On The Perfection Of The Investigation And Supervision System In China

Mostly,the exercising of the investigative power during the stage of investigation, is connected with various citizen rights and interests, it may be abused and infringe upon citizen rights, being short of necessarily control and supervision. Our supervision system, currently, has the character of defending criminal suspect's legal rights and interests, to a certain extent, while we should also admit that there are some questions in our current supervision system,that the system has not achieved its designed results completely, and the purpose hasn't been entirely realized. For example, in the civil suit, the notion of highlighting on entity law while making light of procedural law, and taking seriously on control of crimes rather than protection of human rights, and the rule of division of labor with individual responsibility, interwork, interacting of three organs, such as the investigative organ, the procuratorial organ, and the court, both with the unreasonable check-up index of the investigation, breathes the investigation provisions. At the same time, the old designed concrete procedure make our investigative supervision doesn't work very well.I think we should renew the guiding ideology of investigating supervision, from the designing of concrete system, reform the unreasonable governing principle, and structure the mechanism of procurator guiding investigation, taking the rational doctrine as visual angle, to support the supervision of procurator to investigation into play, legally and theory. On superintending structure, we may expanse the range of supervisor appropriately, reinforce the rights guarantee of the criminal suspect and the lawyer, and expense criminal suspect's right of disagreement and relieve. On concrete system, we should look for accurate point of the criminal procurator organ supervise to the investigation organ, and enforce the supervision both with the restrain to the power of supervision, base on the supervision point. For example, we may give the procurator the right of putting criminal case registering on record, supervising and inquiring, and etc, to ensure the supervision influence. We could perfect the supervision, from expending the approving right of coercive measures, bringing into proportion examines standard, and establish the system of rechecking into custody. At last, to ensure the effect of the criminal procurator supervising the investigation, and ensure the supervision authority, we may introduce the procedure punishing mechanism appropriately.