Criminal Investigation The Right To Supervision And Restraint Mechanisms

Once living in the society, we are certain to deal with the national public power. As a vital public power on punishing criminal offenses, criminal investigation power makes a great difference to individual lives. If the power is catabolized or misused, not only the crimes will be out of control and the civil rights cannot be ensured, but also the process of our nation' s law construction will be hindered. Therefore, the intensive study on the supervision of criminal investigation power is helpful to promote the process of governing the country by law, protect the human rights and perfect Chinese supervision system better.Nowadays, the study on the supervision of criminal investigation power is a question of heat, for it covers the problem about how to redistribute and effectively balance the power. The text on study focuses on the methods of positive analysis, which attempts to find out the loophole of the supervision mechanism of criminal investigation power for strategy perfection by analyzing a series of cases about the abuse of criminal investigation power. So, this text firstly theoretically elaborates the nature of criminal investigation power as well as the theoretical foundation and legal value of the supervision mechanism. And then, what follows next is the primary study on existing condition of the supervision mechanism of criminal investigation power, the analysis on main expression form, danger and principle of criminal investigation power abuse, and discussion on the shortage of the supervision mechanism of criminal investigation power. As to the perfection of supervision of criminal investigation power, the wrong cognition, valuing supervision over restriction, valuing internal over external and valuing education over punishment, should be avoided; the principle of equality on legal position, the direct participation and program disclosure should be followed; the operation mechanism of criminal investigation power, the mechanism of ensuring rights and the legal liability-ascertained mechanism should be perfected. Thus, we should try to establish an effect supervision mechanism for criminal investigation. Without doubt, the perfection of the supervision mechanism is supposed to touch upon the departmental profits, which will lead to the opposition of authorities. For instance, the views about the procuratorial organ' s permission on criminal detention, the justiciability of criminal detection conduct, the division of investigation and restrain, the confirmation of criminal suspect having the right of opposing force and self-incrimination, to name just a few, are certain to greatly restrict the criminal detection conduct, which will prevent investigation department using criminal investigation power at will, in order to hold the abuse of the power back.To establish a supervision system of criminal investigation power with Chinese characteristics, we should make some progress through combining Chinese conditions rather than completely imitate a ready-made pattern from a certain country. In the process of reform, taking neither a radical pattern nor a conservatism pattern is a wrong choice. What we should do is to shape and strengthen the idea of rights being restricted and protected step by step, maintain stability and promote harmony, which aim at successfully establishing and perfecting the supervision mechanism system of criminal investigation power with Chinese characteristics.