| It's necessary to strictly resist against duty crimes which endanger the stability of our country for building socialism with Chinese characteristics. In China, It is legitimate for the Procuratorate to enjoy the investigation power on duty crimes. It's a british choice for integrating our status of the rule of law and following the world trend of corruption. The investigation power can be easily abused according to its natural initiative and expansionary. And the specificity of the duty crimes main part determines there are something different from other criminal cases on detection mode and monitoring mechanism.As a result, legal supervision as a necessary procedure for the duty crime investigation. Defining the legal basis of the supervision mechanism of investigating duty crime and perfecting the supervision mechanism of investigating duty crime is significant for controlling crimes and safeguarding human rights.The thesis consists of five parts. Part one is a brief introduction to the supervision mechanism of the investigation power on duty crimes.It mainly defines the basic concept of duty crime investigation and the supervision mechanism of the investigation power on duty crimes. Then it analyzes the architecture of investigation and supervision on the necessity of supervising the investigation power on duty crime.Part two is the theories of the supervision mechanism of the investigation power on duty crimes. There are four theories that have great influence on the supervision mechanism of the investigation power on duty crimes. These four theories are the theory of the balance of powers, the theory of proper procedure, the theory of protection of human rights, the theory of litigation efficiency. Firstly, I explain the basic contents of these four theories. Then I relate the relationship between these four theories and criminal suit. At last I elaborate how these four theories provide a theoretical basis for establishment of the supervision mechanism of the investigation power on duty crimes.Part three carries out a study on the reality of the supervision mechanism of the investigation power on duty crimes in some other countries. Several common characteristics can be found on the system construction among these countries. This part introduces present situation of the supervision mechanism of the investigation power on duty crimes in two schools of countries, including the UK, U.S., Germany, France, Japan, and sums up the main mode of the supervision mechanism of the investigation power on duty crimes from the theoretical basis to the actual operation. According to the subject of the supervision, it's made up by internal and external supervision mechanisms in prosecution system. The differences between China and foreign countries in political system, legal values and criminal structures bring about the differences in the supervision of the investigation on duty crimes. However, doing research into the supervision mechanism of the investigation power on duty crimes in other countries can absorb the better behaviors and also improve supervision mechanism of the investigation power on duty crimes in China by taking full account of our conditions.Part four discusses the reality of the supervision mechanism of the investigation power on duty crimes investigation in China, focusing on the existing problems. I sort out the current situation of the supervision mechanism of the investigation power on duty crimes in China, and sum up the characteristics and point out the defects of it on the point of variant supervision. Pave the way for proposing specific measures of improving the supervision mechanism of the investigation power on duty crimes for the following.Part five puts forward the advice on how to perfect the supervision mechanism of the investigation power on duty crimes. I put forward the specific plans to perfect the supervision mechanism of the investigation power on duty crimes. On the one hand, it's important to persist four basic ideas:to be allogeneic supervision, to be pragmatic, to respect the law, to be realistic. The other hand, design two options of the supervision mechanism of the investigation power on duty crimes:in the first place, to achieve allogeneic supervision by separating the powers within the prosecution system.The second, to achieve allogeneic by establishing a new investigation mechanism on duty crimes. But these two options can be choosed only one to use for. Finally, on this basis, one of the potions within the internal and external supervision mechanisms in prosecution system, can jointly protect the fairness and justice of the investigation on duty crimes. |
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