Legal Supervision Of Investigation Criminal

Entering the 21st century, the party proposes the strategic task of implementing the scientific concept of development to dedicate to the construction of socialist harmonious society. This goal makes a higher request for our investigation work, which is an inevitable choice for the development of investigation to tend to democracy, to science and to the rule of law under the framework of legal state. The legal supervision for investigation reflected the value concept of justice. Under the new historical conditions, the party and the people put forward new requirements for the legal supervision in investigation, so the study of how to pefectly do the legal supervision in investigation is significant both in theory and practice. Based on this, it is necessary for us to discuss the legal supervision in investigation. The author first clarify some basic concepts, and then sort through the basic principles in supervision, and on the basis of this,she analyses the existing problems, finally puts forward her own assumptions. The author thinks that the legal supervision which worked as the special supervision in the procuratorial authority refers to the supervision that the procuratorial authority peformed toward the implementation and application of the law to ensure the unity of national laws and correctly implement. And the connotation of investigation is that the government angency should legally collect evidence, find out the suspicion and the truth of the related criminal case. It is extremely nessessary to implement legal supervision toward the investigative organ that for the realization of the investigation value and the ensuring running of the criminal justice system and ensurance of the justice of law. Due to the late start, there is such and such immature aspects in investigation supervision in theory and in practice. The supervisory mechanism of legal supervision in the procuratorial organs is lack of whole coordination in the problem of integrity, the legislation of legal supervision is imperfect, the relationship between the state organ legal supervision and the party's supervision is not well and there are some problems in file supervision of investigation and in the supervision for criminal coercive measures. Based on this, the author puts forward the idea of how to perfect the legal supervision in investigation:we will establish the supervision mode of "public prosecution as the center, procuratorial guiding investigation", and make system designs for the "procuratorial guiding investigation", including perfecting legislation and building a scientific and perfect legal supervision system, straightening out the relationship between party's leadership and procuratorial supervision, establishing the specific legal supervision system in the internal people's procuratorates, and also putting forward specific legal supervision system from the aspects of the supervision of legislation, withdrawing the case and the act of investigation. Generally speaking, we should consider the investigation and the legal supervision as a system and wholl promote legal supervision work to a new development.