On The Investigation And Supervision System Of The Procuratorial Organ

Investigation is an important link in the process of criminal procedure, and the public security organ is the main organ of our country to enjoy the power of investigation, prominent in all kinds of social contradictions, the crime rate is rising year by year today, the public security organs to crack down on crime, the maintenance of social order and do play a very important role. But in the process of exercising the power of investigation of public security organs, as stipulated in the legislation itself enjoys extensive criminal powers, it is easy to have the risk of abuse of power, and this power without effective supervision, namely the right of investigation was wantonly, consequence will be unimaginable.We must establish the corresponding investigation supervision system, so that all the relevant parties in violation of their rights can be legally effective protection.The main body to exercise legal supervision over public security organs of the investigation power of the procuratorial organ is mainly, the main is to supervise and review of the act of investigation of public security organs. But because of the existence of legislation and system’s ills, makes investigation and supervision effect is difficult to just as one wishes, the staff abuse their rights of law enforcement, It is often seen, as torture to extract confessions, favoritism, evidence of violence etc. in the course of the investigation, the human rights of its citizens have been greatly hurt, because fundamentally speaking, the supervision of the procurator plays supervision the due effect, its power to fight with strong power of investigation phase. We have to admit that the current situation is, the investigation and supervision system of the procuratorial organs have a lot of problems, such as lack of investigation supervision concept of the rule of law, supervision of investigation scope is too narrow, means of investigation supervision lack of mandatory, and more for the post supervision etc. Defects of procuratorial organ itself on the system, the existence of a large number of coupled with the investigation by the public security organ of the illegal acts, criminal suspects in the investigation process to make their rights from infringement is "out of reach". The law proverb goes:"justice must not only be done, but also to be realized in a visible way." How in the current constitution and the criminal procedure law within the framework of the construction of legal system, supervision system of investigation of procuratorial organ perfect, in order to check and balance the right of investigation, the scope of legal supervision in the specification in exercising their functions and powers, truly the justice of the procedure, so that the suspect to the whole criminal procedure from the heart on the subject, is placed should be a task solved in front of us.Discussion to define and firstly basic issues of investigation supervision; the second of the two legal systems and legislative investigation supervision system to compare, and the legislative status of investigation supervision in our country is analyzed, in order to try to find out the energy from the two legal investigation supervision system to be the reference of the place, trying to get out of a supervision the system of investigation has Chinese characteristics, and on this basis in the end how to perfect the procuratorial organs investigation supervision system of our country puts forward some corresponding suggestions.