Research On The System Of Investigation Supervision On The Self-investigating Case

Report to the Eighteenth Party Congress pointed out,“Improve the mechanism forconducting checks and oversight over the exercise of power.”Power born with the tendencyto abuse, so the exercise of power must be subject to effective supervision. The procuratorialorgan is not only the organ of investigation but also the organ of supervision that make it hasbeen questioned that, how to supervise effectively on the self-investigating case.In this paper,investigation supervision on the self-investigating case is defined as the subject of power andright supervise the activity of the criminal investigation stage of the self-investigating case,the stage including the investigation activities after the case filing until the examiningprosecution. There have two parts of the supervision of investigation system, the externalsupervision system and the internal supervision system. The external supervision systemincludes the people’s supervisors system, the supervision of the NPC and its StandingCommittee and the press supervision system. The internal supervision system includes thelateral supervision system and the vertical supervision system. Besides, there have thesupervision from the litigant and the court. These supervision system have work internallyand externally, but some problem appears in execution that affect the effectiveness of thesupervision. There have complex reasons, for example, the legislation is not enough,thesystem constitution itself also existence certain of blemish and the supporting measures arenot in place. In order to make sure the supervision of the investigation on theself-investigating case at work effectively. Firstly, the procuratorial organ must strengthenthe consciousness of supervised and self-supervision.Secondly, the procuratorial organ mustperfect and implement the openness of procuratorial work. Thirdly, we must keep the presentsituation of the lateral supervision, and focus on the supervision of the compulsory measuresand the investigation measure of sealing up, distraining, freezing. In addition, theprocuratorial organ must continue to strengthen the vertical supervision system and continueto improve the external supervision system, especially the the people’s supervisors system.