| Investigation refers to the legal survey and mandatory measures to identify the crimes, gather evidences and prosecute crimes. Public security organs is the main investigative agency, and responsible for most of criminal investigation in China. So investigation in this thesis only refers to the supervision of the prosecution organs to the investigative rights of the public security organs.In the process of the development of legal society, investigation supervision plays a positive role in suppressing abuse of the power and protecting people’s legitimate rights. However, the deficiencies of investigation supervision system of People’s Procuratorate lead to many problems in practice, such as single investigation means, lag of legal supervision, the powerless supervision, and so on. Then it can’t form an effective supervision to the investigation. So it is an crucial proposition to improve the supervision system in current judicial reform.The thesis is divided into four parts except for introduction and conclusion.The first section explains the jurisprudence of the People’s Procuratorate investigation supervision system. Herein, the investigation supervision mainly refers to the guidance, control and supervision of the investigation to punish crimes, protect human rights, and ensure the legal and reasonable operation of the indictment. The supervision system has the features of universality, coerciveness, diversity and neutrality, and have the value in restricting the investigation, promoting procedural justice and protecting human rights.The second part introduces overseas procuratorate investigation supervision system. In the continental law system, the investigation supervision systems in German, France, Russia and Japan are representative. The thesis investigates the systems from the aspect of the supervision status, procedure, styles and the force of law. Then it concludes that the outside countries have integral supervision system, reasonable styles and authoritative status of supervision.The third part discusses the issues of investigation supervision system of the People’s Procuratorate. It mainly lies in the following five aspects. Firstly, narrow investigation supervision leading to lack of effective supervision to the mandatory investigation measures. Secondly, weak supervision tools leading to the lack of sanction supervision measures and poor information circulation seriously restraining the effect of the supervision. Thirdly, delayed supervision and weak point before-and-in-time of supervision. Finally, formalization of supervision leading to supervisor slack in subject delayed in exercising the supervisory authority.The fourth part mainly includes the suggestions of improving People’s Procuratorate investigation supervision system. Aming at the existing problems of People’s Procuratorate investigation supervision system, it should be perfected from the following aspects. Firstly, constructing procuratorate-police information sharing platform to dredge the investigation supervision channels, perfecting the intervention investigation system to strengthen the investigation of synchronization supervision. Secondly, entrusting People’s Procuratorate the rights of sanction supervision to strengthen the supervision means. Thirdly, broadening the supervision scope to perfect the supervision to the mandatory measures. And then reinforcing the internal supervision of procuratorial organs to guarantee the implement of investigation supervision. |
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