China Investigation Of The Defects And Improve The Supervision System

The concept of the investigation and supervision system in this paper means that the People's Procuratorate of China exercises the legal supervision over the activities of the Investigating agency to limit the power of investigation in accordance with the provisions of the law. In judicial practice, Investigative activities are mandatory and secret.Investigating authorities in the execution of the arrest of criminal suspects need examination by the prosecution, however, other measures of investigation by the investigating authorities were to be decided by themselves.In the mean time, the investigating activities are conducted in a relatively closed circumstance.Therefore, in the implementation process, the mandatory and clandestine nature of such detection activities can easily led to the violations of human rights.For this reason,the investigation monitoring system has been set up in our legal system.The procuratorial organs exercise legal supervision over the investigations of the investigating authorities, regulate the power of the investigation and strictly accordance with the provisions of the law in order to protect the legitimate rights and interests from unlawful infringement, while promoting legal justice and efficiency.However, due to the late start of the modern legal system in China, there are still many loopholes in the legislation of the supervision over investigation, for example, the procedures are not perfect in the supervisory system, the investigation and supervision power is not clear, which put little pressure on the investigation,etc.What's more, some judicial officers are old-fashioned, which makes the investigation and supervision work a mere formality in some ways and unable to play its role.Given this, this paper is divided into four parts:The first part is an overview of the supervisory system;the second part is an analysis of its theoretical basis; part three summarizes the status of investigation and supervision and analyze its defects; the last part puts forward some suggestions.Although want of theoretical research, I do believe the the investigation and supervision system will play a bigger part in the harmonious legal society with the continuous efforts of the judicial workers.