On The Investigation And Supervision Reform And Perfect

From investigation to the system of investigatory supervision of main nations of two law origins, it is discovered that western nations base on to design system of throughout investigatory supervision.Judges make roughly in vestigatory power by judicatory reviewing power,and meanwhile give prosecuted persons related rights against investigatory power according to protection of human rights;In that, investigatory power can circulate in Reasonable field and validly avoid abusing power.Comparing with those, the relations of Chinese judicial organizations is 'mutually matching, mutually constraining'. Investigatory organizations own mighty power,and procuratorial organizations own power of investigatory supervision. There are many loopholes in system of investigatory supervision as follows:First, the role of procuratorial organizations is misty; Second, field of Investigation is not concrete; Third, punishment to ilegally investigatory power is not enough; And any other loopholes. Because lack of supervision, rights of prosecuted persons can not be protected completely.Although judges supervise investgation popularly in the world, it is reasonable that investgation is supervised by procuratorial organizations in China.From Legal theory, it is reported that investgation is actually supervised by another Independent organization. In that, procuratorial organizations can undertake investgatory supervision. In the system of investigatory supervision, the problem is design of system and not whether the power is undertaked by procuratorial organizations. Above all, we must modify laws to improve system of investigatory supervision.Aiming at problems, we can reform from these aspects as follows: 1.Extending scope of investigatory supervision, dividing the judgment power and administrative power in the investgation; 2. giving suspect person more rights against power; 3. Enhancing supervision fuctions to practise investigatory supervision, and giving more power to procuratorial organizations; 4. clearing judge's supervison power, establishing systems of expelling ilegal evidence and other procedural punishmeng.