The Judicial Control Of Criminal Investigation Power In China

Power of Investigation is the right that specific state organs are legally entitled to conduct a special investigation work and take compulsory measure.The criminal ifivestigation relates to the restriction or deprivation of personal freedom and the interests of citizens.Therefore,the misconduct or abuse of the power of investigation can easily infringe civil rights.In nowadays,every country is trying to build a reasonable detection mode to protect the legitimate rights and interests of citizens and prevent the abuse of investigative powers.In out country,the power of investigation has extensive range.The investigation organ has the right to decide and take a variety of compulsory measures. And the modes of supervisions are only the internal oversight of investigation organ and legal supervision of procuratorial organ.Power of Investigation has serious administrative tendency.There is no neutral authority to supervise the power.The Court did not play its due role to supervise the power of investigation.And the procuratorial organ's investigation is lack of effective supervision.On the other hand,our major weakness of the detection system is ignored the protection of people who are into Investigation procedures.The rights of Criminal Suspects are lack of protection.The tripartite structure of litigation is damaged in investigation procedure.Power is not constrained.Therefore,I believe that we should learn successful experience of investigative mode from other countries,such as Judicial Review and the protection of criminal suspects' rights.Power of Investigation should be transformed to the power of legalization.However,Legal Transplantation must base on the establishment of conditions of China.It should not be blindly copied.At this stage,many factors such as continued high incidence of crime and the shortage of investigation organs have determined that the limitation of the Power of Investigation should not be too strict.It is right to optimize the detection of the Power of Investigation and make it play its due role. We should improve it as follows:1.Improving the existing configuration in order to strengthen the constraints of power.The investigation organ takes compulsory measures should be reviewed by certain judicial organs.2.Court proceedings in the investigation should play its due role.3.The rights of criminal suspect's safeguards should be strengthened.4.To build and strengthen a variety of supporting systems to ensure the effective investigation of the implementation of the lawful rights.