On Investigation Supervision System Present Situation And Perfect In China

Investigation is a fundamental and independent part of lawsuit in the criminal procedure. If the criminal procedure were a building, the investigation would be the indispensable foundation for this building. According to Chinese legal system, institutions and bodies that can conduct investigations legally are the following:public security unit, people’s prosecutor’s office, state security organization, state security organization, legionary security department and etc.. Any other institutions, bodies or individuals have no right to conduct any investigation except there are provisions of law. This article will probe into investigations conducted in public security unit. As an important force of state, the power of investigation plays an important and effective role in capturing statement and exculpations of a suspect and defendant, and regulating and curbing the committing of a crime. While the supervision system is a critical measure to restrain the force of state and ensure human rights. In china, public security unit, conducting investigations on behalf of the state, possess a wide range of power for investigating under little supervision and restriction, which offers many investigation personnel, such as Zhao Zuohai, She Xianglin and etc., opportunities to abuse the power of investigation. As a legal supervision organization in China, however, people’s prosecutor’s office tends to conduct supervision of investigation afterwards and in a narrower area, offering insufficient supervisions both in methods and means, wakening the sense of supervising investigations by law and producing other problems. As a result, the power of supervising investigations in prosecutorial organizations turns to be extremely debilitated. There are four parts in this article:Firstly, to analyze the concept, value, major content and basic theory in supervision of investigation. Secondly, to compare supervision of investigation in Anglo-American law system and continental law system with that in china, and make a comment. Thirdly, to dissect current condition and problems existing in the Chinese system of supervision. of investigation. Finally, to offer solutions, according to fundamental realities of China, to improve the system of supervision of investigation, to explicit the major role of prosecutorial organization in supervising and expand its scope, as well as strengthen the main standing of statement and exculpations of a suspect or defendant and punish those illegal investigation personnel, establishment of the period of detention health examination system, so as to ensure the power and effect of prosecutorial organization to supervising investigation.