security organs. From arrangement judicial resources, further strengthen and perfect the China's public security organs and put forth some imagination to investigation supervision systems.There are four chapters except preface.Chapter one elaborates basic theory issues of investigation supervision. First it discusses issues the investigation power nature is a judicature or an administrative power. Because of the heterogeneity state power, its movement and the supervision are following the different rules. A mainstream viewpoint of our country academe is to put the investigation power under the jurisdictional name. It is as important as supervision power and judicial power. From several aspects analysis of the investigation goal, the norm form, the movement way, the relative person's status as well as investigation sign and so on, investigation power that has the freedom to cut to measure the property and the jurisdiction have the essence differentiation. It should belong to the administrative power in essence. To want to establish the reasonable investigation supervision system, it must first hold the investigation power nature accurately. Then, it makes the brief introduction about several related concepts of investigation supervision: What is the supervision? What are the relations betweensupervision and the restriction? What is the investigation supervision and so on? Afterwards, it makes the brief elaboration to the rationale of the investigation supervision. The investigation supervision rationale mainly is the human rights safeguard and the right relief principle, divided power and keeping in balance principle, the right procedure principle.Chapter two did the comparative research to the Britain and America legal framework, the mainland legal framework as well as our country's investigation supervision system. The British and American legal system and the mainland legal system all extensively carried out " make form system" at the investigation supervision, carried on the judicial control and supervision to certain forceful investigation behaviors, at the same time implemented the separating system of the arrest with taking into custody as well as "the illegal evidence removed the rule". Comparing our country investigation supervision system and the western state investigation supervision, our country has the obvious difference in the investigation main body, the supervisory authority source, the object scope, the supervision general way as well as the illegal evidence removed aspect and so on.Chapter three made the careful analysis to present situation of our country public security organ investigation supervision mechanism and its flaw. Presently, our country public security organ investigation supervision mechanism is one kind of supervising primarily, the public security organ interior supervision take the procuratorial agency as the auxiliary investigation power control pattern. This supervision pattern, apparent reasonably, actually has the enormous flaw: First, the examination supervisory power to investigates the power exterior restriction to have biased, its neutrality is insufficient, the restriction feels weak; Next, lacks a neutrality referee; Third, defender's means is limited to investigation power exterior restriction, the function is extremely small and weak; Fourth, the suspect lacks the valid relief channel when its legitimate rights and interests are damaged.Chapter four put forward some concrete ideas in perfecting the public security organ investigation supervision mechanism of our country. Firstly, set up the judicial censorship that taking court as judgment organization. Introduced to the mechanism of examining of the court in the procedure of investigating of our country, this is accord with modern criminal suit restricts, ensures the idea of human rights and procedure justice, and trend according with the criminal suit of various countries andlegislating. However, our country must fully consider the cost and cost that may be paid, fully consider the system and terms of the relevant complete network of need. Secondly, establish procuratorial work and guide the supervision mechanism investigated. The legal authority to supervise of the procuratorial organ of our country is the power of a constitution, though all sorts of defects exist in the theory and practice in this power, but this power will exist in the state power system of our country. Investigation under the situation of supervising nihility with more serious phenomenon in the public security organ at present, should fully play the role of supervision function of the court and procuratorial organ, the two should be each with particular emphasis in the content way of supervising, avoid the power to a certain extent to reset. Supervision of court reflect in easy to is it prosecute into punishment, people of human rights or cause inequitable punishment carry on administration of justice examine while being easy while being other to infringe to investigation mainly, should stress the supervision of procuratorial organ on "procuratorial works guide investigating". Third, strengthen the social supervision of investigating the behavior to the public security organ. The unopenness because of being of investigating the behavior, social forces is very limited for it to supervise. We can't say the social supervision is unimportant to the implementation that investigates the behavior. In investigation, we should fully pay close attention to and strengthen the social supervision of the suspect, lawyer and news media. Fourth, perfect the inside supervision mechanism to behavior of investigating of public security organ further. Perfect public security organ investigation supervision mechanism is for being kind to cooperate such external strength as the court, procuratorial organ and society, etc., realizing investigating supervision function together. Supervision mechanism can filter the mechanism at earlier stage; play the role of its unique function inside the public security organ.