The Research Of Reform On Procuratorate Investigation Supervision

The procedure of investigation,indispensable procedure before trial,is a basic andindependent litigant phase in the criminal procedure,is not only the powerful basis ofsubsequent prosecution and trial procedure but also the proper exersise of its power closelyrelated to the personal rights and freedom of the accused,which serves as a link between thepast and future in the whole Criminal Procedure Law.Its legislative status is appearent thatthere is a great of space about the investigation procedure, adding to relevant provisions ofthe compulsory measures,which propotion achieves nearly a third of the law,from this wecan see its importance of its position.But at the same,as the investigation organ areendowed with investigation power,and the obvious espansion of the right because of the itsexecutive power nature,if used improperly,the power will intervene people’s life andinfringe civic right at a large extent.In China’s judicial practice,there exists a lot of illegalphenomenon in the course of investigation,such as extended custody,extort confessions bytorture or inducement,illegal collecting evidence,etc,seriouly affecting people’s civic rightsand basic freedom. Therefore,enhancing the supervision of the investigation processeffectively has become one of the important tasks of legal supervision of procuratorate.It’s the aforesaid background that the paper study the reform of the investigationsupervision power of procuratorate from the latter four parts though the comparison method,empirical analysis method. The first part is about the present legislation situation,operational mode and the existing problems of the investigation supervision power,andanalyses the procuratorate investigation supervision present development situation andproblems;the second part is the study about the theory premise and basis, For our country’sprocuratorate investigation supervision exercise to lay a solid theoretical basis;the thirdpart is about the existing theoretical model and evaluation of the reform of the power, Inorder to investigate the various reform model rationality and remaining defects;the fourthpart is aiming to put forward some concrete suggestions for our country’s reform of reformof the investigation supervision power of procuratorate, From aspects of police relations,reform mode and human rights protection principle and strengthening supervision authorityfour puts forward improvement Suggestions.