On Crimes Investigation The Right Of Supervision And Restriction Mechanism

In China, It is legitimate for the procuratorate to enjoy the investigating power on duty crime. The investigating power can be easily abused according to its natural initiative and expansionary. As a result, legal supervision is a necessary procedure for the duty crime investigation. Perfecting the supervising and restricting mechanism of duty crime investigation is significant for controlling crimes and safeguarding human rights.The thesis consists of four chapters.Chapter one is brief introduction to supervising and restricting mechanism of duty crime investigation. It mainly defines the basic concept,the characteristic, and the jurisdiction of duty crime investigation. Then it analyzes the architecture of supervising and restricting mechanism of duty crime investigation on the basis of the discrimination of supervision and restricting.Chapter two carries out a study on the statuses of legislation of supervising and restricting mechanism of duty crimes in some other countries. Several common characteristics can be found on the system construction among these countries.Chapter three discusses the statuses of legislation of supervising and restricting mechanism of duty crime investigation in China, focusing on the existing problems analysis.Chapter four is the emphasis of this dissertation. From the internal and external aspects, the author put forward the advice on how to perfect supervising and restricting mechanism of duty crime investigation:First of all, regulating the enforcement of investigating power from the internal aspect. In terms of improving internal restricting mechanism from other departments, the whole process of investigating should be strictly controlled. Then establishing the responsibility investigation mechanism of misjudged cases in the hopes that abuses of power can be prevented from the beginning. In terms of improving internal supervising mechanism, the author suggests strengthen the supervision from higher authorities, improve register system and correcting system. Secondly, supervising and restricting the power of investigation from the external aspect. In terms of participants, The Privilege of Silence should be endowed to the suspect and the status of the lawyers in the phase of investigation should be confirmed by law. In terms of other social subject, improving the restriction mechanism of the court, strengthening the rights of people's supervisors, perfecting social supervision and promoting open of investigation are suggested. Therefore, the organic unity of prosecuting crimes and the protection of human rights could be achieved.