The Investigation Supervision Mode Reserch In China

The investigation activity is the basis of the whole criminal procedure, and is one of the most important stages of the proceedings. Therefore, the mode of investigation and supervision is also an important research topic under the modern rule of law.At present, our country executes the supervision mode of the main body of the procuratorial organs, although the National People’s Congress of the National People’s Congress adopted a new "criminal procedure law amendment" in 2012, which makes China’s investigation and supervision mode has made some progress, but the defects of the traditional pattern of the procuratorial organs have been existed, so the procuratorial organs supervision mode still needs to be improved and developed.At present, the basic situation of the investigation and supervision mode of our country is that the department has the power of investigation is more than that has the power of supervision,and the investigation power involves wide and easy to expand. So in the investigation department, when the state power and individual rights, freedom conflict, the supervision departments of the investigation department is extremely weak, and can not effectively protect and relieve personal rights.Therefore, there are shocking miscarriages of justice, the illegal torture scandal in front of people every year. These phenomena indicate that the power of the investigation department has not been well balanced, that is, the lack of effective supervision mode. Our country law stipulates that the procuratorate is the legal supervision organ, that is, the implementation of the main body of the investigation mode.But this kind of investigation supervision mode at present has major drawbacks:at first,the supervisory authority is too large to be at a loss what to do investigative rights of breach of privilege, namely the scope of supervision is narrow, single means backward; secondly, the embarrassing situation of procuratorial organs internal supervision into the main body of the investigation and supervision, supervision function can not effectively play the main role; third, I procuratorial organs play in litigation activities is the public prosecution department, the exercise of the functions of prosecution power, the procuratorial organs in the public security organs in the investigation power supervision tends to dominate, fourth, the procuratorial organs of the supervision of the main body excludes the possibility of the court, lawyers or people, and other subjects who can be used as the supervision of the main body.Therefore, under the mode of prosecution subject, investigation and interrogation prone to extorting a confession by torture; arrest and search program easy to do damage to citizen’s rights and freedoms and property; judges, lawyers because of insufficient degree of participation,can not better protect and relief citizens. Therefore, under the principle of rule of law and the protection of human rights, how to make the subject of investigation and supervision of the status of the main body, how to balance the contradiction between the state power and individual rights, and better improve the mode of investigation and supervision in our country has become the focus of theoretical and judicial circles’study.Under the above background, firstly, this paper discusses the structure and characteristics of the mode of investigation supervision in China, has been clear about the scope of supervision mode, subjects, instruments and features; secondly, this paper compares the different Chinese and Western supervision mode of investigation, analyzes the operating condition of the Anglo-American law system mode "writ system and the civil law inquisitorial model of integrating police and procurator "supervision system, and from Western supervision mode to get some inspiration; finally, the author according to the actual situation of the supervision mode of our country, a profound analysis of the status quo and existing problems of China’s investigation supervision mode and puts forward practical methods of supporting. The author believes that the current investigation and supervision mode of our country can not be separated from the legal system and the rule of law, and the supervision mode of the main body is designed according to the actual situation of our country. Therefore, we can not copy or imitate the foreign supervision model. The author thinks that the mode of procuratorial supervision in our country can appropriately increase the judges and lawyers as the main part of the supervision.