Study On The Constitutional Control Of Investigation Power

Indictment of unconstitutional expansion is worldwide topic, is caused by a indictment of its attributes, namely as a "violent" compulsory administrative power, the power of the important aims to expose the criminal and seized, crime investigation and compulsory measures to achieve the purpose, with a "violent" citizens’ basic rights. Like crime will infringe on their citizen’s basic rights, the expansion of the indictment will also have a great threat on citizen’s basic rights. To expose the criminal investigation authority, who is to reveal "investigation organ crimes" ? The author thinks that the constitution of people’s rights as a book will be the last line of defense, the indictment constitution control will be aimed at "expose, seized investigation organ crime", striving to indictment runs into within the framework of the constitution, and thus maintain citizens’ basic rights, the protection of human rights. In this article, the author starts with the concept, nature and content of indictment analysis, put forward the indictment is a kind of administrative power, aims to uncover, seized criminal, compulsory measures, submit the case for judicial organs to trial, violent and mandatory characteristics, and analyzes the indictment in content with the status was summarized briefly. In the second chapter has carried on the analysis to the necessity of control of the constitution of the power of investigation in China, starting from the two aspects, one is the theoretical level, starting from the basic principles of the constitution, principle, legal principle, the principle of people’s sovereignty, basic human rights principles, power constraints analysis, elaborated the necessity to control investigation power constitution; second, the real level, from the rising crime rate for investigation power expansion provides an excuse and the public security organs strong handling the lack of effective control two aspects carries on the analysis on the power of investigation unconstitutional expansion of the reality of the situation. In the third chapter, the author from the determination of content of the indictment, indictment of checks and balances of implementation and supervision of indictment, from a constitutional principle of the rule of law, the principle of power restriction, the basic principles of human rights, the principle of people’s sovereignty, such as research of our country’s indictment constitution control method in determining the indictment the legal rights of the section, the author, from the perspective of the principle of the rule of law and basic principles of human rights, this paper indictment unconstitutional legislation in our country, and proposes the corresponding solution, the indictment of statutory authorities shall be defined; In the exercise of the checks and balances indictment in this section, the author, from the perspective of the principle of power restriction, put forward to judicial power restriction indictment of judicial writ system is introduced into our country, and the corresponding specific design of the system; In monitoring the implementation of the indictment of the section, the author of the broad and narrow sense of constitutional supervision system in China were analyzed, and perfect the supervision of indictment from the constitutional level, one is to set up dedicated constitutional council and the concrete system design, the second is in the people’s sovereignty principle consummates our country under the guidance of the people’s supervisor system, strengthen the law supervision, the supervision by public opinion, to guarantee citizens’ basic rights.