On The Establishment Of The Investigation Supervision

The right of investigation is a kind of public power, which has great mandatory. And it has direct contact point with the citizen person or property during exertion of the process. The right of investigation can attack crime, maintain social stability and harmony. But due to safeguard human rights and judicial justice purpose, which has necessary to supervise the investigation authority's activities. China's criminal procedure law gives the investigation authority power to investigate, such as prescribed in the procedure of investigation by the public security authority decided to warrant, guarantor pending trial, residential surveillance, detention and the applicable compulsory measures. The public security authority must strictly perform its right, once the right of investigation out of track will damage human rights and cause the rule of law in serious consequences.The program of investigation and supervision which is set up in order to curb the right of investigation over expansion of upholding the law, guard the effective implementation of the investigation process, prevent the illegal and corruption, fight against crime and safeguard human rights. Our investigation and supervision are investigated by the people's procuratorate, which decided whether the investigation authority's activitiesare legal or not. China's investigation and supervision are different from many western countries, which not supervise by the court. The procuratorial authorities exercise procuratorial investigation right, which depend on the existing system in China and the basic national conditions. The effective operating of the program has great significance on China's judicial system reform and social stability. China's procuratorial authorities carry out its right by supervision, examination on arrest and other ways.The criminal justice system late start, the legislation is imperfect, the defects of the system in procuratorial power weakening of the existence of the problem, which makes our investigation and supervision have many problems, such as the investigation and supervision lead to illegal behavior long-standing, weaken the right of supervision and bad effect and so on. In the view of this, this article will analyze the existing problems of investigation and supervision to think about how to construct the program.In the first and second parts of the article are the investigation and supervision theory to research. In the third part, comparing the program to other countries, focusing on the analysis of different investigation in China and western countries. Based on this in the fourth part analyzes the present investigation procedure and the reasons of the plight of. Finally, in the fifth part proposed to the investigation supervision of fitness program of advice. In simple terms, the method the improvement of the process of investigation is:on the one hand, through the legislation will expand the scope of supervision and investigation, which include not put on record and the supervision of the case to the public security authority the supervision of the case dragged on, will be recalculated on the approval, arrest other than the mandatory implementation of the investigative measures which exercise the people's procuratorates. On the other hand, through specific provision refused to investigation and supervision of disciplinary measures, perfect prior intervention to improve the investigation of the prosecutorial authority. Finally it will achieve investigation and supervision program designed to be more efficient, authority, practical, and make it more perfect.