Research Of Prosecutorial Organs In China

An important supplement to enjoy our procuratorial investigation power as thepublic security organs and other investigation organs have the power of investigation,plays an important role in cracking down and punishing the crime of a specific type,the right of investigation to better safeguard the legitimate rights and interests of thevictim and the correct, appropriate exercise procuratorial organ damage, no crime isessential the suspect’s legitimate procedure and substantive rights.However, because of the difference of the system flaw and the social practice ofprosecutorial organs, resulting in its effectiveness should be failed to give full play tothe exercise of property, serious waste of resources, the efficiency is not high,supervisionmechanism of the vacancies are seriously hindered the investigationpower of the procuratorial organs. This paper summarizes the world experiencecombined with China’s specific national conditions, there are objective, efficientfor perfecting the procuratorial investigation power in our country to become mature,advanced, powerful national public power.Firstly, from the definition, the nature of procuratorate investigation of the right,discusses the properties and characteristics of investigation power of theprocuratorial organ, the procuratorate investigation of the right as a kind of nationalpublic power functions. The research status of investigation power of theprocuratorial organs, clear the procuratorate investigation of the right of acceptingthe case scope and specific power.Secondly, analyzes the existing investigation right of procuratorial organs ofthe problem, from system design, lack of independence, the necessary unity, therelevant authority, the real supervision, and then clear the procuratorate investigationof the right to the Almighty, the starting investigation power is not perfect, JuChuanquan summon time is too short residential surveillance, lack of "monitoring"efforts, decided to arrest a lack of supervision, the power of investigation should beperfected, the lack of technical secret investigation power six aspects holes one by one interpretation, for perfecting the procurator investigation power in our countryhas generated an urgent need. Finally, emphasis on the perfect concretecountermeasures ofprocuratorate investigation right in our country, theindependence,unity and authority, the principle of judicial review is necessary to establish andperfect, improve the starting power of investigation in the system settings on themountain, should be under the power of preliminary investigation, procuratorialorgans for granted with duty crime cases about to start the investigation power JuChuanquan, extension of compulsory summon time specific, perfect the supervisionright of residence, improve the decision of arrest, improve the technical investigationmeasure, secret investigation power supplement increased.