| As a basic but independent period,the investigation procedure plays a key role during the whole criminal procedure.On one hand, through the investigation procedure the investigation organization judges whether there are criminal facts, thus realizing the duty of investigating or punishing crime and maintaining the whole society in order. On the other hand, also through the investigation procedure, the criminal suspect is able to protect himself and do against the government’s prosecution. It can be said that whether there is a good or poor investigative procedure directly influences the subsequent prosecution and trial procedure. In order to resolve the criminal case in time, it is common that the police take all kinds of coercive measures, the nature of which are compulsory and and aggressive. If they are used illegally, the personal freedom of residents will be greatly harmed.It has been widely recognized that without restriction the public power is easy to be misused. In China,the procuratoial authority is the legal supervision office, who plays an important role in supervision and inspection. Generally as the police are the main body to determine and execute coercive measures, how to supervise the execution procedure has become a big problem for the procuratoial authority. Though the duty of investigation supervision for the procuratoial authority has been improved a lot in the new Criminal Procedure Law, with over 50 provisions being revised or refined to restrict the investigative power, there still exist a great number of defects in the practice.As a result, this dissertation focuses on the topic about how can the procuratoial authority supervise the police’s coercive measures in a better way and it can be divided into five parts as follows:Part I demonstrates the necessity for the investigation supervision of coercive measures, which includes three parts. Firstly, it introduces the basic meaning and nature of ‘Coercive Measures’ 、 ‘Investigation’ ‘Supervision’ 、 ‘Investigation Supervision’ and so on. Secondly, it redefines the content of ‘investigation supervision for coercive measures’. Finally, it analyzes the necessity for the procuratoial authority to take investigation supervision of coercive measures respectively from the perspective of ‘protecting humanity’、‘restricting power’ and ‘realizing the fairness of procedure’.Part II respectively introduces the investigation supervision system in western countries and in China and by comparing the differences between common law system and civil law system, highlighting the characteristic of supervision in China.Part III concentrates on the situation about how the procuratoial authority supervises the police’s coercive measures under the current Criminal Procedure Law and analyzes the existing problems, which presents from three aspects: what the current rules for the police’s Coercive Measures are, what the situation of investigation supervision for coercive measures is and what the problems such supervision system bring. When agreeing the revision of the Criminal Procedure Law in 2012, this dissertation also points out the main defects that the five kinds of coercive measures.Finally, Part IIII, according to the current problems, raises some suggestions. From a wide perspective, it advises that the system of participating in the supervision procedure in advance should be improved, the scope of supervision should be defined, an after-recording system should be established and the compulsory punishing measures should be ensured in a legal form. And from a narrow perspective,specific executing procedures should be made in detail, for example, perfecting the supervision of the minimum time interval for two summons, improving the supervision system of remand, strengthening the supervision of the execution place for designated place to residential surveillance, establishing the procuratoial office’s power to approve the detention and deepening the supervision of the arrest system. |
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