The Control Of Investigation Power By Jurisdiction In China

Investigation is the premise of judicial procedure. It is an important activity ofpicketing criminal. Therefore, it is self-evident importance of investigation power. Havea very different nature of criminal investigation power and judicial power in the modernsense. The judicial power is about neutrality and passivity, and the right of investigationemphasizes the initiative. During the practice of investigation power, because of itsemphasis on the initiative, will inevitably interfere with other legitimate rights andinterests of citizens, especially the legitimate rights of criminal suspects are morevulnerable to the violation of the rights, therefore, need to control the power ofinvestigation. In today’s world, are aware of the necessity to control the power ofinvestigation, have established their own investigation power control system, China isno exception. China has always attached great importance to the control of the power ofinvestigation, the establishment of a set of control of investigation power system.However, due to China’s long-term adherence to the " investigation center" concept, butalso," concept of integrating police and procurator " also win support among the people,therefore, our country in the control of investigation right is not enough. In our country,the right to control the investigation of the main means of inspection and supervisionorgans of investigation of self control and procurator organs. Although these methodshave certain effect to control the power of investigation, but because of institutionalreasons, these methods in the control of investigation power will be retained, whichmakes the control effect. In foreign countries, the judicial power of investigation powercontrol is a common phenomenon, but in our country, the judicial power is the power ofinvestigation with little interference. Due to the passive nature of the judicial power,which is difficult to exercise active interference detection power, control the power ofinvestigation is only reflected in the trial stage. Therefore, we should strengthen thejudicial supervision and control of the investigation right.By analyzing the definition and nature of the investigation power and judicialpower, this paper summarizes the necessity of judicial power to control the power ofinvestigation. Foreign jurisdiction control investigation right system is already quitecomplete; therefore, we should draw lessons from foreign experience. This paper respectively introduces continental law system and Anglo-American law system ofjudicial control of investigating power mode, and the two kinds of modes are compared,find out their common points for reference. In view of our country present on the rightto control the investigation way, summed up the deficiencies, and to propose ways toimprove the right of judicial control investigation right, abuse and control investigationright, protection of human rights, justice and judicial authority.