On The Legislative Perfection Of Investigation Supervision

Investigation supervision is the legal supervision function of an important job function, which is the main way to control the indictment. Punishing crimes indictment is one of the important means and the state is an important part of public power which embodies the country to civil rights intervention. With general power of the indictment, perishable sex, destructive expansionary characteristics, if once abused, we cannot achieve the purpose of controlling crimes and will also invade the citizens’ legal rights, the indictment operation status, to a certain extent which can reflect the social development of the civilization level. To restrict power is an old and the eternal topic, the indictment exercise also should abide by the objective law of the power of the restriction of the indictment which reflects the modern judicial democracy supervision and internal demand. It is also the important guarantee for the protection of human rights. In our country, the investigation organ enjoys great indictment. But the lack of necessary supervision mechanism in practice could lead to a lot of illegal investigation phenomenon such as torture, abuse of enforcement measures, illegal evidence collection. After Du Peiwu deliberately homicide, She Xianglin deliberately homicide and after the occurrence of a crime, there was Zhao Zuohai intentional homicide of crime, the occurrence of the crime, and the abuse of indictment have direct relation. Therefore, to strengthen the supervision of the indictment is imperative. In our country, the procuratorial organ is the constitution and the law that legal supervision organs. At present, our country’s investigation supervision system in a certain degree has to stop abuse indictment, protect human rights role. On March15,2012by the National People’s Congress of the criminal procedure law amendment will respect and safeguard human rights as a criminal procedure law which is an important task because of increasing "may not compel anyone has confirmed that he is guilty" regulation. It endowed with the criminal suspect and defense lawyer more rights, further improve the illegal evidence rule. Procuratorial organs shall have the right to supervise the illegal evidence and to investigate and deal with these provisions that procuratorial organs exercise supervision function better investigation which can effectively prevent the misuse of the indictment. But, we must be clear that in the history of the causes of the legislation is not perfect; the law enforcement is not standard, which makes investigation supervision there on a small scale, supervision and lack of supervision such as the lack of means and defects. Therefore, to build a reasonable scientific investigation supervision system becomes the hot spot of the legal science widely discussed. Based on the existing investigation supervision of research results, this paper tries to do research on investigation supervision of the concept of the theoretical basis of investigation supervision. Different features will be reviewed. Second, through the continental law system country and common law countries investigation supervision system of comparative study, this paper will analyze the present situation of China’s investigation supervision at present practice and the existing problems, and points out the causes of the problems is, finally, aiming at these problems, based on China’s national condition, in the existing legal system framework, puts forward the Suggestions of China’s investigation supervision, in order to regulate the exercise of indictment, to punish crimes and protecting human rights purposes...