To Perfect The Mechanism Of Supervision And Restriction Of Investigative Power Of Duty Crimes

Power needs supervision and restriction, that is the basic requirement of civilsociety and rule of law. The public power only by law strictly limited and undersupervision, can play the positive role. Investigative power of duty crimes as theprocuratorate fulfill the legal supervisiory power needs supervision. The mechanismof supervision and restriction of investigative power of duty crimes, at present, chinahas established two mechanism of the internal restriction and external supervision,which covers almost the whole process of the investigative power of duty crimes, butat the same time, we must also see objectively, the mechanism is still imperfect,which reflect the internal restriction feebleness and the external supervision weakness.The thesis point at some practical defects of the mechanism of supervision andrestriction of investigative power of duty crimes in our country. The thesis use ofcomparative analysis and empirical analysis, combined with my long term investigatecriminal practical experience, and give some suggestions.This thesis consists of four chapters: the first chapter briefly illustrate theconcepts of the mechanism of supervision and restriction of investigative power of duty crimes,and from two aspects of the theoretical and practical foundation to prove investigativepower of duty crimes is proper by the procuratorial organs, and then briefly explainsthe significance of the mechanism of supervision and restriction of investigative power of dutycrimes. The second chapter from the internal restriction mechanism, the superiorprocuratorate supervision mechanism and external supervision mechanism analysisthe lack of the mechanism of supervision and restriction of investigative power ofduty crimes in our country, combined with judicial practice, from the organizationand the work mechanism of investigation power supervision and restriction, thoughthe investigative power of duty crimes have many ways supervision and restriction, point out and reflect supervision and restriction is not in place problems.. The thirdchapter compares continental law and common law system mechanism of supervisionand restriction of investigative power of duty crimes and select the representative ofGermany, France and Britain, USA of investigative power of duty crimes of organsand the investigative power of duty crimes present situation, then summarizes thecommon features of two legal systems of investigation supervision and restriction ofinvestigative power of duty crimes, thus conclude some benefits of the mechanism ofsupervision and restriction of investigative power of duty crimes in our country. Thefourth chapter for perfecting the mechanism of supervision and restriction ofinvestigative power of duty crimes,the first part of this chapter is the idea of legalbasis of the perfect the mechanism of supervision and restriction of investigativepower of duty crimes supervision mechanism, based on inheriting and reference asthe foundation, from the internal organization of " restricting the power by power",the superior procuratorate of "power supervising power" and external of "restrictingthe power by right", and further puts forward the mechanism of supervision andrestriction of investigative power of duty crimes constructing conception. Themechanism has systematic, practicality and operational feature, expect to our countryof the mechanism of supervision and restriction of investigative power of duty crimesimproved somewhat reference.