The Supervisory Mechanism Of The Right Of Prosecution To Investigate Duty Crimes

Duty crime is abuse of power, while the nature of investigatingduty crimes is a power, and power restrict power. Our Constitutiongives the prosecution the right of legal supervision,maintains the correct implementation of law and judicial justice.However, it has no rules for a specialized supervisory authority to supervise the activities of prosecutors, and thereis not a sound monitoring constraint system to supervise theactivities of the prosecution. In fact, the prosecution's"self-monitoring" is formed and we are lack of specialized agenciesand the supervision from a rigid mechanism system. This is why somescholars of jurisprudence question the right of prosecution to applyinvestigation. In the meantime, although the prosecution strengtheninternal and external supervision in order to further standardize lawenforcement activities in recent years, it is still far from therequirement of our law, societies, and the development in our economyand society. Uncivilized phenomena have occurred frequently such astorture, extended detention, non-standard law enforcement andChinakayao. These activities can seriously affect the credibility of law enforcement from the prosecution, and this situation is led by theabsence of supervision on the right of the prosecution office to investigate criminal activities. Therefore, based on my long term investigation on actual duty crimes, I perform a comprehensive systematic analysis of the supervision mechanism of the right of prosecution to investigate crimes and summarize the necessity for such supervision mechanism. Comparing to other foreign supervision and control mechanism for crime investigation, and based on the principle of balancing power, we try to construct a comprehensive set of rights-relief, human rights protection for the purpose of "restricting the power by power", "power of supervising powers," "restricting power by rights " as the guiding theory for supervisory mechanism of the right of prosecution to investigate crimes.This paper is divided into four parts, the first part is the procuratorial organs investigating crimes concept interpretation and attribute analysis, this part of first duty crime and procuratorial organs, procuratorial organs investigating crimes investigating crimes restricting mechanism concept expounded, and analyzed the duty crime investigation attributes and characteristics, thus proposed perfecting the procuratorial organs duty crime investigation supervision mechanism of great significance. The second part is perfect procuratorial machine investigating crimes restricting mechanism analysis, the necessity of power from investigation activities and procuratorial organs of the legal supervision attribute characters and the inherent requirement of the judicial system reform and offset current investigation supervision and restraint mechanism defects the realistic need three aspects were discussed. The third part transverse analyzes foreign investigating crimes of supervision and restriction mechanism, abroad on duty crime investigation supervision mode analysis and comparison, thus draws on our investigating crimes restricting mechanism of enlightenment. The fourth part for perfecting the procuratorial organs duty crime investigation supervision mechanism, this part of the idea of the perfect firstly investigating crimes supervision and restriction mechanism of value concept and legal basis, and further puts forward the duty crime investigation supervision and restraint mechanism of constructing conception.Based on investigating crimes whether the essence of its power, or its own investigation, all activities fresures easily lead to distinguish procuratorial abuse and detection behavior nonstandard and violations of law and discipline tendency, causing bad effect. This article based on the national conditions, and investigative in combination with practice, reasonable profit from the overseas beneficial experience, and follow the principle of fair, efficient, this paper puts forward the duty crime investigation supervision restriction mechanism solution, expect to our country duty crime investigation situation improved somewhat help.