Criminal Investigation And Supervision Legislation And Means-Related Issues

Countries in order to fight against crime, maintain public order, the protection of human rights, the establishment of the criminal justice system, Criminal activity is an important part of the criminal justice system, the Code of Criminal Procedure, as the basic law regulating the activities of the criminal proceedings, directly determine our " Criminal Law " how to implement, and in the supervision of the activities of the criminal proceedings is the most important issue of how to balance the punishment of crime and the protection of human rights, the investigation at the start of the criminal Procedure link, is the basis and prerequisite of the criminal activities, criminal an important part of the litigation activities related to the entire process and outcome of the criminal proceedings, and therefore improve the effective investigation and supervision program is particularly important. Our old Code of Criminal Procedure," Since its inception in1996, the system and the provisions of the drawbacks and deficiencies with the development of society one by one exposure, prosecution is an important sector of the Criminal Investigation and Supervision, procuratorial organs of our traditional and more targeted at national dictatorship tool, and its supervisory system is weakened in practice serious legislative dummy, the results are unsatisfactory supervision personal supervision Nankeyimeng. New Code of Criminal Procedure " in this context after community fully discussed in the March14,2012and finally after a long wait, the new law on the modification of the terms of the investigation and supervision especially striking, almost each stipulation directly or indirectly involved in the investigation and supervision issues, such as the introduction of a number of new provisions relating to the investigation and supervision, including the designated place of residential surveillance, refine the conditions of arrest, custody ENTs illegal evidence exclusion, these provisions on the investigation and supervision work concepts, models, etc. have an important impact. Start from the nature of the investigation and supervision system, the theoretical basis of the Code of Criminal Procedure to sort out the contents of the investigation and supervision in the Legislative induction, to analyze the significance of progress in practice, Talking about the lack of the Criminal Procedure Law of the investigation and supervision legislation and the challenges posed by the judicial practice, and on this basis, to put forward a few suggestions and systematic exploration of investigation and supervision legislation.