| Criminal procedure work center of gravity is to solve the problem of the criminal responsibility according to the accused person namely identify personnel was investigated whether criminal facts and should undertake criminal responsibility. And criminal facts ascertained in investigation phase, identify the work is done, find out investigation phase facts, evidence for examination and prosecution stage of follow-up and trial work has far-reaching influence. It can be said that the investigation procedure of the research on the development of the whole criminal procedure have the function of the stable foundation, foundation is not firm, shaking. The focus of the research and investigation procedure problem is indictment of legal operation that control the legitimacy of the indictment. This article is divided into three parts to our country the current investigation supervision system to study.The first part of the article mainly expounds the basic principles of investigation supervision. The basic principle of this chapter is divided into three, respectively expounds the connotation of criminal investigation supervision problem, the problem of criminal investigation supervision mode and the value of the criminal investigation supervision and evaluation. The connotation of criminal investigation in this section is from the general connotation of legal supervision, litigation in the context of legal supervision meaning and connotation of investigation supervision parse to discusses the three angles. Investigation on the problem of the mode of supervision from the extraterritorial criminal indictment of control mode, and the pattern of our current investigation supervision the Angle of the two. The first part of the last major from the macroscopic and microscopic two aspects, to describe the value of investigation supervision.The second part of the article mainly discusses the current status of criminal investigation supervision in our country and problems cause analysis. This part from the investigation of the operation situation of supervision system, investigation of the problems existing in the supervision system and the analysis of the causes of these two aspects to elaborate. Run for investigation supervision at present in this section points out the criminal prosecution procedure run opaque, filing or not initiate an investigation has certain capriciousness, process the violation of the litigation rights of criminal suspects and defendants have occurred, disguised illegal evidence often happened in the process of investigation evidence collection, investigation detain deadline to grasp is not strict, use rules to extend the investigation detain deadline, the mandatory measures applicable in a certain arbitrariness. In the problems of investigation supervision in this section from two aspects of legislative level and judicial level.The third part of this paper is the perfection of criminal investigation supervision system path that is current investigation supervision system make recommendations for improvement. This part from perfect guiding ideology, perfecting the path selection of specific ideas and improve the system of investigation supervision. Article proposes strengthening based on considerations of human rights protection concept, embodied the idea of procedural justice guidance, exert power checks and balances of the guidance of three guiding ideology. In perfecting the path selection of this section, the article in view of the present investigation supervision system refinement points are proposed for the details of investigation supervision rules and set up the correct concept of investigation supervision perfect path. At the end of the article puts forward the specific ideas on investigation supervision including the repositioning of the procuratorial organ function and building the indictment operation mechanism of judicial review. |
