| In China, It is legitimate for the procuratorate to enjoy the investigating power on duty crime .The inves tigating power can be easily abused according to its natural initiative and expansionary. However, defects remains in practice due to the ineffective outer supervision and inner restriction. Therefore the restriction mechanism shall be reformed based on the principtes such as validity, justness and orderliness.The effective supervision of power is an important guarantee for controlling its legal operation. This paper analyses the necessity of supervising investigation power on duty crime and its supervision mechanism and puts forward the ideas of perfecting supervising investigation power on duty crime so as to facilitate fight against duty crime, guarantee human right and promote judiciary justice. Criminal investigation is an important state to punish crime,public power,China's criminal investigation mainly by the public security organs and the prosecutors to exercise. Procuratorate is the statutory legal supervisory authority, but China's Criminal Procedure Law also gives the prosecution the right of the Duty Crime Itself. In judicial practice, due to the lack of supervision and control mechanism, causing some abuse of the right's Procuratorate Itself, together with their own characteristics Therefore,the in-depth study on the supervision over the criminal investigation, not only can promote the.There are the unique conditions of lawyers, versed in legal proceedings on behalf of the interests of criminal suspects, to a maximum protection for the legitimate rights of criminal suspects, to grasp the merits of the case the whole process of supervision can be implemented. Therefore,criminal Itself Prosecution and the right of supervision, supervision of lawyers is an important subject of supervision than other subjects and can play a greater role. To strengthen the supervision of prosecutors Itself right, we must strengthen the supervisory role of lawyers. This paper will draw on overseas experience, our current practice of the relevant legal provisions and the rightsupervising and restricting mechanism. Chapter two is the theory analyze on building Interior Restricting Mechanism of Duty Crime Investigation. Chapter three carries out a study on different models of Restricting Mechanism of Duty Crime Investigation. It includes the British and American Legal System, such as the UK and the USA, and Continental Legal System, such as France, Germany and Japan. This offers theoretical reference for the further perfection of Chinese Restricting Mechanism of Duty Crime Investigation.Western countries and China have the different restricting mechanisms, because they have the different values and orientation of lawsuit, judicial systems and the construction for criminal lawsuit. This offers us a more comprehensive understanding of the detective control system under different lawsuit constructions. Chapter four discuses the existing situation of Chinese Restricting Mechanism of Duty Crime Investigation. It is a all–round and detailed study on its origin, development, subject, content, mode. Then the author analyzes the advantage and disadvantage of the restricting mechanism. Chapter five makes a comprehensive analysis of the existing problems and the deep reasons in Restricting Mechanism of Duty Crime Investigation. The author also presents the"relative reasonable"suggestion for the perfection of Restricting Mechanism of Duty Crime Investigation, based on the situation of China, the characteristics of judicial mechanism, the models of criminal lawsuit and the reference of some reasonable and scientific factors in the detective control systems of other countries. Then it is also analyze the architecture and the status of the Interior Restricting Mechanism of Duty Crime which can be different from the other At last the author presents his advice on how to detail, emphasize and improve our Restricting Mechanism of Duty Crime Investigation. |
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