Improving The Supervision Of Investigation Of Procuratorial Organ In China

Investigation is the basis of criminal suit. It is a way to reveal the facts by collecting evidences after criminal cases happen, which is vital to fight against offences and crimes and to keep the society peaceful. In China, in order to fight against offences and crimes, investigation organs are endowed with great investigation power, including various investigation means and multifarious criminal coercive measures. In the same time, because the facts are time-varying and investigation techniques are limited, when investigating, investigation organs have to follow certain rules and intelligently treat the cases, which gives them much discretion. However, as an administrative power, investigation power is naturally dangerous in terms of expansivity and violation on human rights. Additionally, in order to fight against crimes and violence, investigation power itself is of violence. Therefore, investigation behavior and its coercive measures are likely to threat and infringe the legitimate interest of suspects and common citizens.China’s constitution and law confirm procuratorial organs to be legal supervision organs that is responsible for legal supervision. As an important part of legal supervision, investigation supervision is an important task for procuratorial organs. Through investigation supervision, it is important for procuratorial organs to correct the mistakes in investigation, to ensure that investigation organs fight against crimes in a legal, correct, effective way, to make sure that Criminal Procedure Law is correctly carried out in investigation, and to ensure that respecting and protecting human rights which is a principle of China’s constitution and a task listed in Criminal Procedure Law is implemented.The first part of this article introduces the concept, features and principles of investigation supervision and some other basic principles. The second part of this article analyzes the problems existing in case registration supervision system, investigation supervision and the system of review of arrest in our country. The third part probes into the investigation supervision system in civil law system, common law system and other countries. Moreover, by comparison, some inspiration are gotten to perfect investigation supervision system in our country. In the fourth part, it proposes some feasible ways to perfect case registration supervision system, investigation supervision, and system of review of arrest.