On The Supervision Mechanism Of The Duty Crime Investigation Power In China

How to exercise the right of investigation in order to prevent the abuse of power, protect the human rights of the suspects in the crime, improve the credibility of the judiciary, have been the focus of the new round of judicial reform. In recent years, exploration of the judicial theoretical research and the judicial practice for the crime investigation supervision mechanism has become a key research topic in procuratorial organs at all levels. Officially, although it has been gradually established a comprehensive internal supervision system and the duty crime investigation supervision system in China, it cannot completely avoid the occasional torture to extract confessions and miscarriages of justice. The emergence of this situation should arouse deep introspection. It should pay attention to the value and function of duty crime investigation and supervision which it pursuit of. It is not only to protect the rights of criminal suspects to highlight and to strengthen the credibility of the judiciary and the duty crime investigation organs, but also to optimize the duty crime investigation supervision of internal control mechanism. It can also deepen and standardize the scientific understanding and rational guidance for the external supervision mechanism of the duty crime investigation.This paper tries to discuss it from the following four aspects:Firstly, it is the overview of the right of duty crime investigation. Based on the definition and the concept of crimes, the duty crimes of procuratorial organs, crime cases and duty crime investigation, the paper briefly introduces four aspects of duty crimes, such as the subject of crime, criminal behavior, the object of crime and criminal responsibility. It mainly discusses the characteristic and the substances of duty crime investigation, and the necessity and importance of supervision. Secondly, this chapter is about the concept of the duty crime investigation supervision. The author discusses fully the basis of theory to construct the scientific crime investigation supervision mechanism:the theory of power balance, the theory of human rights security, the theory of procedural justice and the efficiency of the litigation. Also from the security duty crime investigation activities of justice and the protect human rights of criminal suspects, the procuratorial organs of the judicial reform in three aspects to perfect the investigative supervision mechanism significance. Thirdly, this chapter analyses the duty crime investigation supervision mechanism of China in the history and the existing problems today. It points out the defects in the internal supervision mechanism of duty crime investigation, such as the control mechanism of the weak approved the arrest of link supervision, the procuratorial organs in place supervision of subordinate procuratorial organs and so on. The defects in external supervision mechanism is: the weakness of the supervision of the National People’s Congress, the restriction of the people’s supervisor, the limitations of the court supervision, the ineffective constraints of criminal suspects and their lawyers in the investigation by taking advantage of duty, the shortcoming of the news media and social public. The fourth part is the key of this paper. On the basis of the above research, at the same time, focus on summarizing the rules of the procuratorial organs in the operation of procuratorial power and supervision, the chapter proposes the measures and suggestions of constructing the duty crime investigation supervision mechanism in our country. From the point of view of the internal mechanism, the main task is to standardize the handling procedures. And the external supervision, it must mainly strength the coordination, cooperation and coordination between the supervision institutions, and consummate the social supervision and other forms of supervision.