China’s Investigation And Supervision System Predicament And Improvement

The term of inspection and supervision is used to indicate that People’s Procuratorate, as the nation’s specialized organ for legal supervision, supervises the legitimacy of the criminal investigation activities of investigative authorities, the investigation departments in accordance with the law, including the three main duties, namely, the supervision of criminal record,the examination of arrest and supervision of investigative activities, which is of great significance for the effective guarantee of investigative activities in accordance with the law and protection the legitimate rights and interests of the citizensThe characteristics of the investigation and supervision in Common Law Countries System and Civil Law Countries System and is in that the judge uses the right of judicial review judges to restrict the right of investigation, and gives a series of important litigation rights to the suspect. By the use of the right to confront the power of investigation, the abuse of power of investigation could be prevented effectively.The right of investigation and supervision in China is exerted by the procuratorial organ. However, since public security burea, and procuratorial organs are in complement with each other, checking each other "relationship, the procuratorial organs are lack the authority and the degree of supervision is weak, fatigue. The scope of investigation and supervision is narrow,and compulsory measures are not included in the scope of supervision.Contemporarily, the supervision is only tthrough the written review, happens afterwards and is in the static state, which makes it hard to find problems; it is also rigid, and lack of supervision effectiveness; the cases supervised by procuratorial organs Itself becomes very formalisticOwing to the current situation and existing problems in China’s investigation and supervision, the following aspects should be improved:1, to establish a sound system of "co-ordination, guidance, control the investigation"2. to expand the scope of the investigation and supervision,3. to establish a criminal case filing system with track monitoring,4. to strengthen the investigation and supervision measures and establish the Attorney written system,5. to further improve the system of investigation and supervision as for the cases by the procuratorial organs Itself, which should be implemented by procuratorial organs at a higher level.The future tendency is to abolish it and return to original state.