| Procedure of criminal investigation right of procuratorial supervision of procuratorial organs on the criminal investigative activities and the activities of the decisions made by the legal supervision power, is the Constitution and the law gives the prosecution of a function. The criminal investigation procedure of procuratorial supervision as China's procuratorial organs to the criminal activity legal supervision is an important part in the prosecution of the whole business, occupy the important position in the. However, the criminal investigation procedure of procuratorial system defects exist in the legislation, in the judicial practice and problems. In this paper, based on the criminal proceedings in the investigation stage, it is defined as filing, investigation, prosecution, three stages. As a result of investigative procedures in filing and investigating behavior and the citizens' personal rights, property and other close contact, at the same time, in the procedure of criminal investigation in the main to public security organs, so the public security organs filing, investigation behavior as the research object, focuses on the procuratorial organ in criminal investigation procedures for the public security organs the legal supervision difficulties, and in our current legal framework construction of procuratorial supervision mechanism, put forward some reform proposals, the hope of China's criminal investigation procedures procuratorial supervision system to do a little modest.Based on the concept of criminal investigation procedure of procuratorial supervision, supervisory content, value and reasonable construction of the procedure of criminal investigation mechanism of procuratorial supervision and hierarchical manner are discussed. This thesis consists of preface and five chapters, the text of more than 30000 words.The first chapter is about the criminal investigation procedure procuratorial supervision. On the procedure of criminal investigation and procuratorial supervision related concepts, such as supervision, legal supervision, procuratorial supervision, procuratorial supervision over criminal investigation procedures were defined, pointed out that the criminal investigation procedure of procuratorial supervision of procuratorial organs of the public security organ case, investigation and in the investigation of activities to determine whether a legal executive supervision, procuratorial power is legally entitled to the special, authoritative.The second chapter on criminal investigation procedure of procuratorial supervision of the content in detail. This article first points out the criminal investigation procedure of procuratorial supervision object is the public security organ'action and investigative activities, and then on the criminal investigation procedure of procuratorial supervision range are discussed, analyzed the case supervision, the characteristics and the contents of investigation supervision. Secondly demonstrates the procuratorial organs of the accepted the accusation, by issuing a written notice, review of arrest, prosecution, involved in the investigation activities and other means, means for case-filing supervision, supervision of investigation activities. At the same time in the discussion process, in a certain range of different procedures that the procedure of investigation in our country current supervision, for the comprehensive exposition of criminal investigation procedure of procuratorial supervision problems made certain to pave the way.The third chapter on criminal investigation procedure is the procuratorial supervision value discuss. The part from the protection of human rights, procedural justice, promote the realization of social fairness and justice, safeguard the authority of the law four aspects elaborated the criminal investigation procedure of procuratorial supervision of the tool value and insurance value. The part of the correct positioning of the procuratorial supervision of criminal investigation procedure in our country at this stage in the criminal procedure value, the procuratorial organs to guide the effective implementation of the right of legal supervision is of great significance.The fourth chapter discusses in detail on the procedure of investigation in our country procuratorial supervision difficulties. This article from the legislative and judicial practice from two angles, a detailed analysis of the procedure of investigation in our country procuratorial supervision problems. A total of two levels. One is based on China's" constitution" and" Criminal Procedure Law" provisions of China's current criminal investigation procedure in current supervision, two is at the first level on the basis of further pointed out that China's current criminal investigation procedure of procuratorial system problems. Because of imperfect legislation, Chinese characteristics of the relationship between the procurator and the police, lack of mandatory safeguard clause and judicial idea, mode of supervision, supervision mechanism operation environment etc existence, causes our country's criminal investigation procedure of procuratorial supervision function becomes a mere formality, failed to give full play to the role of. This part is the suggestions for further specified the reasons and current situation.The fifth chapter on criminal investigation procedure of reasonable construction of procuratorial supervision suggestions. Mainly from the legislation and mechanism is perfect, include:strengthening the legislation, given to the prosecution of certain rights, leading power authority, clear of the supervision of relevant content, in order to perfect the legislation system; reform of the current relationship between the procurator and the police, set up ahead of time of the procuratorial organization involved in the investigation, prosecution guiding investigation mechanism, in order to construct the guided investigation system; through the establishment of evaluation system, the prosecutor prosecution right of revocation to improve procuratorial supervision measures. |
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