Study On Internal Restraint System Of The Prosecutorial Investigation Power

The people’s procuratorate is the country’s legal supervision organ ruled by our country constitution and it has the independent constitutional status in the all power structure of our country. With the continuously developing and perfecting of China’s market economic system, The social public care more about the restriction on power and protection on civil rights,and they strength more and more that the procuratorial organ can play a important role to realize its independent constitutional status and effect.At the same time, it also become worse that deep-seated contradiction between the real procuratorial authority and sollen procuratorial authority legal status. Especially prosecutorial investigation power which is an important part of procuratorial power, what will it do to effectively supervise it to prevent the abuse of power. It is a theory problem as well as practice problem which is unable to avoid. And we start with the problem which people don’t be satisfied with, so it finally strengthens internal control of prosecutorial investigation power. We should comprehensively promote the reform and innovation of internal control mechanism of the procuratorial work and continuously improve the transparency and credibility of people’s procuratorate. We should ensure that People’s Procuratorate exercises theprocuratorial investigation power independently and impartially according to law with the thought, system and the optimization of prosecutorial investigation power.This paper attempts to reveal the basic problems of prosecutorial investigation right,which focus on the constitution and promotes the rule of law and judicial reform. Restricting the power is content of the article. Uniformity of law and protection of human rights are the highest value of the pursuit. And the aim is to study further of attorney issues which are related to the mechanism of internal investigation power restriction. This paper includes the following aspects.The first partThe fundamental theory of internal restraint is to the prosecutorial investigation power. It includes the concepts of prosecutorial investigation power to define, deeply analyzing the fundamental theory and exist of practice necessity of which internal restraint of the prosecutorial investigation power has.As well as, The feature of internal oversight of attorney investigation power, and The principle of it.The second partThere are some problems while Attorney investigation power is running as well as some reasons behind them.Firstly, some Problems are in the exercise of prosecutorial investigation power. It mainly depends on 11 typical cases of judicial irregularities of the Supreme Procuratorate Bulletin, pointing out some problems in the exercise of prosecutorial investigation power. Secondly, the deeply cause analysis of prosecutorial investigation power. It includes the reason of minds, system defects and unscientific configurition to prosecutorial investigation power.The third partSeveral initiatives are to improve internal oversight of prosecutorial investigation power.