Study On The Supervision Of Procuratorate’s Self-investigation Power In China

Procuratorate is facing more and more duty crimes because of the anti-corruption activities, which makes people come to know the procuratorate as the investigating authorities. Meanwhile, the rapid rise of duty crimes makes different problems break out during the investigation. Procuratorate will take necessary investigative measures to ascertain the facts and to obtain sufficient evidence, including the criminal coercive measures. But all the investigative measures procuratorate takes may violate people’s basic rights, such as privacy, property right and liberty. And justice has been looking forward to by all the society, so procuratorate investigation must be supervised at the proper time, to prevent people’s rights being violated or the law being broke from abusing of power.From the origin of procuratorate investigative power to the content and feature of it, and the reason why we should supervise the procuratorate investigative power, all of these will be discussed in this article. After analysis, author will sum up the problems of the supervision of procuratorate investigative power. And suggestions will be given after comparing the supervision with practice in other countries.Although it is the general choice for all the legal system countries to give procuratorate the power of investigation, to maintain social fairness and justice, as well as the effective exercise of power. As we all know that procuratorate investigative power’s character and legal position are different in different countries because of different national conditions, In China, Procuratorate is the legal supervisory authority, so it is no objection about its character when Procuratorate supervise other government agencies. But there are different opinions about the character of Procuratorate investigative power, such as it is an executive power or justice power or executive justice power and legal supervision power, and there has no unified view, yet. This article holds the point of view that Procuratorate investigative power is the power of legal supervision.Not only for the needs of power restriction, but also for the Due Process, that we must supervise Procuratorate self-investigative power strictly. Nowadays, the supervision to Procuratorate self-investigative power can be divided into two parts: internal supervision and external supervision. Although there are many supervisory bodies and many different ways to supervise the cases investigated by Procuratorate, the effect of supervision still worries people. On the one hand, the internal supervision of Procuratorate has these problems: first, the report center of Procuratorate has not supervise the investigation department well; second, the supervision department or the public prosecution department has not supervise the investigation department well; third, the discipline inspection and supervision department has not supervise the investigation department well;forth,the higher Procuratorate cannot supervise the subordinate Procuratorate effectively, and so on. On the other hand, the external supervision of Procuratorate has these problems: first, People Supervisor System needs be perfected institutionally;second,lawyers are facing many difficulties to supervise Procuratorate investigation;third, the National People’s Congress and its Standing Committee’s supervision should be established in specific law.The reason why there are so many problems about the supervision of Procuratorate investigation can be summarized as follows: first of all, the prosecutor has not got used to be supervised; secondly, the related supervising mechanism is lack of legal basis; thirdly, the existing supervision organs do not undertake their responsibilities actively.The last part of article will put forward some recommendations to improve the supervision of Procuratorate self-investigation power according to current situation and the good practices of foreign countries from three aspects: legal improvement, the improvement of internal supervision of Procuratorate, the improvement of external supervision of Procuratorate. First of all, to improve the legal system of Procuratorate self-investigation supervision, we need to develop national legislation on people’s supervisor system, improve system on the openness of procuratorial work system, as well as increase the illegal evidence exclusion range. Secondly, to improve the internal Procuratorate self-investigation supervision system, we need to improve the supervision of self-investigation, strengthen supervision from Procuratorate departments, as well as improve the supervision from the higher Procuratorate. Thirdly, to improve the external Procuratorate self-investigation supervision system, we need to make the National People’s Congress and its Standing Committee play its own role in the supervision, strengthen the rights of lawyers, as well as regulate the supervision from the public.With the rapid development of social undertakings in our country and the continued carried out anti-corruption activities, makes the increase in the number of duty crimes. And the investigation department of Procuratorate will face more and more challenges in the coming days. According to the problems have exposed, we must improve the Procuratorate self-investigation supervision system promptly and make it adapt to the requirements of the times, and make the national legal system more perfect.