Research On The Inside Supervision Mechanism Of Public Security Organ

Our country has not established the judicial censorship to behavior of investigating.The behavior of investigating is a kind of behavior with strong administrative powers and has the nature of authority socialist,so it is extremely easily to cause the abuse of power of the right of criminal investigation.To ensure the idea of human rights and procedure justice, China has established relatively complete investigation supervision system. Procuratorial organ undertakes the function of legal supervision including investigation supervision outside of public security organs,but the scope and function is very limited and judicial censorship is still at the level of theoretical discussion.To attain the objet of supervision of public security work, the public security organ set up relevant organization of supervision function and has made a serial regulations and the rules, but during the theoretical research and practical operation, the public security organ interior supervision take the procuratorial agency as the auxiliary investigation power control pattern,the impact of supervision has not been taken seriously and the operation mechanism is not discussed systematically. Therefore, the supervision of procuratorial organ is in the awkward position at the present time,to perfect the inside supervision mechanism of public security organ can supervise the behavior of investigating of public security organ more effectively and directly and it has important realistic significance to standardize the behavior of investigating and find the truth of the criminal case better,and protect citizens' rights and freedom.This paper is divided into five parts. Chapter one mainly defined the concept of investigation supervision,and understand the systematic investigation supervision through the introduction of the investigation supervision system in countries of different legal framework and the history of investigation supervision in China. Chapter two made the careful analysis to present situation of investigation supervision of our country public security organ through expounding existing investigation supervision way and the method of the exterior and interior of public security organs. Chapter three had discussed the real necessity of perfecting investigation supervision mechanism inside public security organ by introducing unlawful investigation behavior,the flaw of the existing investigation pattern and investigation supervision of procuratorial organs. Chapter four elaborated the bias of the vestigators'undstanding of investigation supervision, rule system of investigation behavior and the flaw of supervision of interior functional organization in public security organs and internal mechanism of correcting mistakes.Then it discussed the defects of the interior supervision in public security organ. Chapter five put forward five countermeasures to perfect the inside supervision mechanism of public security organ futher.The first one is to strengthen vestigators'awareness of accepting supervision. The second one is to perfect the system of the rule of investigation behaviors.The third one is to establish internal supervision mechanism.The fourth one is to pay attention to investigators training and the last is to take the measure of audio and video recording during the process of interrogation.