Study On The Investigation Supervision System

As an important step in criminal procedure, investigation has relation to success or failure of lawsuit activity. Within criminal justice, the investigation refers to the lawsuit activity that the organs and personnel who have investigation power collect and examine evidences, find out criminal facts and expose the criminals to prepare for the prosecution and the trial. In our country, the organs which have investigation power mainly include the public security organ and the procuratorial organ, and the national security organ also has investigation power to some cases. In the process of exercising investigation power, the public security organ has a wide criminal functions and powers including the power of summon, the power of interrogating criminal suspects, the power of questioning witnesses and victims, the power of search, the power of arrest, the power of seizuring material evidences and documentary evidences, the power of investigation or examination, the power of appraisal, the power of technical investigation, etc. In addition, the public security organ also has a power of criminal compulsory measures that limits or deprives the personal freedom of criminal suspects and defendants by criminal summon, guaranteed pending trial, residential surveillance, detention and arrest. Among the above-mentioned criminal compulsory measures, all the compulsory measures can be implemented by the public security organ itself except that the arrest shall be approved by the People’s Procuratorate. Thus it can be seen that, the investigation power of the public security organ is wide and huge. The implementation of investigation power is no doubt helpful to crime control, however, if it is abused without effective control, the effects would be terrible, resulting in that the crime can not be investigated, or that the citizens’ human right is illegally infringed. Any power that lack of restriction has a chance to be abused, the investigation power is the same too. Our current investigation supervision system relies mainly on inspection organ supervision, other litigant participants only have limited investigation supervision power. There are many problems exist in our investigation supervision system, such as the weakness of investigation and supervision, the lack of suspect relief mechanism and the limited effect of lawyer supervision. Because of lacing effective supervision, the investigation power is more willfully exercised. In process of investigation, illegal investigation behaviors such as elicit confession and extorted confession exist in great numbers, and the legal right of criminal suspect is always under threat. Therefore, improvement of our investigation supervision system within the framework of current constitution and criminal procedure law is looming ahead.In this paper, through analysis on western investigation supervision system, as well as profound analysis on the defect of China’s investigation supervision system, some ideas were proposed. First, through using the form of procuratorial work guiding investigation to strengthen the supervision of investigation by procuratorial organ; second, strengthen the investigation supervision power of suspect; third, strengthen the investigation supervision of self-investigation of procuratorial organ; finally, some measures on improving related systems are proposed.