China’s Procuratorial Organ’s Investigation Supervision For The Public Security Organ

The procuratorial organ is the national’s legal supervision organ, it exerts legalsupervision authority in criminal proceedings. While the supervision power of investigation asthe legal supervision right part, plays an extremely important role in regulate the investigativeactions of the public security organs, guiding the investigation and evidence-gathering, savingjudicial resources, ensuring that innocent people may not be held legally liable. In theacademia of our country, supervision of investigation power does not have a precise definition,the scholars on the detection supervisory authority and public opinions are divergent. But ingeneral, on the following view is consistent, namely: the investigation supervision’s mainbody is the People’s Procuratorate, supervision object generally refers to the Public SecurityOrgans of the investigation behavior, supervision is the main content of the legitimacy ofinvestigative activities. In our country, investigation and supervision right as a kind of clearlegal supervision power has been put forward not long, but with the gradual deepening ofjudicial reform development, supervision of investigation power also attracted more and morescholars and the judicial worker’s attention. Along with the Supreme People’s Procuratoratewill rename investigation supervision department from the arrest Department, supervision ofinvestigation power in Chinese judicial system also formally defines its nature, content, way,and positioning etc. But because of China’s investigation and supervision right has beenestablished not long, now it is still in the stage of exploration, therefore, the system and thelaw still has many problems and defects should be improved. Based on the method of theorywith practice, the author sets out from our country’s national condition, according to theexperience in practice, using the basic principles of investigation supervision, with foreigninvestigation supervision pattern comparison, exploring and improving China’s investigationand supervision system and putting forward some views and opinions, making contributionsfor the construction of the socialist rule of law under the supervision of investigationmechanism.