| The supervision of prosecutorial self-investigated cases has always been a dispute, For the improvement of legal supervision of prosecutorial self-investigated cases, Academic circles has also been discussed for many years. There hasn’t been an ideal mechanism established.In the fourth plenary session of 18 th, it has proposed to put forward "Proceedings centered on Trial" reform, which requires highlight the central role of trial, strengthen pre-trial procedures for judicial power restriction, change the previous centered on investigation pattern. It’s a good opportunity to improve the mechanism of legal supervision of prosecutorial self-investigated cases.Prosecutorial self-investigated cases has its particularity,because of the investigation organs and Supervising organs are all procuratorial organs. They belong to the same framework, has not escaped the consubstantiality.At the same time, although the right of review of arrest has been improved to the high level, with the increase of duty crime cases, the avoid phenomenon appeared constantly. Besides, the leadership relations between Procuratorial organs are the superior and the subordinate, Supervision was largely invisible. The investigation of the current supervision is in a dilemma, it is unable to achieve the goal of supervision, cannot reflect the restriction of judicial power.It is also not comply with the implementation of "Proceedings centered on Trial". Therefore, this article attempts to analyze the "Proceedings centered on Trial" reform and the requirements of prosecutorial self-investigated cases. On the basis of the analysis of the current predicament and controversy, combining with the experience of the rule of law abroad, explore new paths of prosecutorial self-investigated cases. This research will focus on the establishment of the judicial review mechanism and the analysis of the feasibility of obstacles.This paper will be started with instruction, and the main body contains four chapters, at last there will be a conclusion.In the first chapter of the main body,we will focuses on the connotation of "Proceedings centered on Trial", discuss the reform of the system and the requirement of the supervision of prosecutorial self-investigated cases, then compare the difference between their requirements.The second chapter mainly discusses the current procuratorial organs of the supervision of prosecutorial self-investigated cases, analyze the controversy of the dispute. The Procuratorate has made a lot of effort in this area, but failed to jump out the same supervision framework. Supervision is in a dilemma. Different supervision plan also brought a lot of controversy. The controversy has a great value for this paper.The third chapter is mainly to see what measures are foreign countries taken in this area. What are these measures inspired to our country.The fourth chapter is on the basis of the above, to clear the scope of investigation supervision in our country, consider to establish a judicial review mechanism to improve the investigation supervision, and analyze the feasibility of judicial review mechanism in our country, discuss the existing obstacles, as well as other measures to improve the investigation supervision mechanism, etc. |
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