| The investigation power is a form of the investigation organ to exercise the of state power on behalf of the state.The investigation right has some certain mandatory, the investigation organ inevitably limit the individual freedom. And even to the extent that there are some abusing the investigation right and violations of the legitimate rights of citizens phenomenons in the process of exercise of state power. Therefore, in order to promote fairness, freedom and justice, we must control the investigation right.In our country, the people's Procuratorate is the national legal supervision organs, on behalf of the state to exercise state power of legal supervision. And the legal supervision system of our country. Includes the supervision of the investigation,the supervision of the implementation and the supervision of accreditation. But from our country current situation, In judicial practice, investigation and supervision is weak, and not to produce a desired effect. The author thinks that mainly has the following several reasons, such as our current investigation supervision mode is not perfect, judicial review system vacancy, the prosecutor prosecution subject status cannot be highlight in the investigation stage, supervision of investigation has the certain lag and so on. And, from the legal point of view, the procuratorial organs' supervision right is just about the arrest right, and in the does not need to be arrested cases, often lose supervise and control, these cases are often excluded from registration and dismissal procedures, making detection supervisory authority is a virtual.Aiming at these problems, this paper will establish the path of the judicial review system in the procedure of investigation, through the effective supervision to achieve between state power and citizen rights keep balance, to maximize the protection of the legitimate rights of criminal suspects, with a view to China's investigation and supervision system for further discussion and improvement. |
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