Research On The Limitation Of The Procuratorial Organs’ Investigation Power

The procuratorial organs in our country enjoy the power of investigation on some criminal cases and will take some investigation measures in the investigation, then will more or less affect citizen’s personal interests and property interests, so it is necessary to limit the procuratorial organs’investigation power. And in accordance with the law of the exercise of power, any kind of power should be subject to certain regulations, otherwise it will be abused, investigative power in prosecution is no exception. In recent years, the procuratorial organs’investigation power has been abused:as investigators corrupt, torture, indiscriminate use of compulsory investigative measures, which reflects the necessary on limiting the procuratorial organs’investigation power. This article aims to study the issue of regulation of investigative right in prosecution.This article researches the regulation of prosecution investigation power with six parts. The first part is the concept, characteristics, history, operation mode and regulation of prosecution investigation power. About the regulation, the paper is divided into internal regulation and external regulation. The second part is the problem on regulation. We found the problem from regulation discussed in the first part, and divided into internal problem and external problem to discuss. The third part is the necessity of the regulation of prosecution investigation power. This part points out the reason for regulation by discussing the possibility of abusing prosecution investigation power, the procuratorial organs’oversight responsibilities, and the requirement of trial and justices. The fourth part is the legal basis of the regulation of prosecution investigation power, including human rights protection theory, power balance theory, due process theory and equality of prosecution theory. In addition, the fourth part has discussed the regulation of prosecution investigation power of common law countries and civil law countries, then we will draw inspiration from them. The fifth part is the improvement and reconstruction of prosecution investigation power. This part, on the one hand, has discussed how to improve internal regulation system and external regulation system of prosecution investigation power; on the other hand, discussed about changing the law to realize the separation of investigating power from procuratorial power, so as to solve the problem fundamentally.