Police Investigative Power In China Study Regulations

Police indictment indictment regulation or control of dilated and the criminal suspect rightsvulnerable to invasive requires the investigation of police power of state power must be controlled.Torture, compulsory measures abuse, detention and other indictment abuse abound, all Chinesepolice indictment in the process of the operation of the lack of a reasonable system to regulate theexercise of the right of the police. The author pointed out our country police in the policeindictment regulation research important defects existing in the indictment regulation is first of all,the indictment in China lack the necessary judicial control, the whole process of investigationprocedure is almost a administrative decree. Suggested our country should on the basis of usingthe experience of advanced countries under the rule of law, establish the indictment of the judicialcontrol system in our country. Second, the people’s procuratorate of indictment did no supervisionfunction, the author in the thesis to the procuratorate’s supervision indictment to give theimprovement Suggestions; Moreover the author thinks that the imperfection of the system ofcompulsory measures is the police abuse indictment, violations of the basic rights of criminalsuspects, so this article points out the shortage of compulsory investigation measures system, toperfect it.This article is divided into four parts, about thirty thousand words, the first part is about the basicconcept and theory to control the police indictment. Which power restriction theory, theory of dueprocess, three-way combination of litigation structure as this paper after police indictmentregulation provides a theoretical basis. The second part is the present situation of the indictment toour country current police regulation and shortage, to later the police indictment regulationprovides a direction. The third part is the foreign police indictment, studies and analyzesrestriction system is aimed at providing reference to improve the police indictment in China. Thefourth part is to perfect the construction of police indictment regulation in China. Is the focus ofthis article, in the paper, on the basis of above points out from three sides in the face of the policeto carry on the consummation to indictment regulation, namely to improve the supervisionfunction of procuratorial supervision organs in our country; Perfect compulsory measuresapplicable in review compulsory measures recommended in our country to establish judicialreview mechanism; Restricted by giving the criminal suspect’s right to police the operation of theindictment.